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16 Jan 2023, 9:33 am
The Estates Powers and Trusts Law and the Surrogate’s Court Procedure Act contain an extensive array of statutes regarding the manner by which an estate fiduciary can be appointed. [read post]
6 Sep 2013, 7:00 am
For more information about estate planning and to download free tools to help you organize your estate, visit my estate planning website. [read post]
8 Dec 2017, 1:26 pm
A proper estate plan is not just what happens when you die. [read post]
24 Apr 2015, 1:39 pm
Therefore, in theory a party could do so and many attorneys may counsel their clients to not only go ahead and do so, but to also revoke and execute new documents such as Living Wills, Health Proxies and/or Power of Attorneys, if applicable. [read post]
4 Jul 2015, 5:43 pm
It remains to be determined whether the gift in question is subject to the cy pres power or passes to the estate of the donee's widow by intestacy. [read post]
11 Feb 2025, 4:36 pm
A trust is a powerful estate planning tool that helps individuals and families manage their assets, avoid probate, and ensure a smooth transfer of wealth to beneficiaries. [read post]
17 Jan 2023, 9:11 am
For others, with more modest assets, a will and powers of attorney are enough. [read post]
17 Apr 2022, 7:09 am
Sample materials: Hand-outs on Wills, Living Wills/Medical Advance Directive, Power of Attorney, Probate and Administration of an Estate, Real Estate, Working with your Attorney, Consumers Guide to New Jersey Laws, and Senior Citizen Rights. [read post]
17 May 2011, 2:13 pm
As previously referred to in blog posts, New York Estates, Powers and Trusts Law section 4-1.1 provides a list of persons who have priority of inheritance. [read post]
2 May 2016, 3:09 am
” The estate fared no better with its alternative reliance on Delaware LLC Act § 18-705 (the analog to New York LLC Law § 608), providing that the personal representative of a deceased member “may exercise all of the member’s rights for the purpose of settling the member’s estate or administering the member’s property, including the power under a [LLC] agreement of an assignee to become a company member. [read post]
2 May 2016, 3:09 am
” The estate fared no better with its alternative reliance on Delaware LLC Act § 18-705 (the analog to New York LLC Law § 608), providing that the personal representative of a deceased member “may exercise all of the member’s rights for the purpose of settling the member’s estate or administering the member’s property, including the power under a [LLC] agreement of an assignee to become a company member. [read post]
31 Mar 2015, 12:29 pm
A general power of appointment allows the holder to take the property subject to the power for him or herself, whether outright or by using it to pay his or her creditors (for estate and gift tax purposes, a general power is one that allows the holder to appoint to himself, his estate, his creditors, or the creditors of his estate). [read post]
12 Jan 2015, 2:42 pm
For a person who died with a will which did not specify a personal representative or grant someone else the power to name the personal representative, the personal representative will be “[t]he person selected by a majority in interest of the persons entitled to the estate,” or “[a] devisee under the will. [read post]
20 Jan 2015, 11:40 am
The sons had the power of appointment over these trusts to "one or more of the Donor's issue. [read post]
5 Nov 2013, 9:25 am
Estate, trust, power of attorney and probate disputes often develop due to disagreements over the manner in which someone managed another person's money. [read post]
31 Aug 2020, 3:31 pm
This appeal pushes the boundary of that territory, but the due process implications of sanctioning litigants for pursuing frivolous appeals (see id. at pp. 652-651) persuade us against exercising that power at this juncture.In today's DJ, Kevin O'Brien has Prevailing parties in trust and estate litigation can defeat an appeal before it is filed which highlights a key way in which probate appeals differ from regular civil appeals: Section 1310(b)… [read post]
10 Jul 2019, 9:09 am
Upon learning this information, the facility sought equitable relief for the difference between the Medicaid rate and the private pay rate from Prichard’s estate. [read post]
2 May 2011, 8:34 am
Using a trust protector is a new concept in estate planning. [read post]
21 Jul 2022, 6:42 am
Unmarried couples should engage the services of experienced attorneys to draft estate documents, such as Wills, Trusts, Living Wills, Health Care Proxies and Powers of Attorneys. [read post]
9 Oct 2014, 3:29 pm
Estates, Powers and Trusts Law ("EPTL") § 7-9 provides the general rule that a trust can only be terminated upon the consent of all interested persons only during the grantor's lifetime and with her consent. [read post]
