News & Analysis as of October 31, 2024

Executors

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Estate Planning is a process where individuals prepare or plan for the settlement of their personal affairs in the event of incapacitation or death. Estate plans typically include provisions relating to the disposition of assets, guardianship of minor children, and appointment of representatives to make medical and financial decisions. Effective estate planning can decrease tax liability and facilitate the probate process. less -

Legal Updates for Lawyers’ Professional Liability - Case Law Update

Marshall Dennehey on 10/16/2024

Florida Court of Appeal Holds that Illinois Law Firm Subject to Jurisdiction of State of Florida in Connection with Legal Malpractice Lawsuit Brought by Personal Representatives of Deceased Father’s Florida Estate - Neal...more

The Executors’ Duty to Timely Administer an Estate - When Do I Get My Distribution?

Stark & Stark on 10/9/2024

As a beneficiary of an estate, you may be expecting to receive your inheritance in a timely fashion. Unfortunately, the process to properly administer an estate prior to distributions being made by an executor might take a...more

The Immediate Importance of Estate Planning

Allen Barron, Inc. on 9/24/2024

What is the immediate importance of estate planning and why should any parent, business owner, homeowner, or those nearing retirement be focused on this issue? Why do most people delay one of the most critical financial and...more

Ten Reasons Why You Should Prepare a Will

Lerch, Early & Brewer on 8/28/2024

Creating a last will and testament is the first step in creating an estate plan – a critical planning tool to ensure that your wishes are honored and that your loved ones are cared for after your death....more

Court Affirmed The Removal Of An Executor For Gross Mismanagement

Winstead PC on 8/21/2024

In Gordon v. Gordon, a couple created a revocable trust and named a friend, who provided financial advice, as successor trustee. No. 03-22-00454-CV, 2024 Tex. App. LEXIS 3611 (Tex. App.—Austin May 23, 2024, no pet. history)....more

Why You Need A Will In Washington State

Dunlap Bennett & Ludwig PLLC on 3/5/2024

The estate-planning process can be stressful and unpleasant. Many people put drafting a will off because they don’t want to think about leaving their loved ones behind. In some cases, people think they don’t need an estate...more

Maintaining Your Legacy: The Importance of Regularly Reviewing Your Estate Plan

Lippes Mathias LLP on 2/29/2024

One of the most common questions raised by clients is: how often should I update my Will? The answer to this question must be examined on a case-by-case basis and is heavily dependent on each client’s ever-changing present...more

Considerations When Choosing Between a Trust vs. Will Estate Plan

Lippes Mathias LLP on 2/6/2024

There are a number of considerations to make when deciding whether to proceed with a Will-based estate plan or a trust-based estate plan. First, as a general matter, there are two ways in which your estate can be distributed...more

Alternatives to Litigation in a Will Contest or Probate Dispute

Hendershot Cowart P.C. on 1/8/2024

When conflict arises in the settling of an estate – especially a high-net-worth estate – the parties involved may look to the courts to help resolve the dispute. Litigation is one way to settle probate disputes, but it is...more

Estate Planning: What You Should Consider

Dunlap Bennett & Ludwig PLLC on 1/5/2024

While many think that crafting an estate plan like a will or a trust is a relatively straightforward matter, numerous considerations go into making an effective estate plan to provide for your loved ones....more

Texas Court Approves Accounting In An Estate Dispute

Winstead PC on 12/13/2023

In Many v. Ridgely, a decedent’s son and daughter were beneficiaries of her estate. No. 03-21-00520-CV, 2023 Tex. App. LEXIS 8189 (Tex. App.—Austin October 27, 2023, no pet. history)...more

Avoiding Probate in New York: Benefits of Planning Ahead

Lippes Mathias LLP on 11/29/2023

What is the Probate Process in New York? Probate is the formal legal process that gives recognition to a will and appoints the executor or personal representative who will administer the estate and distribute the...more

Things To Consider When Creating An Estate Plan

Dunlap Bennett & Ludwig PLLC on 11/2/2023

When thinking of creating an estate plan, here are a few things to consider before finalizing your final wishes: Should you create a Will or a Trust? The essential difference between a will and a trust is that a...more

Estate Planning After Death: 20/20 Hindsight

Rivkin Radler LLP on 10/2/2023

Did you know that actions can be taken after you die (i.e., post-mortem) to achieve the best results possible for your testamentary plan? Some estate plans are intentionally structured to give your beneficiaries and your...more

Estate Planning for Child-Free Adults

Bowditch & Dewey on 8/18/2023

DURING YOUR LIFE - When preparing your estate plan, it is of utmost importance to ensure that you have documents in place so your spouse or another trusted individual can make medical and financial decisions on your...more

Amendments to the Israeli Succession Law

Barnea Jaffa Lande & Co. on 8/1/2023

New amendments to the Israeli Succession Law came into effect recently. These amendments aim to alleviate the bureaucratic burden involved both in issuing probate orders or inheritance orders and in supervising estate...more

The Sad Tale of Hubby and Lovey: Preparing One’s Estate for the Possibility of Divorce

Lowenstein Sandler LLP on 7/28/2023

In this episode of “Splitting Heirs,” Warren K. Racusin, partner and Chair of Lowenstein’s Trusts & Estates practice, speaks with Sharon L. Klein, EVP, President - Family Wealth, Eastern U.S. Region & Head of National Divorce...more

Planning Your Estate? What to Ask Before You Name an Executor

Miles Mediation & Arbitration on 6/5/2023

Benjamin Franklin once said that nothing is certain except for death and taxes. For many people, the awareness of the first certainty spurs them to make an estate plan, which necessitates several important decisions. In...more

Court Discusses Holding An Executor In Contempt For Commingling Property

Winstead PC on 5/15/2023

In In re Mittelsted, a trial court held a former executor in contempt for over twenty acts of commingling personal property with estate property and ordered that the executor pay over $200,000 to avoid contempt. No....more

When One Is Not Enough: Dividing Fiduciary Powers and Dispositions - Presentation

Winstead PC on 5/5/2023

Winstead Shareholder David F. Johnson participated in a panel presentation entitled “When One Is Not Enough: Dividing Fiduciary Powers and Dispositions” for the State Bar of Texas’s 29th Advanced Estate Planning Strategies on...more

Cayman Islands: In the Matter of The X Trust and The Y Trust – FSD 57 of 2022 (IKJ)

Conyers on 4/26/2023

Offshore Trust and Estate Litigation Update Series – Part I - Trust and estate disputes in both the Cayman Islands and the BVI, and claims against the actions of a trustee/executor or disputes related to an interested...more

When Should You Hire a Probate Attorney?

Kohrman Jackson & Krantz LLP on 1/25/2023

If probate is needed, the process usually begins soon after a loved one passes away. The probate process can be long, stressful, and expensive. Some family members are able to manage it on their own without an attorney, but...more

Anne Heche Estate Battle Highlights Importance of Selecting an Executor or Personal Representative for Your Estate

Bowditch & Dewey on 9/30/2022

In a tragic car accident, at age 53, actress Anne Heche, known best for her roles in Donnie Brasco, and Six Days, Seven Nights, passed away on August 11, 2022. Heche’s two sons, Homer (age 20) and Atlas (age 13), survived...more

Don’t Let Your Dead Body Become “A Loose Ball.”

Fox Rothschild LLP on 9/22/2022

Forgive the title but this is written amidst the Eagles-Vikings game and on the same date as Queen Elizabeth’s funeral. Commentators noted that the Queen’s final event was more than a generation in the planning and was...more

Wendy and Jen Wreck the Movies: Elizabethtown (2005), or “Sharing is Caring, Don’t Keep Your Final Wishes a Secret”

Rivkin Radler LLP on 9/15/2022

Drew Baylor is a wildly successful athletic shoe designer for Mercury Sportwear until his world is turned askew when one of the shoes he designed is accused of having a design flaw. Mercury announces a recall; Drew becomes...more

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