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Estate Planning Equitable Distribution

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... more +
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 -
Charles E. Rounds, Jr. - Suffolk University...

The Uniform Trust Code inadvertently puts a bullseye on the trustee’s doctrinally indispensable affirmative duty to furnish all...

Many of my prior JDSUPRA postings caution that codification of the law of trusts, such as the Uniform Trust Code (UTC), are only partial codifications. See the catalogue of my prior postings below. There is much prevailing...more

Fox Rothschild LLP

Appellate Division Holds that Newly Enacted Statute to Close the Black Hole Applies Retroactively

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Last week, I blogged about the new statute that closed the block hole that existed when a party who held most or all of the assets died during while a divorce was pending. Specifically, the new statute permits the court to...more

Fox Rothschild LLP

Divorce Ambivalence Can Come at a Hefty Price

Fox Rothschild LLP on

When I first read the precedential ruling of the Pennsylvania Superior Court in Shell v. Shell, I really didn’t find it noteworthy enough to write about. This is a case where a spouse discovered that her husband was moving...more

Lowenstein Sandler LLP

Five Points to Consider Before You Tie the Knot

Lowenstein Sandler LLP on

Contrary to popular belief, truly effective estate planning entails all parts of your life, not just the end of it. The process requires reflection on deeply held beliefs about what is important to you, your expectations for...more

Fox Rothschild LLP

CONVEYANCES OF MARITAL PROPERTY INTO TRUSTS Superior Court Holds Such Gifts May Be Fraudulent

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The Superior Court issued a non precedential decision on September 21 grappling with a question that has lingered since Pennsylvania adopted equitable distribution forty years ago. What happens to transfers of marital assets...more

Winstead PC

Court Holds That An Executor May Breach Duties In Making A Non-Pro Rata Distribution Of Assets

Winstead PC on

In In re Estate of Stewart, siblings filed claims regarding the administration of their father’s estate. No. 04-20-00103-CV, 2021 Tex. App. LEXIS 3897 (Tex. App.—San Antonio May 19, 2021, no pet. history)....more

Fox Rothschild LLP

Coronavirus Creates Estate Planning Opportunities – Divorce Too?

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Over the last several weeks, via emails, attending webinars and otherwise, I have frequently heard that the coronavirus may create significant estate planning opportunities. In fact, while writing this post, I Googled...more

Cozen O'Connor

The Pitfalls of Transferring Assets Into Trust Prior to Divorce

Cozen O'Connor on

Transferring assets into trust for the benefit of children or others is a common estate planning tool. The party making the transfer into a trust gives up any right to control the property or its distribution....more

Foodman CPAs & Advisors

Understanding a Personal Representative

A Personal Representative (PR) is in charge of the property (estate) of an individual who has died (known as the decedent). When a person passes away, their assets become property of their estate....more

BCLP

House Held In Trust Lost Marital Asset Status

BCLP on

In the afterglow of a wedding, the spouses probably don’t immediately start thinking how the bliss they feel may end spectacularly and expensively. Chances are they may even start estate planning, thinking how they can...more

Goulston & Storrs PC

T&E Litigation Newsletter - December 2016

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The last several weeks have brought us two decisions in which issues of family law intersected with T&E issues. First, the decision in Heystek v. Duncan, Case No. 15-P-1201, 2016 Mass. App. Unpub. LEXIS 1113 (Nov. 21,...more

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