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Estate Planning Estate Claims

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 -
Bennett Jones LLP

Ontario's Court of Appeal Clarifies Limitation Period for Equitable Trust Claims Against Estates

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In its recent decision in Ingram v Kulynych Estate, the Court of Appeal for Ontario clarified the timeline for bringing equitable trust claims against estates, concluding that such claims are subject to the two-year...more

Goodell, DeVries, Leech & Dann, LLP

Bennett v. Gentile: Maryland’s Supreme Affirms Strict Privity Rule in Legal Malpractice Cases

Maryland’s Supreme Court declined to overturn the strict privity rule in legal malpractice cases. The rule, which generally bars third parties from suing lawyers, was a key issue in the recent Bennett v. Gentile decision. ...more

Husch Blackwell LLP

Planning to Avoid Fiduciary Litigation

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When a loved one dies, the last thing you want to deal with is a lawsuit, or have your heirs inherit a lawsuit. After the death of a maternal or paternal figure that keeps the family together, tensions flare between siblings...more

Fleurinord Law PLLC

The Importance of Estate Planning for LGBTQ+ Couples in Texas and Florida

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The landscape of marriage in the United States has transformed significantly, particularly for same-sex couples, following pivotal legal battles that sought to recognize their right to marry. Understanding the nuances of...more

Fleurinord Law PLLC

Navigating the Twists and Turns of Aretha Franklin’s Estate 5 Years Later: Lessons Under Texas and Florida State Laws

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Aretha Franklin, the legendary Queen of Soul, passed away on August 16, 2018 from pancreatic cancer at the age of 76 in Detroit, Michigan.  She left a legacy marked by her incomparable music and talent, and a $6 million...more

Burns & Levinson LLP

Surprise: The MUPC, Intestacy, and Childless Couples

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Once upon a time, I was a young newlywed. My spouse and I always assumed that because we had no money, no kids, and were married, we were each other’s heirs. We had numerous conversations about how neither of us needed a will...more

Burns & Levinson LLP

Best Advice to Avoid Common Estate Planning Mistakes

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In my practice, I am fortunate to serve clients in developing tailored estate plans as well as administering the estates of recently deceased loved ones. This dual perspective exposes some common pitfalls that can undermine...more

Winstead PC

[Webinar] Fiduciary Litigation Update 2022-2023 - December 19th, 10:00 am - 11:00 am CT

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This update will address the following issues: whether a party has a right to jury trial in trust modification and other similar actions, what are the standards for pretrial receivership and injunctive relief in trust...more

Goulston & Storrs PC

Probate & Fiduciary Litigation Newsletter - November 2023

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This newsletter is intended to keep readers informed about developments in probate and fiduciary litigation in Massachusetts and New York. Our lawyers are at the forefront of this area of the law, shaping how it is handled in...more

Warner Norcross + Judd

Do Estate Beneficiaries Have a Default Right to Live in Estate Property Rent Free Until the Property is Distributed?

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No, according to In re Estate of Elze D. Harris, Docket No. 362364 (September 28, 2023). In Estate of Harris, the decedent’s three children were embroiled in litigation over who should control their deceased father’s...more

Burns & Levinson LLP

I’m A Childless, Single Adult. How Do I Navigate Establishing Fiduciaries?

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Many people default to nominating a spouse or a child as personal representative of their estate or trustee of their trust, if they have one. However, when one has neither a spouse nor a child, who should one choose to fill...more

Burns & Levinson LLP

What to Expect: Your First Meeting with an Estate Planner

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Any estate planning professional will tell you everyone should have an estate plan. But we also understand that the whole process can feel a bit daunting—finding an estate planning attorney, getting organized, making...more

Burns & Levinson LLP

Golden Visas and Estate Planning: How You Can Travel and Create Generational Wealth Over-Seas

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Didn’t get to travel to Europe this summer? Dreaming of retiring abroad? Have a child who is starting school internationally? It is not too late to head overseas and explore the unique benefits of alternative residences...more

McGuireWoods LLP

Once Removed Episode 13: It’s 5 o’Clock: Do You Know Where Your Will Is? A Lesson From Aretha Franklin

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If you had to say where your will is located right now, could you? Despite the importance of that document, many clients are not sure where the original is located. In this episode, Steve discusses the case of Aretha...more

Downey Brand LLP

Armor Up! Protecting Your Estate Plan with a Human Touch

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There are a few standard questions I almost always get when people find out that I work in probate litigation. “Do people call you right away when their relatives die?” “Isn’t that tough to deal with, emotionally?” And most...more

Shumaker, Loop & Kendrick, LLP

The Estate Planner, July/August 2023

Estate planning in a digital world - Today, virtually everyone owns (or licenses) digital assets, from email and social media accounts to digital photos and videos to online banking and brokerage accounts. Unlike...more

Lowenstein Sandler LLP

Whose Cello Is It Anyway? Or, a Lawyer, a Judge, and a Professional Athlete Talk About Family Litigation

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In this episode of “Splitting Heirs” host Warren K. Racusin of Lowenstein’s Trusts & Estates practice is joined by Jeffrey J. Wild, Lowenstein partner and litigator whose practice focuses on fiduciary issues; the Honorable...more

Adler Pollock & Sheehan P.C.

Glossary of Estate Planning Terms

Estate planning has a language of its own. While you may be familiar with common terms such as a will, a trust or an executor, you may not be as certain about others. For quick reference, here’s a glossary of terms you’re...more

Winstead PC

The Baby-Boomer Generation & The Largest Succession of Wealth in History: The New Frontier in Asset Recovery - Presentation

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David F. Johnson participated in a panel presentation entitled “The Baby-Boomer Generation & The Largest Succession of Wealth in History: The New Frontier in Asset Recovery?” for the Offshore Alert Miami Conference on April...more

Shumaker, Loop & Kendrick, LLP

The Estate Planner, May/June 2023

SECURE 2.0 provides a boost to your retirement and estate plans - The SECURE 2.0 Act of 2022 (SECURE 2.0) expands on the changes made by the Setting Every Community Up for Retirement Enhancement Act of 2019 (SECURE Act)....more

Burns & Levinson LLP

Challenging a Will: What We Can Learn From Priscilla Presley

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Elvis Has Left the Building - In 1977, when Elvis Presley died (to put a complicated situation very simply), his estate and any future royalties generated by his intellectual property, including his music, passed into a...more

Goulston & Storrs PC

Probate & Fiduciary Litigation Newsletter - February 2023

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Trust v. Code: What Trumps? Matter of the Leo Kahn Revocable Trust, 102 Mass. App. Ct. 38 (2022) - If the terms of a trust instrument are inconsistent with a provision of the Massachusetts Uniform Trust Code (“MUTC” or...more

Burns & Levinson LLP

Can I Fight My Family Member’s Inheritance?

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Picture this: your great aunt has died and left you and your brother each one million dollars, her entire estate, in a will. Great, right? Now imagine that your brother never appreciated your great aunt during her lifetime,...more

Shumaker, Loop & Kendrick, LLP

The Estate Planner, November/December 2022

Rising rates spark interest in charitable remainder trusts - If you wish to leave a charitable legacy while generating income during your lifetime, a charitable remainder trust (CRT) may be a viable solution. In addition...more

Burns & Levinson LLP

Will My Estate Plan Protect My Loved Ones?

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It is a common misconception that if a person has a will, there will be no need for court proceedings upon their death. In Massachusetts, however, a will must always be admitted to probate, a process requiring various forms...more

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