News & Analysis as of October 31, 2024

Estate Planning › Marriage

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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 -

Ontario Court of Appeal Clarifies Limitation Periods for Loans, Gifts, and Estate Claims

Dickinson Wright on 10/23/2024

The question of when a lawsuit can be commenced in Ontario seems pretty straightforward – in general, a plaintiff has two years from the date when the basis for a claim is (or should have been) discovered. It sounds simple...more

The Effect of Choice of Law Provisions in Prenuptial Agreements

DarrowEverett LLP on 10/3/2024

When wedding bells are ringing, the last thing most couples want to think about is the possibility of death or divorce. However, for those entering long-term relationships or preparing for marriage, prenuptial agreements can...more

Beniffer is benefinished…and didn’t have a prenup!

Bowditch & Dewey on 9/27/2024

Prenuptial agreements are not just for celebrities, but the messiness that follows a celebrity divorce filing often puts prenuptial agreements in the spotlight. Here are five reasons why Ben Affleck and Jennifer Lopez (J-Lo)...more

Why Do Couples Need Prenuptial Agreements?

Lerch, Early & Brewer on 9/18/2024

The case for couples to get (or at least strongly consider) a prenuptial agreement is simple: it is much easier to get into a marriage than it is to get out of one. ...more

The Sad Case of Lovey and Hubby (Part 2)

Lowenstein Sandler LLP on 9/18/2024

On this episode of “Splitting Heirs,” Warren K. Racusin welcomes back Sharon L. Klein, President of Family Wealth for the Eastern US Region of Wilmington Trust Company and member of the Estate Planning Hall of Fame, to...more

Importance of Beneficiary Designations in Estate Planning

Lasher Holzapfel Sperry & Ebberson PLLC on 8/13/2024

As a bit of background, there is a distinction between probate assets and non-probate assets. Probate assets are distributed according to your will during a probate administration whereas non-probate assets are distributed...more

Remarriage and a Blended Family - It's Time for a New or Updated Estate Plan

Allen Barron, Inc. on 7/10/2024

Are you considering remarriage? Do you and/or your spouse have children from a previous marriage? If so, remarriage and a blended family are excellent reasons for a new or updated estate plan. Blended families are quickly...more

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

Fleurinord Law PLLC on 6/18/2024

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

Managing Das Haus in a Second Marriage Estate Plan

Fox Rothschild LLP on 6/6/2024

So, you have remarried. Perhaps it has been 30 months; maybe 30 years. When you got together the guy/girl moved into your crib. It’s always been titled in your name and it’s the house you got in your divorce from No. 1. Now...more

What You Need to Know About Prenuptial Agreements: Part 2 – Considerations Before Entering into a Prenuptial Agreement

Kohrman Jackson & Krantz LLP on 1/29/2024

Prenuptial agreements (or “Prenups” as they tend to be referred to colloquially) tend to have an unfair reputation as a societal matter. Indeed, it’s not uncommon for critics of prenuptial agreements to view them as the most...more

Senior Marriage: Making Love Lovelier the 2nd Time Around

Fox Rothschild LLP on 1/3/2024

There has been a lot of press in recent years about seniors divorcing. The AARP recently wrote about a Bowling Green study which found that divorce rates among people over 65 have tripled since 1990....more

The Crucial Importance of Updating Documents After Divorce

Stark & Stark on 11/21/2023

Divorce can be a challenging and emotionally draining experience, leaving individuals with numerous legal and personal matters to resolve. Amidst all the turmoil, it is vital for people to understand the significance of...more

Recently Married? Consider These Steps To Protect Your Future

Kerr Russell on 11/14/2023

In Michigan, the process for an individual to take their spouse’s last name is fairly simple, but does require taking action with both the Social Security Administration (SSA) and Michigan Secretary of State. The first...more

PreNuptial Agreements in the Age of Great Wealth Transmission.

Fox Rothschild LLP on 9/27/2023

Axios published an article this week about what it terms the “growing acceptance” of prenuptial agreements. The sum of the article is based on a Harris poll reporting that 50% of those interviewed support the idea of couples...more

Senator Feinstein Alleges that the Trust Meant to Protect Her Has Become “Untrustworthy.”

Fox Rothschild LLP on 8/17/2023

Back on July 26 we wrote about how trusts have become a new territory within the divorce landscape. At the time the press was just starting to write about California Senator Diane Feinstein’s troubles with the trust her...more

Divorcing the Wealthy is Often a Matter of “Trusts”

Fox Rothschild LLP on 7/27/2023

I received a call recently from a colleague looking to refer a client for a divorce. Our firm had done estate planning for the client and spouse, thus we were not eligible to represent either party in a marital break up as...more

Estate Planning for Blended Families

Warner Norcross + Judd on 6/27/2023

Before you get remarried, you and your intended spouse should make a plan for the children and assets each of you are bringing to the marriage. Since you have already experienced a divorce from or the death of your former...more

When Do I Need an Estate Plan?

Lasher Holzapfel Sperry & Ebberson PLLC on 6/22/2023

One of the most common questions we receive in our Estate Planning practice is “when do I need a personalized estate plan?” While there are many factors to consider, you will want a personalized estate plan when there is a...more

Saying “I DO” Again – Top Eight Issues to Consider Before Taking Your Next Trip Down the Aisle

Cole Schotz on 6/14/2023

Most people are aware of the statistic that 50% of marriages end in divorce, and the statistics for divorces in second marriages are even higher with a rate of 70%. Often with second marriages, couples will have to address...more

Trust Issues in Divorce Proceedings - Presentation - May 2023

Winstead PC on 5/9/2023

David F. Johnson presented to the Tarrant County Probate Bar Association on May 4, 2023, on the topic of “Trust Issues in Divorce Proceedings.” This program discussed some of the many trust issues that arise in divorce...more

Estate Planning Pitfall: You Haven’t Coordinated Beneficiary Designations With Your Will

Adler Pollock & Sheehan P.C. on 5/3/2023

Perhaps you drafted your will years ago and it references many of your existing assets, including retirement plan accounts and life insurance policies. But you also have paperwork on file with the applicable financial...more

Major Shift in Ohio Law Now Permits Postnuptial Agreements

Kohrman Jackson & Krantz LLP on 3/29/2023

In a major shift in Ohio law, Ohio spouses are now legally permitted to enter into postnuptial agreements as of March 23, 2023. After a long history (more than 130 years) of rejecting postnuptial agreements, Ohio joins 48...more

Are You Sentencing Your Kids to Years of Litigation? You May Say “No” but Your Estate Plan May Say “Yes.”

Fox Rothschild LLP on 3/6/2023

On March 2, 2023 the Family Law Section of the state bar association dropped a podcast hosted by my partner Aaron Weems with an estate lawyer, Mary Kay Kelm. It covered a broad range of topics including diminishing capacity...more

5 Considerations When Remarrying After a Divorce

Burns & Levinson LLP on 1/11/2023

After going through a divorce, particularly a difficult one, some people plan never to remarry. For others, remarriage may feel like the fresh start they need and the chance to try again after it didn’t work out the first...more

A Spouse’s Inheritance Rights Vary State by State

Adler Pollock & Sheehan P.C. on 12/12/2022

If you’re preparing to get remarried, your estate plan likely isn’t top of mind. However, depending on the state you live in, your spouse has property rights that apply regardless of the terms of your estate plan. These...more

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Estate Planning › Marriage

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