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Read Wills, Trusts, & Estate Planning updates, articles, and legal commentary from leading lawyers and law firms:
Winstead PC

A Court Affirmed A Construction Of A Will Regarding The Devise Of Real Property

Winstead PC on

In In re Estate of Martinez, a decedent left a holographic will, and a potential recipient of property under that will offered it for probate and sought a declaration regarding a devise of property. No. 04-22-00708-CV, 2024...more

Lathrop GPM

Estate Planning 2025 Federal Tax Update

Lathrop GPM on

As we start the new year, this Federal Tax Update highlights estate planning-related federal tax information as you consider 2025 planning options. ...more

Winstead PC

Court Held Order Requiring An Executor To Make A Partial Distribution Was Not An Appealable Order

Winstead PC on

In Gaddy v. Fenenbock (In re Est. of Fenenbock), a probate court entered an order directing the independent executor of an estate to make a partial distribution of assets from the residuary clause in the decedent’s will into...more

Mandelbaum Barrett PC

Elder Law and Special Needs Newsletter: December 2024 Issue

Mandelbaum Barrett PC on

The Great Wealth Transfer: Preparing the Next Generation - The great wealth transfer is underway in America. Through 2045, Baby Boomers will pass down approximately $84 trillion to Gen Z, Millennials, and Gen X. But what...more

Bowditch & Dewey

10 Reasons Why You Should Make Estate Planning Your New Year’s Resolution

Bowditch & Dewey on

People often assume that if their estate isn’t taxable, they don’t need to have an estate plan. In 2024, a Massachusetts estate tax return must be filed if the value of the deceased person’s gross estate exceeds $2 million. A...more

Proskauer Rose LLP

Wealth Management Update - January 2025

Proskauer Rose LLP on

The January 2025 Section 7520 rate for use with estate planning techniques such as CRTs, CLTs, QPRTs and GRATs is 5.2%, an increase from the December 2024 rate of 5.0%. The January applicable federal rate (“AFR”) for use with...more

Poyner Spruill LLP

Clear Drafting in Estate Planning: Lessons from Abitol v. Clark

Poyner Spruill LLP on

The North Carolina Court of Appeals’ recent decision on December 3, 2024 in Abitol v. Clark highlights the critical role of clear drafting in estate planning and raises novel legal questions regarding the inheritance rights...more

Lowenstein Sandler LLP

Grave Reservations: Everything You Didn’t Realize You Want to Know About Cemeteries

Lowenstein Sandler LLP on

Host Warren K. Racusin, Chair of Lowenstein’s Trusts & Estates practice, talks about the law and lore of cemeteries with Eric D. Weinstock, and Rich Moylan, president of Green-Wood Cemetery in Brooklyn, New York. They discuss...more

Mandelbaum Barrett PC

The Great Wealth Transfer: Preparing the Next Generation

Mandelbaum Barrett PC on

The great wealth transfer is underway in America. Through 2045, Baby Boomers will pass down approximately $84 trillion to Gen Z, Millennials, and Gen X. But what constitutes a high-net-worth (HNW) inheritance? In the United...more

Warner Norcross + Judd

A Reminder of a Fiduciary’s Duty to Use Forms Approved by the State Court Administrative Office- UPDATED 12-23-2024

Warner Norcross + Judd on

This week, the Michigan Court of Appeals released its decision in In re Estate of Joel Solomon Weingrad, Docket No 360247, 2023 WL 3397437 (Mich Ct App May 11 2023) (unpublished), which stands for three principles in estate...more

Schwabe, Williamson & Wyatt PC

Estate Planning for Physicians: Why It’s Important and How to Get Started

When you’re a physician, your life is defined by long hours, major responsibilities, and a focus on the health and well-being of your patients. Though dedication to your practice is commendable, planning for the future is...more

McNees Wallace & Nurick LLC

Act 61 – New Pennsylvania Guardianship Rules Approved and Immediately Effective

As of December 18, 2024, The Pennsylvania Supreme Court has approved new guardianship rules, effective immediately. These changes include revisions to procedural requirements, updates to forms and new rules for guardianship...more

Lasher Holzapfel Sperry & Ebberson PLLC

Modernizing an Existing Irrevocable Trust

Many savvy estate plans include the use of an irrevocable trust that was established many years ago. However, the very nature of an irrevocable trust means that once the trust agreement is finalized, the terms of that trust...more

Foster Swift Collins & Smith

Legal-Ease: Common Questions Surrounding Durable Powers of Attorney

Dear Jonathan: Can you please explain what the difference is between a financial durable power of attorney and a health care durable power of attorney....more

Stinson LLP

Trump's First 100 Days: Tax, Trusts & Estates

Stinson LLP on

The Trump administration is expected to work with Congress to extend the Tax Cuts and Jobs Act (TCJA), but this will take longer than 100 days....more

Morris James LLP

Chancery Determines Manager Status and Rights of Feuding Relatives in Dispute Over New York Real Estate Empire

Morris James LLP on

Gurney-Goldman v. Goldman, C.A. No. 2023-1124-JTL (Del. Ch. July 12, 2024) - Four siblings inherited equal 25 percent interests in the New York real estate empire of their late father. Two of the siblings (“Allan” and...more

Allen Barron, Inc.

Trust and Estate Planning for Business Owners

Allen Barron, Inc. on

Why is the end of the year a good time to consider trust and estate planning for business owners? Do you own real property or have other investments outside your business interests? Have you given any thought to what would...more

Jaburg Wilk

The Importance of Funding a Revocable Living Trust

Jaburg Wilk on

Many people create a revocable living trust to avoid probate, maintain privacy, and ensure smooth estate distribution. However, these benefits only apply if you properly “fund” your trust, meaning you must transfer assets...more

Dunlap Bennett & Ludwig PLLC

How do you protect your digital assets online when you die?

With the rise and popularity of social media, this century, and the shift to creating, storing, and owning digital assets, asset protection and estate planning has evolved into acknowledging the need to address and...more

Ballard Spahr LLP

Digital Planning Podcast Episode: Planning for Your Digital Legacy

Ballard Spahr LLP on

In this episode of the Digital Planning Podcast, Jen Zegel, Justin Brown, and Ross Bruch sit down with special guest, Richard Zack, CEO and Co-Founder of Eternal Me, to dive into the essential, yet often overlooked, topic of...more

Dunlap Bennett & Ludwig PLLC

Don’t Wait Until It’s Too Late: The Sunsetting Of The Federal Estate Tax Exemption

With the current federal estate tax exemption currently at $13.61 million per person, many taxpayers may feel that they do not need to worry about their estate tax planning because their assets are below the federal estate...more

Bowditch & Dewey

Annual Exclusion Gifting

Bowditch & Dewey on

Clients are often interested in gifting to their loved ones not only to benefit the recipient of the gift, but also to reduce the donor’s taxable estate for estate tax purposes. Every taxpayer can give a certain amount each...more

Kohrman Jackson & Krantz LLP

Utilizing the QTIP Trust: How A Trust Can Save Your Blended Family

As it was famously sung about the Brady Bunch, you knew it was much more than a hunch and now your group must somehow form a family. Like the Brady Bunch, blended families consist of a couple and their children from previous...more

ArentFox Schiff

Residency Determination for US Federal Estate and Gift Tax Purposes and Choice of US Federal Estate Tax Blockers

ArentFox Schiff on

The term “resident” is defined differently for US federal income tax purposes and US federal estate and gift tax purposes. The mismatch in the US resident status under the two tax regimes often gives rise to problems. Thus,...more

Robins Kaplan LLP

Board Governance in the Age of AI: Navigating Risks of Note-Taking Tools

Robins Kaplan LLP on

Recently, during a virtual meeting of a board-of-directors committee, the chair noticed one of the absent committee members had suddenly appeared in attendance. But after closer review, the chair realized it was not the human...more

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