News & Analysis as of February 19, 2025

Estate Planning

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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 -

The Murdoch Trust: From Inception to the Latest Court Ruling

Cohen Seglias Pallas Greenhall & Furman PC on 2/19/2025

The Murdoch family and their media empire have long captivated national attention, with layers of legal and financial complexity shaping the future of one of the world’s most influential media dynasties. At the center of this...more

Individual Trustee Delegates to Financial Institution the Job of Taking Custody and Keeping Track of Income and Principal: The...

Charles E. Rounds, Jr. - Suffolk University... on 2/18/2025

While PC software programs are a practical improvement over the trustee’s hard-copy ledger book, when it comes to keeping track of trust income and principal these programs still require serious clerical monitoring on the...more

Estate Planning for Families with Minor Children: Key Considerations and Strategies

Schwabe, Williamson & Wyatt PC on 2/18/2025

When minor children are addressed in an estate plan, special considerations are involved to ensure their well-being and financial security. Parents ought to make decisions about who they would prefer to serve as the guardian...more

Shielding Your Cryptocurrency: Essential Estate Planning and Asset Protection Strategies in the Digital Age

Falcon Rappaport & Berkman LLP on 2/18/2025

As cryptocurrencies like Bitcoin surge to unprecedented values—crossing the $100,000 mark at the time of this writing—both seasoned investors and newcomers are pouring billions into this thriving asset class. The U.S....more

Cayman Islands: in pursuit of robust and efficient justice

Carey Olsen on 2/18/2025

The Cayman Islands offers many advantages to global families: the structures available are modern and flexible; the jurisdiction's legislation is continually updated in line with the market and evolving international rules;...more

Transaction Q+A: What Private Business Owners Should Know Before Selling

Schwabe, Williamson & Wyatt PC on 2/17/2025

Brian Andreosky, President of Aldrich Capital Advisors, and lawyer Matt Bisturis, Shareholder at Schwabe, Williamson & Wyatt, P.C., discuss steps that private company owners should consider before, during, and after sale of...more

Bennett Jones Leading the Way in Employee Ownership Trusts

Bennett Jones LLP on 2/14/2025

Effective January 1, 2024, Canada introduced detailed rules into the Income Tax Act (Canada) to facilitate and encourage employee ownership of small and medium sized Canadian businesses through the creation of employee...more

Planning for Your Pet’s Care following Your Incapacity or Passing

Saiber LLC on 2/14/2025

Whether you’re a dog lover, a cat person, or a caretaker for another kind of feathered, scaly, or furry friend, pets are an important part of our lives. Yet when individuals are creating their estate plan, their pet’s future...more

Watch the Sunset: Federal Estate Exclusion Set To Shrink in 2026; New Changes on the Horizon

Davis Wright Tremaine LLP on 2/14/2025

The 2017 Tax Cuts and Jobs Act (TCJA) is set to end at the close of this year, resulting in a federal estate exclusion that is less than half of the current $13.99 million exclusion. Other changes to the tax structure are...more

Presentation: Trust Modifications and Reformations in Texas

Winstead PC on 2/13/2025

Lead writer for the Fiduciary Litigator blog, David F. Johnson, presented “Trust Modifications and Reformations in Texas” at UT Law CLE’s 21st Annual Changes and Trends Affecting Special Needs Trusts Conference. This...more

Protecting Your Family and Future: Essential Estate Planning for the LGBTQ+ Family

Offit Kurman on 2/13/2025

Estate planning is a critical part of securing the future for any family, and for LGBTQ+ individuals, it is particularly important given the legal complexities and challenges that may arise in the current political climate....more

Pra Dizer Adeus (To Say Goodbye) – A Homage to Sergio Mendes and a Little Bit About Tax Planning for PPLI for Trial Lawyers

Gerald Nowotny - Law Office of Gerald R.... on 2/13/2025

Litigation attorneys have had the ability to defer contingency fees since 1994. You are hard pressed to find another profession that has this tax advantage. Hedge fund managers have been running and winning the “Death Race”...more

Keeping Romance Alive in Premarital Planning

Levenfeld Pearlstein, LLC on 2/13/2025

Each year, “proposal season” begins around Thanksgiving and ends on Valentine’s Day. Then the planning begins — the date, the venue, the guests — and, for many couples, a premarital agreement....more

Court Reversed A Judgment Based On A No-Contest Clause Because After Nonsuiting The Will Contest Pleading, The Trial Court Did Not...

Winstead PC on 2/12/2025

In In re In the Estate of Wegenhoft, an applicant filed an application to probate a will, which contained a no-contest clause. No. 14-23-00350-CV, 2024 Tex. App. LEXIS 5352 (Tex. App.—Houston [14th Dist.] July 30, 2024, no...more

Asset Protection Planning from A-Z: 26 Things to Think About Before Jumping In

Kilpatrick on 2/12/2025

Let’s work off of this premise: an estate planner’s job is to help a client pass their value and values to the following generations to the fullest extent possible, addressing as many of the obstacles in doing so as...more

What is a Special Fiduciary and When Can the Probate Court Appoint One?

Warner Norcross + Judd on 2/12/2025

The Michigan Court of Appeals recently issued a decision that considered the scope of the probate court’s ability to appoint a special fiduciary. In re Trueman Harrison and Modesta Harrison Trust, No 368031, 2025 WL 272281...more

Protecting Your Family’s Legacy: Estate Planning in Columbus’s Booming Economy

Kohrman Jackson & Krantz LLP on 2/12/2025

Over the past decade, Central Ohio has undergone a remarkable economic transformation. Columbus and its surrounding areas have attracted major investments from tech giants like Intel, Amazon, and Google, transforming the...more

Estate Planning Ownership Playbook

Kilpatrick on 2/11/2025

The Chicago Bears are a charter member of the National Football League, with ownership maintained by George Halas and later, his daughter, Virginia Halas McCaskey, for over 100 years. Upon Virginia McCaskey’s death last week,...more

The Post-Divorce Checklist: Check These Boxes!

Lerch, Early & Brewer on 2/10/2025

For many people, once they resolve their divorce, they are so ready to be done, they put off or forget to wrap up the final loose ends. This can be a costly mistake because many post-divorce action items need to be...more

The Complications and Concerns of Gray Divorce

Fox Rothschild LLP on 2/10/2025

I recently talked with family law attorney Robert Salzer on the Pennsylvania Bar Association’s “Law in the Family” podcast about “gray divorce” and the considerations related to parties divorcing later in life. There’s no...more

Financial Power of Attorney -To Spring or Not to Spring?

Adler Pollock & Sheehan P.C. on 2/7/2025

A financial power of attorney (POA) can be a critical component of your estate plan. It appoints a trusted representative (often called an agent) to make financial decisions on your behalf in the event you’re unable to do so....more

Legal-Ease: What Happens to Assets If I Do No Estate Planning at All?

Foster Swift Collins & Smith on 2/7/2025

Dear Jonathan: Based on my research, I feel like I’m pretty well versed in what I am supposed to do when it comes to creating an estate plan for myself. Everything I have read says that I should have a will, powers of...more

Wendy Williams’ Conservatorship Battle: A Cautionary Tale on Estate Planning

Kohrman Jackson & Krantz LLP on 2/7/2025

Wendy Williams’ ongoing legal battle over her financial conservatorship has reignited public debate on the complexities of incapacity planning. Although she allegedly executed a power of attorney (POA) in favor of her son,...more

Slayer Statute — Does a Crime Committed Against the Decedent Impact Inheriting from the Decedent under Michigan Law?

Warner Norcross + Judd on 2/6/2025

Yes, depending on the nature of the crime and if convicted. In re Donald F. Clark Trust, Court of Appeals January 16, 2025 (unpublished). This appeal involved the probate court's winddown of the Donald F. Clark Trust....more

Wills, Trusts & Estates: Plain and Simple Advance Directives

Rivkin Radler LLP on 2/6/2025

It is important for all adults to have advance directives in place to ensure that your wishes will be carried out if you become incapacitated. There are three basic types of advance directives: a living will, a health care...more

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Estate Planning

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