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Estate Planning › Beneficiaries › Decedent Protection

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 -
Lerch, Early & Brewer

Ten Reasons Why You Should Prepare a Will

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Creating a last will and testament is the first step in creating an estate plan – a critical planning tool to ensure that your wishes are honored and that your loved ones are cared for after your death....more

Warner Norcross + Judd

Trial Win for Warner Clients in Dispute Over Decedent’s Assets

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Trial attorney David Skidmore from Warner Norcross + Judd LLP’s Probate Litigation Practice Group, a subgroup of the firm’s Litigation and Dispute Resolution Practice Group, recently represented clients in a trial before the...more

Goulston & Storrs PC

Probate & Fiduciary Litigation Newsletter - October 2022

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Power of Attorney Did Not Provide Authority to Create a Trust on Behalf of the Elder Who Granted the Power of Attorney - Barbetti v. Stempniewicz, 490 Mass. 98 (Sup. Jud. Ct. June 28, 2022) Does a power of attorney...more

Proskauer Rose LLP

Wealth Management Update - February 2022

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February 2022 Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split-Interest Charitable Trusts....more

Farrell Fritz, P.C.

The Court of Appeals Takes a Look at an Undue Influence Claim from a Non-Jury Trial

Farrell Fritz, P.C. on

The COVID-19 pandemic has forced litigants to wrestle with the dilemma of waiting for a jury trial or moving forward more expeditiously by way of a bench trial.  Recently, the Appellate Division, Fourth Department, and the...more

Goulston & Storrs PC

Probate & Fiduciary Litigation Newsletter - December 2021

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Daughter with Power of Attorney Had Burden to Show No Undue Influence over Father - Coscia v. Sweezey, 2021 WL 4765696 (Mass App. Ct. October 13, 2021) - Does holding a power of attorney from a parent in declining...more

Goulston & Storrs PC

Probate & Fiduciary Litigation Newsletter - September & October 2021

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This newsletter is intended to keep readers informed about developments in probate and fiduciary litigation in Massachusetts and New York. Decedent’s New York Residence at Time of Death Does Not Create Jurisdiction in New...more

Conyers

It’s About Time: Bermuda’s Approach to the Rule against Perpetuities

Conyers on

Disapplying the perpetuity period of a trust can allow deceased settlors to extend their influence down many future generations, almost indefinitely. However, the hand of the deceased settlor can be seen as benign and...more

Gray Reed

Grandma Left the Money to Whom? Legal Options for Undue Influence and Changing of Wills

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In Texas, undue influence is generally described as such influence or dominion as to destroy the free agency of the testator, and substitute the Will of another in its place – compelling the maker of the Will to do that which...more

Farrell Fritz, P.C.

Wills, Trusts & Estates: Plain and Simple – Estates of the Rich and Famous

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Mishaps of celebrities in their estate planning can offer insight into what can happen when you neglect your estate planning. While interest in a band or song rights may not be a part of your family’s portfolio, business...more

Farrell Fritz, P.C.

Wills, Trusts & Estates: Plain and Simple – Will Power: Strange Will Provisions

Farrell Fritz, P.C. on

Time for some summer fun. You can make bequests in your Will and attach any contingency you would like. Whether the bequest or contingency will be able to be carried out, or withstand an objection by the beneficiary in the...more

Lewitt Hackman

When There is Only a Will There’s No Way You’re Avoiding Probate

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A common misconception is that when you die with a Will, your heirs avoid probate. In California when you die with a Will and the total assets owned in your sole name exceed $166,250, your estate goes through probate (a court...more

Lewitt Hackman

What Happens in California if You Do Not Have an Estate Plan at Your Death?

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With the coronavirus pandemic, many people have asked, “what happens if I die without an estate plan?” Without a properly prepared estate plan, California does your planning for you. ...more

Farrell Fritz, P.C.

Wills, Trusts & Estates: Plain and Simple – Estate Planning After Death: 20/20 Hindsight

Farrell Fritz, P.C. on

Yes, sometimes your estate plan can be changed AFTER you die to alter bequests made in Wills and Revocable Trusts. (For ease, “will” is used throughout this article.) This is done to change ownership of assets and/or to...more

Adler Pollock & Sheehan P.C.

Failure To Mention a Close Relative in Your Will

Adler Pollock & Sheehan P.C. on

Typically, you arrange to leave most of your assets to various family members, including your spouse and children. These dispositions are spelled out in your will. But you don’t have to do what’s “expected” of you....more

Adler Pollock & Sheehan P.C.

Insight on Estate Planning - February/March 2020: Digital assets and your estate plan - This asset type requires special planning

Adler Pollock & Sheehan P.C. on

The digital revolution has touched virtually every aspect of our lives. The result is that one likely has at least a handful of “digital assets.” These assets may include personal assets, such as online bank and brokerage...more

Goulston & Storrs PC

Probate & Fiduciary Litigation Newsletter – December 2019

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The Probate & Fiduciary Litigation Newsletter compiles recent Trust & Estate cases. Our lawyers are at the forefront of this area of the law, shaping how it is handled in the Probate and Family Court. Goulston & Storrs is the...more

Farrell Fritz, P.C.

Wills, Trusts & Estates: Plain And Simple - Should I Make All My Accounts Joint and/or Designate a Beneficiary on each? BEWARE!!

Farrell Fritz, P.C. on

Your friendly neighborhood branch banker suggests that you change all your accounts to either joint with your kids, or to name your kids as beneficiaries on all your accounts (a “pay on death” beneficiary designation). She...more

Farrell Fritz, P.C.

Joint Accounts – Who Gets the Account Upon Your Death?

Farrell Fritz, P.C. on

An account that is titled in your name and that of your child “with right of survivorship” passes to your child upon your death “by operation of law.” That is, your Will does not control the disposition of this account. When...more

Goulston & Storrs PC

Probate & Fiduciary Litigation Newsletter – August 2019

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The Probate & Fiduciary Litigation Newsletter compiles recent Trust & Estate cases. Our lawyers are at the forefront of this area of the law, shaping how it is handled in the Probate and Family Court. Goulston & Storrs is the...more

Goulston & Storrs PC

Probate & Fiduciary Litigation Newsletter – June 2019

Goulston & Storrs PC on

The Probate & Fiduciary Litigation Newsletter compiles recent Trust & Estate cases. Our lawyers are at the forefront of this area of the law, shaping how it is handled in the Probate and Family Court. Goulston & Storrs is the...more

Foodman CPAs & Advisors

Understanding a Personal Representative

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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

Farrell Fritz, P.C.

Wrongdoer Deprived of Elective Share

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Pursuant to the provisions of EPTL 5-1.1-A, every surviving spouse of a domiciliary decedent is entitled to a statutory right of election. The elective share statute is intended to provide a decedent’s surviving spouse with a...more

Farrell Fritz, P.C.

Testator Intent and In Terrorem Clauses

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My colleagues have written on the enforceability of in terrorem clauses, and the courts continue to confront challenges in reconciling the testator’s intent to impose an in terrorem condition with the rights of beneficiaries...more

Hogan Lovells

South Africa: What’s yours is mine and what’s mine is mine

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In Naidoo v Discovery Life Limited & others (202/20170) ZASCA 88 (31 May 2018) the Supreme Court of Appeal was faced with the main task of determining whether a risk-only policy with a beneficiary clause constitutes an asset...more

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