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Estate Planning › Probate

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 -
Carey Olsen

Cayman Islands: in pursuit of robust and efficient justice

Carey Olsen on

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

Winstead PC

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

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

Warner Norcross + Judd

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

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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

Foster Swift Collins & Smith

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

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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

Kohrman Jackson & Krantz LLP

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

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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

Warner Norcross + Judd

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

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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

Offit Kurman

Two Wills That Revoke Each Other

Offit Kurman on

Welcome to Lost in Translation: Blunders in International Estate Planning; in this blog series, I will delve into the rarified world of international estate planning, shedding light on possible pitfalls and slip-ups. Blunder...more

Offit Kurman

Inheritance Rights of Domestic Partners: A Comparison Between New York and New Jersey Laws

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Domestic partnerships are legal arrangements between two individuals that grant some of the same rights and benefits as marriage. While domestic partnerships are recognized in many states, inheritance rights can differ...more

Conn Kavanaugh

Five Reasons to Review and Update your Estate Plan (at least) Every Five Years

Conn Kavanaugh on

You’ve signed your estate plan – congratulations! The most important step is complete. But the next most important step with respect to your estate planning is yet to come. That step is to review your plan as time passes....more

Allen Barron, Inc.

Passing a Business or Wealth to Your Children

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A well-structured trust is often a central estate planning tool for small businesses and closely held family business owners when passing a business or wealth to your children. This includes heirs, beneficiaries, and future...more

Offit Kurman

Not Maintaining an Up-to-Date Inventory of Art and Collectibles for Estate Planning

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A well-organized inventory is essential for effectively managing and planning the distribution of collectibles, including art. Clients may struggle to track their assets without an inventory, making future distribution and...more

Rivkin Radler LLP

Starting a Difficult but Important Discussion

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Looking for a way to stop family arguments over politics? Well, who isn’t. A quick way to derail a familial political scuffle: Quietly announce that you want to talk about your will. The silence should be automatic. It’s...more

Downey Brand LLP

So What is a Trust, Really? Newell v. Superior Court and the Worst Party Game Ever

Downey Brand LLP on

Hey everybody – it’s January! How was your New Year’s Eve? How did you celebrate? Did you go to a party? Did you host a party? Were there games at your party? What kind of games? Charades? Jenga?  Maybe you went crazy and...more

Charles E. Rounds, Jr. - Suffolk University...

Due to scrivener negligence, the dispositive provisions of a trust fail to reflect the deceased settlor’s wishes: Can it be that...

Charles E. Rounds, Jr. - Suffolk University... on

Assume the deceased settlor of a trust had intended that his niece be included in the beneficiary class, but his estate-planning attorney had negligently made no provision for her in the governing instrument. After settlor’s...more

Warner Norcross + Judd

Can Undue Influence be Proven Without a Direct Eyewitness?

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A recent decision of the Michigan Court of Appeals illustrates how the presumption of undue influence operates in a will contest when there is no eyewitness evidence of undue influence. In re Jones Estate, 2024 WL 5198621...more

Cohen Seglias Pallas Greenhall & Furman PC

[Webinar] Guarding Your Legacy: What Celebrity Estate Disputes Can Teach Us - February 4th, 12:00 pm - 1:00 pm ET

Cohen Seglias Pallas Greenhall & Furman PC on

Celebrity estate disputes often make for dramatic headlines, but the legal challenges they reveal can resonate far beyond the rich and famous. Join Whitney O’Reilly, chair of our Trust & Estates Group, for an insightful...more

Offit Kurman

Ethical Wills: The Heart of Your Estate Plan

Offit Kurman on

When most people think of estate planning, Trusts and Last Wills and Testaments usually come to mind. I have spent my career espousing the essential tools for ensuring an efficient transfer of assets from one generation to...more

Lewitt Hackman

How do the Los Angeles Wildfires Affect Estate Plans?

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The devastating wildfires in Los Angeles and surrounding areas serve as a stark reminder of how unpredictable life can be. Beyond the immediate physical and emotional tolls, these disasters can have long-term implications for...more

Lowndes

Start 2025 Right: Update Your Estate Plan with a Preneed Guardianship Designation

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It is the start of a new year which means that it is a great time to update or refresh your estate plan. In Florida, planning for the future is a crucial step to ensure that your wishes are honored, and your loved ones are...more

Schwabe, Williamson & Wyatt PC

Fostering Harmony in Your Estate Plan

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Planning for your own incapacity or death can be a stressful experience, not just for yourself, but for anyone who will be affected by the plan. Here are some considerations that may preserve the peace within your family, now...more

Chambliss, Bahner & Stophel, P.C.

Who Gets the Iron Skillet? A Solution for Avoiding Family Conflict

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The Chambliss estate planning team often helps families navigate the complexities of administering a loved one’s estate. Challenges can arise in addressing the personal property in the estate...more

Keating Muething & Klekamp PLL

5 Considerations for Personal Estate Planning in 2025

Keating Muething & Klekamp PLL on

Each new year offers a chance to step back, recalibrate, and plan for the year ahead. Individuals and businesses alike should take the time to ask and answer some simple questions to ensure their estate and business...more

Adler Pollock & Sheehan P.C.

Managing Your Residuary Estate

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Even with a comprehensive estate plan, it’s likely you’ll have some assets in a residuary estate. Like the sediment at the bottom of your glass after you finish a fine wine, an estate plan may also leave some residue....more

Winstead PC

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

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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

Bowditch & Dewey

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

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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

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