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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 -
Farrell Fritz, P.C.

Invalidating Legal Documents and Transactions in Article 81 Guardianship Proceedings

Farrell Fritz, P.C. on

Much has been written about courts invalidating instruments or transactions after a person’s death. Courts invalidating instruments or transactions during a person’s lifetime is discussed less often. A mechanism for doing so...more

Fleurinord Law PLLC

From Purple Reign to Probate Pain: Lessons from Prince’s $156 Million Estate Planning Mistake

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The Purple Reign… in Chaos: Netflix, Secrets, and the Fight Over Prince's Legacy...more

Ward and Smith, P.A.

Why Wait? – Estate Planning for Young Families

Ward and Smith, P.A. on

Especially in the beginning stages of building a family, legal documentation is not often top of mind. However, for young families, establishing a comprehensive estate plan is an important and proactive step toward...more

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

Liability of Trust Beneficiary Who Litigates Vexatiously or Participates in a Breach of Trust

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

The Restatement (Third) of Trusts, specifically §104, lists four general areas in which the beneficiary’s actions may lead to an assumption of internal liability to the trust estate: (1) A loan or advance to the beneficiary...more

Weintraub Tobin

Navigating Business Interests as a Fiduciary in California

Weintraub Tobin on

Administering a trust or probate estate is challenging enough—but what happens when you, as a private professional fiduciary, are tasked with managing a business interest? Whether you’re a professional trustee, conservator,...more

Winstead PC

Court Affirmed Summary Judgment Order Finding That A Will Should Be Set Aside For Undue Influence

Winstead PC on

In Monariti v. Monariti, a will contestant filed a motion for summary judgment, alleging that the will should be set aside due to undue influence. No. 14-23-00062-CV, 2024 Tex. App. LEXIS 6476 (Tex. App.—Houston [14th Dist.]...more

Winstead PC

Court Held That Non-Attorney Executor Could Not Appeal An Order

Winstead PC on

In Suday v. Suday, a trial court denied an executrix’s challenge to its jurisdiction with regard to her mother’s estate. No. 04-23-00836-CV, 2024 Tex. App. LEXIS 6953 (Tex. App.—San Antonio September 25, 2024, pet. filed)....more

Adler Pollock & Sheehan P.C.

Can Your Will Be Contested? A No-Contest Clause Can Cause Beneficiaries to Think Twice

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Your will is meant to ensure that your final wishes are honored. However, it can sometimes be contested, potentially leading to lengthy legal battles and financial disputes among your heirs. Understanding when and why a will...more

Kohrman Jackson & Krantz LLP

No Direction: What Liam Payne’s Estate Teaches Us About Dying Without a Will

Kohrman Jackson & Krantz LLP on

Liam Payne’s sudden and tragic death shocked the world—but what followed should concern anyone without an estate plan. Despite a $32 million fortune, the former One Direction star left no will, leaving behind a young son, an...more

Stark & Stark

Contesting a Will in Pennsylvania: The Legal Process

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In Pennsylvania, contesting a will is a serious legal action that should not be taken lightly. It can be emotionally challenging, especially if you believe that the last will and testament will not reflect the true intentions...more

Stark & Stark

Litigation Concerning an Executor’s Accounting

Stark & Stark on

As discussed in a previous blog, prior to an executor making distributions from an estate he/she must produce an accounting which the beneficiaries of an estate are entitled to review. Provided that the accounting is...more

Fleurinord Law PLLC

What Gene Hackman’s Estate Teaches Us About Simultaneous Death, Survivorship Clauses, and Charitable Planning

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A Hollywood Legend’s Final Act: A Lesson in Estate Planning - The world recently bid farewell to legendary actor Gene Hackman, who passed away on February 18, 2025, at the age of 95. Just six days earlier, his wife, Betsy...more

Adler Pollock & Sheehan P.C.

Newly Married? Young Parents? Start Your Estate Plan Now

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Estate planning is not a task that often comes to mind for those who are newlyweds or those parents who are in the midst of raising young children. Either you’re still enjoying the post-wedding excitement and promise of a new...more

Farella Braun + Martel LLP

Mamma Mia!: Common Estate Planning Issues for Blended Families

Farella Braun + Martel LLP on

Welcome to The Verdict: Estate Planning Through Film. I'm Hons Yung, and today I’m joined by Farella Senior Associate Taylor Porter to discuss the movie Mamma Mia! With ABBA's blend of pop, rock, and disco setting the tone,...more

Buckingham, Doolittle & Burroughs, LLC

How to Prepare for the $84 Trillion Inheritance Boom

Buckingham, Doolittle & Burroughs, LLC on

The United States is on the brink of the largest transition of wealth in its history, known as the “Great Wealth Transfer.” By 2045, an estimated $84 trillion in assets will be transferred from baby-boomers to their heirs. In...more

Winstead PC

Court Reversed Order Holding That A Will Had Been Revoked Where There Was No Present Intent To Do So

Winstead PC on

In In re Estate of Wright, decedent’s son appealed an order finding that his mother died intestate. No. 13-23-00043-CV, 2024 Tex. App. LEXIS 8078 (Tex. App.—Corpus Christi November 21, 2024, no pet. history)....more

Stark & Stark

Addressing Issues with an Accounting by an Executor of an Estate

Stark & Stark on

Prior to the distribution of an estate by an executor to its beneficiaries, an executor must prepare an accounting which outlines the assets of an estate, its liabilities, and the expenses paid by an estate prior to actual...more

Goulston & Storrs PC

Executor Nominated by Decedent Deemed Unfit to Serve

Goulston & Storrs PC on

When is the executor nominated by the decedent in a will deemed unfit to serve as executor? Rarely – but a recent decision in Surrogates Court set forth the standard and deemed the nominated executor in that case unfit to...more

The Estate Lawyers

Estate Law Update: Millions More California Homes Eligible to Bypass Full Probate Process

The Estate Lawyers on

Before shifting my practice from estate planning to estate litigation, I witnessed up close the challenges and frustrations associated with the California probate process. That has changed for many Californians. Assembly Bill...more

Winstead PC

Court Dismissed An Appeal From A Probate Court Order Due To A Lack Of Jurisdiction

Winstead PC on

In In re Estate of Carr, the court of appeals dismissed an appeal from a probate court order due to a lack of jurisdiction. No. 04-23-00287-CV, 2024 Tex. App. LEXIS 7827 (Tex. App.—San Antonio November 6, 2024, no pet....more

Falcon Rappaport & Berkman LLP

Foreclosure Process Clarification: No Pre-Foreclosure Notice Required to be Served on Appointed Estate Fiduciary for Deceased...

Falcon Rappaport & Berkman LLP on

In a significant legal victory for lenders, the Supreme Court of New York recently ruled in favor of our lender client in a residential foreclosure action against the estate of its borrower. This decision confirms that...more

Kohrman Jackson & Krantz LLP

What Gene Hackman’s Estate Reveals About Proper Estate Planning

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The recent death of legendary actor, Gene Hackman, age 95, and his wife Betsy Arakawa, age 65, has brought attention to the complexities surrounding their estate and illustrates the need for proper estate planning. At his...more

Warner Norcross + Judd

What Type of Facts Support a “Confidential or Fiduciary Relationship” Determination to Trigger the Presumption of Undue Influence?

Warner Norcross + Judd on

Two recent Michigan Court of Appeals cases delve into what it takes to successfully pursue an undue influence claim. In re Sherrod Estate, No 369863, 2025 WL 855275 (Mich Ct App Mar 18, 2025) (unpublished) and In re Estate of...more

Offit Kurman

Trustee's Standing in Estate Distribution: A Legal Analysis of Estate of Barry Tarlow

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In a groundbreaking decision that could reshape the landscape of California estate law, the Court of Appeal in the Second District Division Four has ruled in favor of trustee David Henry Simon, affirming his right to seek a...more

Schwabe, Williamson & Wyatt PC

Estate Plan Maintenance

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Having a fantastic estate plan does not mean much if you do not take steps to implement and maintain it. Just like your car, your estate plan requires maintenance. We have a few tips to help you keep your estate plan up to...more

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