News & Analysis as of

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 -
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...

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

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?

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 In re Sherrod Estate, No 369863, 2025 WL 855275 (Mich Ct App Mar 18, 2025) (unpublished) and In re Estate of...more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

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

Jaburg Wilk

Why an Estate Plan is as Essential as Sunscreen

Jaburg Wilk on

In Arizona, spring is when the sun shines brightly, and the temperatures are perfect for enjoying outdoor activities. As much as we love the spring warmth, it is important to remember that with all that sunshine comes the...more

Fleurinord Law PLLC

Real Housewives of Potomac Star Gizelle Bryant Contests Father’s Will: What Texas Law Says About Undue Influence and Testamentary...

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A Civil Rights Legacy, a Contested Will, and Questions of Capacity - Gizelle Bryant, one of the stars of the Real Housewives of Potomac, is currently embroiled in a legal dispute that touches on deep family ties, a civil...more

The Estate Lawyers

The Importance of Formal Communications When Amending Trusts

The Estate Lawyers on

A recent appellate case serves as a valuable lesson for both estate planners and beneficiaries about adhering to formal procedures when making changes to a trust. The court found that the mere exchange of emails was...more

The Estate Lawyers

Four Estate Planning Lessons from the Deaths of Gene Hackman and Betsy Arakawa

The Estate Lawyers on

The recent passing of legendary actor Gene Hackman, 95, and his wife, Betsy Arakawa, 65, within days of each other in their Santa Fe, New Mexico, home underscores the importance of contingency planning and other factors in...more

The Estate Lawyers

More Primary Residences Will Soon Be Eligible to Bypass the Full Probate Process in California

The Estate Lawyers on

California’s Assembly Bill 2016 – which goes into effect April 1 – introduces significant positive changes to the probate process, particularly for primary residences. The law raises the value threshold for primary residences...more

Allen Barron, Inc.

Create a New Trust or Update an Existing Estate Plan

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If you wish to create a new trust or update an existing estate plan, you will need skill and expertise across many disciplines: tax, estate planning, and legal services. Look for a service provider who can seamlessly...more

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

Parsing the Uniform Trust Code in Isolation Without Regard to the Uniform Probate Code and the Uniform Powers of Appointment Act...

Intro. The Uniform Trust Code (UTC) is a mere aggregation of tweaks to the corner of equity jurisprudence that long ago gave birth to and currently stewards the trust relationship, hereinafter “the background trust law.”...more

Foley & Lardner LLP

Benefits Basics - When an Employee Dies: A Resource Guide for HR & Benefits Professionals

Foley & Lardner LLP on

As a member of your company’s human resources or employee benefits department, one of the most difficult calls you may receive is from a colleague or an employee’s family member notifying you of the death of an employee. This...more

Allen Barron, Inc.

Estate Planning for Pets in San Diego and Throughout California

Allen Barron, Inc. on

What do you need to know about estate planning for pets in San Diego and throughout California? What are some of the essential elements of an effective estate plan that will protect your beloved companion(s) while ensuring...more

Downey Brand LLP

Gambling, Racehorses, and Protecting Your Loved Ones from Testamentary Fraud: They Have More in Common Than You Think

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A question for you: do you have an estate plan? Of course you do, everyone needs an estate plan. Second question: who is(are) the beneficiary(ies) of your estate plan? Someone you love and trust, I presume. Perhaps a spouse,...more

Offit Kurman

How to Have "The Talk" About Estate Planning with Your Parents

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Estate planning is one of the most important conversations you’ll ever have with your parents. Discussing wills, trusts, and end-of-life wishes can feel uncomfortable, but having a clear plan in place can save your family...more

Stark & Stark

The Omitted Spouse Claim Against an Estate

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Despite an intention to add a spouse or domestic partner to their Will, at times a decedent may neglect to do so prior to his/her death. Under such circumstances, however, a surviving spouse or domestic partner may be...more

Rivkin Radler LLP

Don’t Leave Your Final Wishes Open to Interpretation

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The media is filled with stories of deceased celebrities whose final wishes were either unknown or the subject of dispute. An important lesson: You can retain control of your finances after incapacity and remain in control of...more

Offit Kurman

Not Discussing Collections with Heirs

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A collection may hold deep personal significance for a client but may not carry the same sentimental or financial value for their heirs. It is essential to encourage clients to have open conversations with their heirs, as...more

Foster Swift Collins & Smith

Protecting Same-Sex Marriage Assets in Michigan If Obergefell is Ever Overturned

When the Supreme Court made its landmark decision in Obergefell v. Hodges in 2015, same-sex couples across the country gained the right to marry. But with recent shifts in the legal landscape, such as the overturning of Roe...more

Offit Kurman

Safeguarding Your Israeli Apartment with Proper Estate Planning

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For many families, owning an apartment in Israel – whether as a second home or a cherished holiday retreat – is a lifelong dream. The journey from selecting the right property, navigating the purchase process, and turning a...more

Best Best & Krieger LLP

Living Trusts and Residential Real Estate, Concerns After Wildfires

If you have established a living trust and own real estate, you were likely advised to transfer the real estate to your trust. A living trust may also be known as a “revocable trust,” “inter vivos trust,” or “family trust.”...more

Rivkin Radler LLP

Frank Fritz’ Will is ‘Picked’ for a Will Contest

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Frank Fritz, star of the History Channel show “American Pickers,” suffered a stroke, became incapacitated, and died on September 30, 2024, at age 60. Before he passed away, his friend, Chris Davis, became his legal guardian....more

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