Law Brief: Alexis Gruttadauria and Rich Schoenstein Discuss Why You Need an Estate Plan
The Court of Appeals of New York answers the question of whether a plaintiff may bring a claim under Judiciary Law § 487 in a plenary action. Urias v. Daniel P. Buttafuoco & Assoc., PLLC, 41 NY3d 560, 563 (2024)....more
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
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
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
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
The Connecticut Parentage Act has introduced a new way for people to become legal parents in the state. A de facto parentage petition can now establish the same legal relationship between a child and the individual as its...more
Unintended consequences often occur without proper estate planning. This is common when minor children receive an inheritance. Since minors cannot possess assets directly, the inheritance must be held on behalf of the minor...more
In the UAE, custody of children following the divorce of Muslim parents is governed by Federal Law No. 28/2005 on Personal Status Law. A common concern for fathers is whether they can obtain custody after their ex-wives...more
Mental illness in the United States is more common than most people may think. More than one in five U.S. adults live with a mental illness and one in six U.S. youth aged 6 to 17 experience a mental health disorder each year....more
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
The Prudent Investor Rule is a legal principal that requires fiduciaries to act in the best interests of a beneficiary and exercise reasonable care, skill, and caution when making investment decisions, which was codified in...more
In a legal malpractice action arising out of revisions to a client's estate plan, the appellate court considered whether an attorney has a duty to evaluate a client's mental capacity and, if so, whether the plaintiff alleged...more
As the chair of the Elder Law Practice Group, I see a lot of issues that the firm’s clients encounter in their personal lives. As we begin the new year, I thought it appropriate to write about the areas of our practice that...more
U.S. Eleventh Circuit Court of Appeals - USA v. Alhindi - mootness, competency - Florida Supreme Court - Tallahassee - No decisions this week...more
As of December 18, 2024, The Pennsylvania Supreme Court has approved new guardianship rules, effective immediately. These changes include revisions to procedural requirements, updates to forms and new rules for guardianship...more
Court-appointed guardianship is a critical legal process designed to protect individuals who are unable to make decisions for themselves due to incapacity or disability. In Pennsylvania, this system operates under specific...more
In the aftermath of Hurricane Florence in 2018, I wrote this article to help individuals and families navigate the legal and financial issues that often follow a devastating storm. I remember the incredible outpouring of...more
A complete estate plan includes essential documents such as a Health Care Proxy, Living Will, Power of Attorney, and Last Will & Testament, which are vital in protecting your medical, legal, and financial decisions. These...more
In Bass v. Bogle, settlors, husband and wife, created a trust that owned the majority interest in a closely-held business, and they had two children. No. 03-23-00319-CV, 2024 Tex. App. LEXIS 5034 (Tex. App.—Austin July 18,...more
In the realm of estate planning, many people are familiar with the traditional will as a means of distributing assets after death. However, the inclusion of a revocable trust (also known as a living trust), which offers a...more
Wendy Williams, the famous talk show host, has long been a media fixture, but in recent years, her name has been associated with a highly publicized guardianship battle. This case underscores the importance of estate planning...more
Pennsylvania guardianship rules and processes are subject to significant changes through the enactment of Act 61 of 2023 (Senate Bill 506; PN 843). This legislation, which updates the legal framework surrounding...more
Celebrities like Jay Leno and Emma Hemming Willis (married to Bruce Willis) are speaking out about their experiences with guardianship and caregiving. If you are caring for a family member with dementia too, a time will...more
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
As an attorney and a father of two special needs children, I uniquely understand the necessity of becoming a legal guardian for my children as soon as they reach eighteen years of age. Many individuals, however, may not...more