News & Analysis as of

Marriage Beneficiaries

Dickinson Wright

Ontario Court of Appeal Clarifies Limitation Periods for Loans, Gifts, and Estate Claims

Dickinson Wright on

The question of when a lawsuit can be commenced in Ontario seems pretty straightforward – in general, a plaintiff has two years from the date when the basis for a claim is (or should have been) discovered. It sounds simple...more

Lasher Holzapfel Sperry & Ebberson PLLC

Importance of Beneficiary Designations in Estate Planning

As a bit of background, there is a distinction between probate assets and non-probate assets. Probate assets are distributed according to your will during a probate administration whereas non-probate assets are distributed...more

Allen Barron, Inc.

Remarriage and a Blended Family - It's Time for a New or Updated Estate Plan

Allen Barron, Inc. on

Are you considering remarriage? Do you and/or your spouse have children from a previous marriage? If so, remarriage and a blended family are excellent reasons for a new or updated estate plan. Blended families are quickly...more

Fleurinord Law PLLC

The Importance of Estate Planning for LGBTQ+ Couples in Texas and Florida

Fleurinord Law PLLC on

The landscape of marriage in the United States has transformed significantly, particularly for same-sex couples, following pivotal legal battles that sought to recognize their right to marry. Understanding the nuances of...more

Fox Rothschild LLP

Perils of the 401K to IRA Rollover; Spouses Beware

Fox Rothschild LLP on

Earlier today I happened upon a really important article accenting the dangers of what often starts as an entirely innocent transaction. A site called the Street.com publishes a variety of articles about retirement and...more

Stark & Stark

The Crucial Importance of Updating Documents After Divorce

Stark & Stark on

Divorce can be a challenging and emotionally draining experience, leaving individuals with numerous legal and personal matters to resolve. Amidst all the turmoil, it is vital for people to understand the significance of...more

Kerr Russell

Recently Married? Consider These Steps To Protect Your Future

Kerr Russell on

In Michigan, the process for an individual to take their spouse’s last name is fairly simple, but does require taking action with both the Social Security Administration (SSA) and Michigan Secretary of State. The first...more

Winstead PC

Court Affirms Order Voiding Marriage Between Decedent And His Niece

Winstead PC on

In Allebach v. Gollub, the decedent had three children, and after he died, one of them filed a will contest and a claim that the decedent’s marriage to his second wife was void. No. 14-22-00272-CV, 2023 Tex. App. LEXIS 3469...more

Fox Rothschild LLP

Senator Feinstein Alleges that the Trust Meant to Protect Her Has Become “Untrustworthy.”

Fox Rothschild LLP on

Back on July 26 we wrote about how trusts have become a new territory within the divorce landscape. At the time the press was just starting to write about California Senator Diane Feinstein’s troubles with the trust her...more

Fox Rothschild LLP

Divorcing the Wealthy is Often a Matter of “Trusts”

Fox Rothschild LLP on

I received a call recently from a colleague looking to refer a client for a divorce. Our firm had done estate planning for the client and spouse, thus we were not eligible to represent either party in a marital break up as...more

Warner Norcross + Judd

Estate Planning for Blended Families

Warner Norcross + Judd on

Before you get remarried, you and your intended spouse should make a plan for the children and assets each of you are bringing to the marriage. Since you have already experienced a divorce from or the death of your former...more

Lasher Holzapfel Sperry & Ebberson PLLC

When Do I Need an Estate Plan?

One of the most common questions we receive in our Estate Planning practice is “when do I need a personalized estate plan?” While there are many factors to consider, you will want a personalized estate plan when there is a...more

Winstead PC

Trust Issues in Divorce Proceedings - Presentation - May 2023

Winstead PC on

David F. Johnson presented to the Tarrant County Probate Bar Association on May 4, 2023, on the topic of “Trust Issues in Divorce Proceedings.” This program discussed some of the many trust issues that arise in divorce...more

Adler Pollock & Sheehan P.C.

Estate Planning Pitfall: You Haven’t Coordinated Beneficiary Designations With Your Will

Perhaps you drafted your will years ago and it references many of your existing assets, including retirement plan accounts and life insurance policies. But you also have paperwork on file with the applicable financial...more

Adler Pollock & Sheehan P.C.

A Spouse’s Inheritance Rights Vary State by State

If you’re preparing to get remarried, your estate plan likely isn’t top of mind. However, depending on the state you live in, your spouse has property rights that apply regardless of the terms of your estate plan. These...more

Adler Pollock & Sheehan P.C.

Estate Planning Pitfall: You Haven’t Coordinated Your Estate Plan With Your Spouse

Estate planning can be complicated enough when you don’t have a spouse. But things can get even trickier for married couples. Although you and your spouse may have agreed on most major issues in the past — such as child...more

Chambliss, Bahner & Stophel, P.C.

Can a Marriage Be Annulled After One Spouse’s Death?

Marriage is supposed to be “until death do us part,” but after one spouse dies, is it possible for a court to declare a marriage invalid (annulled)? It can happen, as a Nebraska widower recently learned, but only in certain...more

Ruder Ware

Getting Started: Estate Planning for Young Families

Ruder Ware on

For many people, the first time they start thinking about an estate plan is when they start to have family members that depend on them financially – typically, a spouse or a child. Let’s take, for example, a young married...more

Farrell Fritz, P.C.

Wills, Trusts & Estates: Plain and Simple – Estate Planning for the Second Marriage: “Protecting” the Kids

Farrell Fritz, P.C. on

What is one of the things that kids from a first marriage worry about when their parent re-marries? The “evil” step-parent getting it all, of course. Many parents struggle with the problem of alleviating the fears of their...more

Burns & Levinson LLP

Estate Planning After Divorce

Burns & Levinson LLP on

Divorce attorneys saw a wave of divorces last year due to the changes in the tax laws that took effect on January 1, 2019. If you were one of the masses whose divorce was finalized in 2018, now is the time to revise your...more

Adler Pollock & Sheehan P.C.

Insight on Estate Planning - April/May 2019: A second walk down the aisle can complicate estate planning

An estate planning rule of thumb is to review (and, if necessary, revise) one’s estate plan in light of major life events. Such events include a marriage, birth of a child and a divorce. A second marriage also calls for an...more

Farrell Fritz, P.C.

Wrongdoer Deprived of Elective Share

Farrell Fritz, P.C. on

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

Hogan Lovells

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

Hogan Lovells on

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

Bowditch & Dewey

The Second Time Around: Estate Planning for Blended Families

Bowditch & Dewey on

Estate planning is about formalizing your intentions for what will happen when you pass away. For those in a second marriage with children from a prior relationship, it is even more important to spell out your intentions and...more

Smith Debnam Narron Drake Saintsing & Myers,...

How Does Remarriage Impact Wills and Inheritances?

Divorce and remarriage are common in the United States, and most legal professionals place these issues squarely within the family law realm. However, people who remarry should also carefully revisit their estate plan...more

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