News & Analysis as of

Personal Property

J.S. Held

The Essential Role of Qualified Personal Property Appraisers in Estate and Donation Valuations

J.S. Held on

When purchasing an expensive engagement ring, one would not seek the expertise of a real estate agent. Similarly, when an estate requires an appraisal, it is crucial to engage the appropriate expert for high value personal...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

Nossaman LLP

New Court Guidance on Rights to Use Captured Water/Percolating Groundwater

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On March 14, 2025, the Court of Appeal for California’s Fifth Appellate District issued its decision in Sandton Agriculture Investments III v. 4-S Ranch Partners, 2025 S.O.S. 659. That case provided guidance on ownership of...more

Stotler Hayes Group, LLC

Lien on Me – How an Attorney Can Help Secure Your Debt

Too often creditors are faced with accounts that are seemingly uncollectable. If the debtor had money on hand to pay, presumably they would not have incurred the debt at all, right? Especially in the realm of medical debt,...more

Hudson Cook, LLP

Vehicle Titles in the Age of the Internet

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Unlike most items of personal property, a motor vehicle usually has a certificate of title. We all know that the point of a vehicle title is to show who owns the vehicle and who (if anyone) has a lien on it....more

Kilpatrick

3 Key Takeaways | Update on Chicagoland Local Taxes

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Kilpatrick’s Samantha Breslow, a partner focusing her practice on state and local tax matters, recently presented to the Illinois State Bar Association on Chicagoland local taxes, including the Chicago Personal Property Lease...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...

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

Chambliss, Bahner & Stophel, P.C.

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

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

Buchalter

Help – I Just Lost My Home and/or Business Due to the Los Angeles Wildfires: Steps to Help Recover Your Insurance Benefits

Buchalter on

After experiencing devastation from this disaster, here is a short checklist of what you should do to help you recover all the benefits available to you under your insurance policies....more

Dechert LLP

Droit Social | Sélection de jurisprudence – France | Second semestre 2024

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Cette newsletter présente quatre décisions de jurisprudence rendues au cours des derniers mois: L’employeur peut utiliser le contenu de clés USB personnelles pour prouver une faute grave (Cass. soc., 25 septembre 2024,...more

Dechert LLP

Employment Case Law Selection - France | Second Semester of 2024

Dechert LLP on

This newsletter presents four case law decisions handed down over the past few months: The employer can use the content of personal USB drives to prove gross misconduct (Cass. soc., September 25, 2024, No. 23-13.992)...more

Fox Rothschild LLP

The New Year’s Resolution Divorce – 2025 Edition

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For many divorce attorneys, the busy season starts after the first of the year. Since practically the inception of this blog, I have posted on the phenomenon of the New Year’s Resolution Divorce. For whatever reason, this...more

Lasher Holzapfel Sperry & Ebberson PLLC

How to Reach an Agreement in Divorce: Practical Steps for a Less Contentious Process

Divorce is often an emotionally charged and challenging experience. Beyond the personal heartbreak that may be involved, the legal and financial aspects can feel overwhelming. One of the most difficult tasks in the divorce...more

Bowditch & Dewey

Massachusetts Estate Tax and Out-of-State Property

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As part of the Supplemental Budget that was passed on September 16, 2024, changes were made to the calculation of the Massachusetts estate tax for the estates of decedents who, at the time of death, owned real estate or...more

BakerHostetler

Victory for Tornado Cash as Court Rules Sanctions Were Unlawful

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On November 26, 2024, in a three-judge panel decision, Van Loon v. U.S. Department of the Treasury, the United States Court of Appeals for the Fifth Circuit (Court) reversed a Texas district court and held that immutable...more

Lasher Holzapfel Sperry & Ebberson PLLC

Prenuptial vs. Postnuptial Agreements: What’s the Difference Between These Two Types of Agreements, and Which One is Right For Me?

It is becoming increasingly more common for modern couples, either before or during their marriage, to execute a written legal contract with the goal of protecting the separate interests of either partner in case of divorce,...more

Foster Swift Collins & Smith

Turning Lead into Gold: The Legal Chemistry of Converting a Separate Business into a Marital Asset

While we as attorneys may have personal relationships with our clients, we generally advise them in a professional capacity and maintain our focus on business. When a client is getting divorced, business and personal concerns...more

Conn Kavanaugh

Prenuptial Primer

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Many people associate the word “prenup” with celebrities or the rich and famous, and it’s possible that the only time a person has heard anything about prenuptial agreements is in music or the movies. The truth is that anyone...more

Bowditch & Dewey

Love and Personal Property – Who Keeps the Ring? (Part Two!)

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As a follow up to my previous blog post on the $70,000 engagement ring, the Supreme Judicial Court has now joined the majority of states by ruling in Johnson v. Settino that the engagement ring must be returned if the wedding...more

Saiber LLC

Your Personal Belongings: What Happens to Your Tangible Personal Property After You Pass

Saiber LLC on

Assets with significant monetary value like real estate, stocks, and retirement accounts are the key points most people consider when creating an estate plan. But what about your possessions?...more

Haynsworth Sinkler Boyd, P.A.

New law provides for the ability to place a “Transfer on Death” designation on titled personal property

In South Carolina, there's a new law that lets you add a "Transfer on Death" (TOD) designation to the title of personal property like cars, boats, or mobile homes. This means you can name someone to automatically receive the...more

Weber Gallagher Simpson Stapleton Fires &...

Flea Market Flip

I start this blog post with a confession. I am a collector. I collect all sorts of things, vintage wristwatches, fountain pens, 1940’s Hall refrigerator ware, vinyl records, and probably a few other things I can’t think of...more

Pullman & Comley, LLC

Common Questions About the Automatic Orders in Divorce

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When you are going through a divorce, one of the first documents you will review (and if you have not, you should) are the automatic orders that accompany any complaint. ...more

Bowditch & Dewey

Love and Personal Property – Who Keeps the Ring?

Bowditch & Dewey on

Who keeps the engagement ring when the knot is never tied? A new answer to this age-old question may be coming to Massachusetts as the Supreme Judicial Court considers the case of Johnson v. Settino. The engagement ring at...more

DarrowEverett LLP

The Effect of Choice of Law Provisions in Prenuptial Agreements

DarrowEverett LLP on

When wedding bells are ringing, the last thing most couples want to think about is the possibility of death or divorce. However, for those entering long-term relationships or preparing for marriage, prenuptial agreements can...more

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