Next Generation Legacy Management - The Essence of Developing, Managing and Implementing a Plan for Future Generations
Once Removed Episode 13: It’s 5 o’Clock: Do You Know Where Your Will Is? A Lesson From Aretha Franklin
Authorization for Final Disposition
Digital Planning Podcast Episode: Family Office Technology Solutions
Digital Planning Podcast Episode: The Uniform Electronic Estate Planning Documents Act
What is a self-proving affidavit?
The Importance of Beneficiary Designations
The Renoir Spelling Bee
Basics of Estate Planning
The Case of the Laughing Heirs
Protecting Your Estate Plan from Challenges: No-Contest Clause Explained
The Secret Child
Welcome to 'Splitting Heirs'
Interview with Cody Barbo - Digital Planning Podcast
An Executor’s Guide to Administering an Estate
Estate Planning 101: The Five Most Important Clauses for Wills and Trusts
Interview with Lisa Grayson - Digital Planning Podcast
The State of Digital Assets
Global Evolution of Electronic Wills and COVID-19
Everything You Need to Know About Beneficiary Designations
When a loved one dies, the last thing you want to deal with is a lawsuit, or have your heirs inherit a lawsuit. After the death of a maternal or paternal figure that keeps the family together, tensions flare between siblings...more
In my practice, I am fortunate to serve clients in developing tailored estate plans as well as administering the estates of recently deceased loved ones. This dual perspective exposes some common pitfalls that can undermine...more
This update will address the following issues: whether a party has a right to jury trial in trust modification and other similar actions, what are the standards for pretrial receivership and injunctive relief in trust...more
No, according to In re Estate of Elze D. Harris, Docket No. 362364 (September 28, 2023). In Estate of Harris, the decedent’s three children were embroiled in litigation over who should control their deceased father’s...more
Many people default to nominating a spouse or a child as personal representative of their estate or trustee of their trust, if they have one. However, when one has neither a spouse nor a child, who should one choose to fill...more
Any estate planning professional will tell you everyone should have an estate plan. But we also understand that the whole process can feel a bit daunting—finding an estate planning attorney, getting organized, making...more
If you had to say where your will is located right now, could you? Despite the importance of that document, many clients are not sure where the original is located. In this episode, Steve discusses the case of Aretha...more
There are a few standard questions I almost always get when people find out that I work in probate litigation. “Do people call you right away when their relatives die?” “Isn’t that tough to deal with, emotionally?” And most...more
In this episode of “Splitting Heirs” host Warren K. Racusin of Lowenstein’s Trusts & Estates practice is joined by Jeffrey J. Wild, Lowenstein partner and litigator whose practice focuses on fiduciary issues; the Honorable...more
Estate planning has a language of its own. While you may be familiar with common terms such as a will, a trust or an executor, you may not be as certain about others. For quick reference, here’s a glossary of terms you’re...more
David F. Johnson participated in a panel presentation entitled “The Baby-Boomer Generation & The Largest Succession of Wealth in History: The New Frontier in Asset Recovery?” for the Offshore Alert Miami Conference on April...more
SECURE 2.0 provides a boost to your retirement and estate plans - The SECURE 2.0 Act of 2022 (SECURE 2.0) expands on the changes made by the Setting Every Community Up for Retirement Enhancement Act of 2019 (SECURE Act)....more
Elvis Has Left the Building - In 1977, when Elvis Presley died (to put a complicated situation very simply), his estate and any future royalties generated by his intellectual property, including his music, passed into a...more
Picture this: your great aunt has died and left you and your brother each one million dollars, her entire estate, in a will. Great, right? Now imagine that your brother never appreciated your great aunt during her lifetime,...more
It is a common misconception that if a person has a will, there will be no need for court proceedings upon their death. In Massachusetts, however, a will must always be admitted to probate, a process requiring various forms...more
Picture this: your family has a longstanding rumor that you are the child of an affair. Not only that, but it is an open secret who your family believes your other parent is. One day, you hear that the possible other parent...more
Occasionally, you may receive conflicting advice from two people – both people you trust, both skilled in their fields. How do you decide what to do?...more
Many of us have fond memories of visiting our grandparents at their summer property, whether at a beach house on Cape Cod or in the middle of the woods in the Berkshires. But what happens to this property once your...more
When a loved one passes away and their estate plan is revealed for the first time, it is common to experience varied emotions, including curiosity, disappointment, and anger. Depending on the beneficial interests or fiduciary...more
You’ve received an inheritance: Now what? If you’ve received, or will soon receive, a significant inheritance, it may be tempting to view it as “found money” that can be spent freely. But unless your current financial plan...more
All of us go through periods of transition. Things change, for better and for worse, and every transition is an opportunity to take a fresh look at where we are, what we have done, and where we want to be....more
Estate planning can be confusing for many. It can be daunting to contemplate your own demise, but there are many reasons it is important to have an estate plan. An estate plan can prevent placing a larger burden on your...more
Typically, when couples put together an estate plan, they do so jointly with a single attorney representing both spouses. It is more cost-efficient, allows for open discussion with all parties, and ensures there are no...more
Losing a parent is difficult. Beyond managing your personal and emotional wellbeing, you may need to settle their affairs and handle certain administrative tasks. But what do you do if your parent left everything to their...more
People handle grief differently and sometimes how a person handles the death of a loved one can be both confusing and also extremely frustrating - fighting over little things like, who gets the table and the chairs, for...more