Administrative Agency Wills, Trusts, & Estate Planning Civil Procedure

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Florida Court of Appeal Holds Insured’s Death Alone Does Not Trigger Unclaimed Property Law Obligations

In an opinion filed August 5, Florida’s First District Court of Appeal held that Florida’s unclaimed property law does not make life insurance proceeds due and payable at the time of the insured’s death and does not impose an...more

Standing to Seek Enforcement of Charitable Trusts

“It is the duty of the king, as parens patriae, to protect property devoted to charitable use; and that duty is executed by the officer who represents the crown for all forensic purposes.” Jackson v. Phillips, 96 Mass. (14...more

New Jersey Court Exceeded Its Authority in Determining Future Medicaid Eligibility

A recent New Jersey Appellate Division opinion determined the limits of a lower court’s jurisdiction with respect to deciding Medicaid eligibility. The Appellate Division in In re A.N., 430 N.J. Super. 235 (2013), found that...more

Municipal Pensions II: Do Survivors' Pensions Increase Whenever the Salary For the Position Does?

Our previews of the new civil cases granted review at the end of the Illinois Supreme Court’s November term continue with Hooker v. Retirement Fund of the Firemen's Annuity and Benefit Fund of Chicago,. Hooker poses the...more

No Early Appeal on the New Mexico Public Trust Climate Case

For those of you following the public trust climate litigation in New Mexico, Judge Sarah Singleton has now issued a written decision denying the state’s motion to dismiss the case. There is no discussion of the issues, but...more

Too Late (Part 2): Can Your Fees Request Wait?

Earlier today, we previewed Bjork v. O'Meara, a case about the perils of challenging a will too late. Now we preview a case about timing your claim for attorneys fees: Rodriquez v. Department of Financial and Professional...more

Wealth Management Update -- February 2012

In This Issue: - February Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts - IRS Issues Notice 2011-101 - IRS Issues Final Form 8938 -...more

Tax Topics - February 16, 2012

In This Issue: Settlment Offers: CIBC World Markets Inc. v. Her Majesty The Queen Requirement to Provide SIN/BN on T5 - 3 Volunteer Rewards Program - 3 New Smart Chart Added - 4 Recent Cases...more

Changes in Arizona’s Estate and Probate Law Statutes and Rules

During the past few months, approximately 47 statutes have changed or have been added to Arizona’s Probate Code, dealing with probate estates, guardianships, and conservatorships, taking effect on January 1, 2012....more

John Doe Summons Issued on Suspected California Tax Evaders

A federal court judge has granted permission for a John Doe summons requested by the IRS to be served on California’s Department of Equalization (DOE) seeking information on taxpayers who allegedly tried to evade taxes when...more

Suspect Expert Appraisal Risks Total Taxpayer Loss

Numerous tax consequences flow from the value of property. Principal examples include charitable contribution deductions, estate taxes, and gift taxes. Absent a contemporaneous sale of the subject property to unrelated...more

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