News & Analysis as of

Civil Procedure Wills, Trusts, & Estate Planning

Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:

Avoiding Beneficiary Befuddlement

by Bryan Cave on

Retirement plans are complicated creatures to administer so it perhaps is not surprising that the process of determining the beneficiary of a deceased participant can present its own set of challenges and, if things go awry,...more

How to Avoid Costly Beneficiary Designation Litigation – Helpful Hints for All Benefit Plans

by Foley & Lardner LLP on

When administering an employee benefits plan, it is critically important to provide clear and specific instructions as to how a participant can designate a beneficiary. A recent federal district court opinion in Florida...more

4 Business Cases to Follow in the Supreme Court’s Spring Term

by Bennett Jones LLP on

The Supreme Court of Canada’s spring term begins on April 18. This term has a lot of interesting criminal cases, but only a few that may be interesting to the business community...more

Subject access request compliance

by Dentons on

Following on from our article in last month's edition of the Employment Law Round-up there have been further developments in the field of data protection and, specifically, subject access requests....more

Court Denied Motion To Stay Enforcement of A Turnover Order Against Fiduciary

by Winstead PC on

In In the Estate of Gary, a trial court granted a motion to remove an administrator and later granted a turn over order regarding same. No. 07-16-00421-CV, 2017 Tex. App. LEXIS 1991 (Tex. App.—Amarillo March 8, 2017, no pet....more

Discretionary Trust Beneficiary Had No Standing to Challenge Adoption [Florida]

by Charles (Chuck) Rubin on

Since many estates and trusts define beneficiaries by description (e.g., “child” or “lineal descendant”) and it is a natural propensity for persons to gift or leave property to lineal descendants, the adoption of an...more

Recent Cases of Interest to Fiduciaries

by McGuireWoods LLP on

In the most recent installment of the McGuireWoods Fiduciary Advisory Services annual multipart series on recent fiduciary cases, developments in the law concerning various topics are examined through the following: -...more

Sometimes It’s Just a Question of Standing

by Farrell Fritz, P.C. on

A person’s standing to interpose objections to probate is governed by SCPA §1410, which provides that, - any person whose interest in property or in the estate of the testator would be adversely affected by the admission...more

T&E Litigation Newsletter- March 2017

by Goulston & Storrs PC on

This week has brought a much-anticipated decision by the Supreme Judicial Court regarding trust decanting, and the past month also brought the latest chapters in two cases that we reported on previously....more

Ferri v. Powell-Ferri

Ferri v. Powell-Ferri: A trust decanting decision that is less than meets the eyeMassachusetts

by Charles E. Rounds, Jr. on

The Supreme Court of Connecticut (SCC) certified three trust-decanting questions of law to the Supreme Judicial Court of Massachusetts (SJC) incident to a divorce proceeding. On March 20, 2017, the SJC rendered its answers to...more

UPDATE: Can an Intended (and Disappointed) Beneficiary Still Sue a Will’s Drafter?: The General Assembly of Virginia Enacts a...

by LeClairRyan on

Back in the summer I wrote a post discussing the impacts of the Thorsen decision by the Supreme Court of Virginia. In Thorsen, a testator wanted to leave her estate to a charity if her daughter did not survive her. The...more

When Life Imitates Art

– Will Caveats or “The Family Feud” Part 2 –  The North Carolina Court of Appeals continues to publish opinions in Will Caveat cases that could easily serve as a storyline from a daytime television series. One example...more

Chris Lazarini Provides Insight on Compelling Non-Signatories to Arbitrate Disputes

by Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini provided insight on a case in which a widow and one-time named beneficiary of her husband's IRA account acquired the account assets after her husband's death, although she was not...more

Quick and Easy Tax Strategies Sometimes Backfire as New Jersey Estate Learns

by Saul Ewing LLP on

From time to time, clients ask whether their estates will save on death taxes if they simply transfer title to their residence to family members while continuing to live in the residence until they die. We advise clients...more

Jury Trials in Surrogate’s Court Removal Proceedings

by Farrell Fritz, P.C. on

As parties prepare for trial before the Surrogate’s Court, a question that oftentimes arises is whether the parties have a right to a trial by jury. The right to a jury trial is anything but universal in Surrogate’s Court...more

Courts Hold That Multiple Probate Court Orders Were Not Appealable

by Winstead PC on

In The Management Trust of Norsworthy, the court reviewed a trustee’s accountings and petition for approval to enter into an agreement with the beneficiary’s wife to make regular distributions to her for certain recurring...more

A Deceased Can't Always Will What They Want

by Bennett Jones LLP on

There is a common misconception that the testator is free to leave their estate to anyone they choose. While this is largely true, certain family members who were left out or feel they were inadequately provided for under a...more

Please Release Me, Let Me Go: Court Affirms The Appointment Of A Receiver Over Ray Price’s Assets Pending A Contest

by Winstead PC on

In In re Estate of Price, Ray Price, a renowned country music singer and songwriter, died in 2013 and was survived by his wife and his biological son. No. 06-16-00062-CV, 2017 Tex. App. LEXIS 1265 (Tex. App.—Texarkana...more

Court Holds That A One-Line Will Should Have Been Admitted To Probate

by Winstead PC on

In In the Estate of Setser, the decedent signed a 1993 will naming his daughter as the sole beneficiary. No. 01-15-00855-CV, 2017 Tex. App. LEXIS 937 (Tex. App.—Houston [1st Dist.] February 2, 2017, no pet. history). Later,...more

T&E Litigation Newsletter - February 2017

by Goulston & Storrs PC on

Several recent decisions serve as a good reminder that it is not only the Probate and Family Court that addresses important T&E issues in Massachusetts. In the consolidated matters of Hanna et al. v. Williams et al.,...more

“Any and All” Doesn’t Preserve Any and All Estate Claims Post-Confirmation

by Robins Kaplan LLP on

The Bankruptcy Code permits Chapter 11 plans to provide for the reservation of any claims or interests that that belong to the debtor or the estate, allowing the plans to be confirmed prior to the final resolution of any and...more

Be Sure to Mind your Manners in Estate Litigation

by Bennett Jones LLP on

Miss Manners may just be worth listening to for those involved in wills and estate litigation. In fact, not doing so may be to your detriment given that poor conduct can cost you with the courts....more

Personal Liability of Executors for Tax Liabilities of the Estate Under the Federal Priority Statute, 31 U.S.C. 3713

This is an appeal of summary judgment by the personal representative (the “PR”) of an estate. The lower court found the PR to be personally liable under the federal priority statute, Section 3713, for tax liabilities due from...more

Wealth Management Update - February 2017

by Proskauer Rose LLP on

February Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts - The February § 7520 rate for use with estate planning techniques such as CRTs, CLTs, QPRTs...more

Statute of Limitations and Collections Process Against Executrix and Agent for Estate Tax Deficiency

United States v. Holmes - 2016 WL 4363398 (SD Tex. Aug. 16, 2016) Summary - Summary judgment was sought by both the taxpayers and the Government for an estate tax liability. The taxpayers contended that the...more

381 Results
|
View per page
Page: of 16
Cybersecurity

Follow Civil Procedure Updates on:

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.

Feedback? Tell us what you think of the new jdsupra.com!