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As of the date of this posting, seven states have recently passed laws and at least eighteen other states are considering new laws granting fiduciary access to an incapacitated or deceased person’s online accounts and other...more
Inherent in a trustee’s discretionary authority to make a distribution of trust property outright and free of trust to a permissible beneficiary of the trust may well be the authority to distribute the property instead to...more
The Supreme Court recently held that federal law pre-empts state law that attempts to reallocate proceeds accruing to the designated beneficiary of a federal life insurance policy. Hillman v. Maretta, 133 S. Ct. 1943 (2013)...more
Recently, in Hillman v. Maretta, the Supreme Court of the United States affirmed a Virginia Supreme Court ruling that held that federal law preempts a state law that allowed a deceased federal employee’s spouse to sue a...more
Many states, including Florida, automatically terminate former spouses as beneficiaries under life insurance policies, annuities, and other beneficiary-designated accounts upon divorce....more
In Hillman v. Maretta (--- S.Ct. ----, U.S.Va., June 3, 2013), the United States Supreme Court considered whether a state law that provides death benefits from an insurance policy be paid to a current spouse, even if a prior...more
The U.S. Court of Appeals for the 11th Circuit recently ruled that a Florida law requiring nursing homes to disclose patient records of deceased patients was preempted by the Health Insurance Portability and Accountability...more
The scenario is not difficult to imagine: An employee designates her spouse as the primary beneficiary under her employer’s life insurance and retirement benefit plans. Years later, the couple divorces, and in the marital...more
Erbrecht – Niederlassungs- und Konsularvertrag vom 22. Juli 1868 zwischen der Schweiz und Italien. Professio iuris. Herabsetzungsklage. Verjährungsfrist.
Bundesgericht, I. Zivilabteilung, Urteil vom 22. März 2012 i.S. A. SA...more
In Allen v. Stoddard (--- Cal.Rptr.3d ----, Cal.App. 4 Dist., January 9, 2013), a California Court of Appeal considered how to resolve a conflict between two statutes that provide for different time periods during which a...more
Bad prison food, compensation for sex on the job and neat contracts cases: all this and more in the BLG Monthly Update for June 2012!...more
Mit Urteil vom 29. Oktober 2009 hat das schweizerische Bundesgericht entschieden, dass das Verbot der Errichtung von Familienfideikommissen nach Art. 335 Abs. 2 ZGB keine sog. «loi d’application immédiate» im Sinne von Art....more
The biggest challenge for unclaimed property practitioners is determining how new forms of property fit into unclaimed property laws. Recent technological and entrepreneurial innovations continue to challenge historic...more
Information on estate tax and inheritance tax in Germany. Calculate your tax liability if you inherit money or property in Germany. Easy to follow explanation in English from a German lawyer in the United States....more
Introduction to German probate and inheritance law from an attorney licensed in Germany and the US (California)....more
This article covers the importance of Advanced Directives. This is one of the single most important decisions that one can make during their life as it effects the way you want to be taken care of if you or a loved are faced...more
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