Wills, Trusts, & Estate Planning Conflict of Laws

Read Wills, Trusts, & Estate Planning updates, articles, and legal commentary from leading lawyers and law firms:
News & Analysis as of

Thoughts on the Stored Communications Act, Federal Preemption and Supremacy, and State Laws on Fiduciary Access to Digital...

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

The trust decanting statutes: Nuisances that should be repealed.

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

State Law Cannot Reallocate Life Insurance Proceeds That Accrued To Named Beneficiary Under Federal Law

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

Supreme Court Holds Federal Law Preempts State Law Allowing Litigation Over Proceeds of Federal Life Insurance Policy

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

State Law Will Not Help Out In All Divorce Situations

Many states, including Florida, automatically terminate former spouses as beneficiaries under life insurance policies, annuities, and other beneficiary-designated accounts upon divorce....more

Federal Law That Provides Death Benefits Be Paid To Named Beneficiary Pre-empts State Law

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

Florida Medical Record Disclosure Law Preempted by HIPAA

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

ERISA Does Not Preempt State Court Order Requiring Beneficiary to Renounce Right to Employee’s Plan Benefits, Fourth Circuit Rules

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 - Herabsetzungsklage - Verjährungsfrist - Schweizerisches Bundesgericht, Urteil vom 22. März 2012, BGer 4A_458/2011, BGE...

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

When Statutes Of Limitations Conflict, Newer And More Specific Statute Takes Precedence Allowing Lawsuit To Proceed

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

BLG Monthly Update for June 2012

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

Ausländische Familienunterhaltsstiftungen

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

UPWords- May 2011- Prepaid Discount Vouchers: The Not-So-Final Frontier

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

German Tax Law: Estate Tax, Inheritance Tax, and Gift Tax in Germany

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

Probate and Inheritance in Germany

Introduction to German probate and inheritance law from an attorney licensed in Germany and the US (California)....more

Proper Charting For Advanced Directives

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

16 Results
|
View per page
Page: of 1

Follow Wills, Trusts, & Estate Planning Updates on: