Wills, Trusts, & Estate Planning, Family Law

Estate Planning Alert: New Civil Marriage Law Could Increase Income Tax Costs, May Offer Estate Tax Benefits

by Michelle Rehbein, Shane Swanson | Leonard, Street and Deinard on 5/22/2013

On May 14, 2013, Governor Dayton signed a bill modifying Minnesota Statutes Sections 517 and 518. The bill enacts changes in Minnesota's marriage law, effective August 1, 2013....more

Gray Divorce: Retirement Accounts and Estate Planning

by Andrea Dunbar | Burns & Levinson LLP on 5/14/2013

DIVIDING RETIREMENT ACCOUNTS - There are important differences associated with dividing retirement plans that are already in pay status and those that are not. Some people divorcing later in life are already retired,...more

Wills, Trusts and Estates Newsletter - May 2013

by Lauren K. Keenan, Lori Murphy | Bean, Kinney & Korman, PC on 5/7/2013

In This Issue: - Estate Planning for Families - The Benefits of Appointing a Standby Guardian - Meet Our Attorneys - Ronald A. Feuerstein - Excerpt from The Benefits of Appointing A Standby...more

Ontario Budget 2013 – More Pension Reform to Come

by Lesha Van Der Bij | Osler, Hoskin & Harcourt LLP on 5/3/2013

In today’s budget, the Ontario government announced that it is continuing with its pension reform agenda, but it is not all “old news”. Perhaps of most interest to employers and plan administrators will be the government’s...more

The Benefits Of Appointing A Standby Guardian

by Lauren K. Keenan | Bean, Kinney & Korman, PC on 5/3/2013

One of the most common reasons parents plan their estate is to ensure their children are properly provided for and will continue to be cared for in the event that either or both parents pass away. Naming a guardian to care...more

Unresolved Emotional Conflicts Drive Post-Death Disputes

by Jeffrey Merriam-Rehwald | Ervin Cohen & Jessup LLP on 5/2/2013

No family is perfect. And while all litigation is emotional, our experience is that almost all trust and estate litigation is driven by underlying emotional disputes among family members. And death, like divorce, can open...more

The New Paradigm: Spousal Access Trusts As A Tax Planning And Asset Protection Tool

by Christina Scola | Adler Pollock & Sheehan P.C. on 4/4/2013

At the end of 2012 with the uncertainty of what was to happen to the gift and estate tax laws, many practitioners counseled their clients to create spousal access trusts (SAT). Although the uncertainties in the tax laws for...more

Love Is Lost - And So Is Your Inheritance - Divorce Really Ends Things

by Deirdre R. Wheatley-Liss | Fein, Such, Kahn & Shepard, P.C. on 4/3/2013

A common plan among our married clients is to leave their property to their spouse, either outright or in trust - oft-referred to as the “I Love You” Will....more

Carrigan Case: Supreme Court of Canada Dismisses Leave to Appeal

by Douglas Rienzo | Osler, Hoskin & Harcourt LLP on 3/29/2013

This morning, the Supreme Court of Canada dismissed the application for leave to appeal in Carrigan v. Carrigan Estate. As a result, the Ontario Court of Appeal’s new interpretation of the priority scheme for the payment of...more

Five Tips for the Newly Divorced

by Law Offices of Adrian H. Altshuler &... on 3/20/2013

If you are newly divorced, you’re probably overwhelmed with all of the changes going on in your life. Step back, take a deep breath, and develop a plan to secure your future....more

Is Inherited Property Subject To Equitable Distribution In Florida?

by The Byrd Law Firm, P.A. on 3/18/2013

On June 31, 2012, Prince William turned 30 and came into a $15.5 million inheritance from his late mother, Princess Diana’s, estate. Although that kind of inheritance doesn’t happen every day, many people do inherit...more

B.C.’s New Family Law Act and Division of Pension Rules Now in Force

by Lawson Lundell LLP on 3/18/2013

The new Family Law Act (“FLA”) came into force today, March 18, 2013. It replaces and repeals the Family Relations Act (“FRA”). The FLA carries forward the basic structure established under the FRA, with some fine tuning to...more

Long Time Separation Does Not Equal Divorce

by Angela Bohmann | Leonard, Street and Deinard - Employee... on 3/14/2013

Most employers know that a married participant in a qualified retirement plan must name a spouse as beneficiary for at least a portion of the benefit unless the spouse signs a notarized written consent or the spouse cannot be...more

Are Charitable Deductions Dead?

by InKnowVision on 3/5/2013

In talking with a number of tax professionals, there seems to be a lack of consensus about how much the new law will actually reduce charitable deductions and other itemized deductions like those for state income tax, real...more

When Should I Call a Lawyer?

by Crider Law PC on 3/4/2013

You don’t need a lawyer for everything, but there are a few times in life when hiring a lawyer is a necessity....more

Your Child’s Marriage and Rewriting Your Will

by Michele Bowman | Lawyers.com on 2/18/2013

If Valentine’s Day results in the announcement of an engagement for one of your children, lawyers say it’s time to start thinking about how your own legal affairs are structured. And while you’re at it, you may need to...more

Estate Planning Considerations: Documentation and Peace of Mind

by Baker, Donelson, Bearman, Caldwell &... on 2/11/2013

With the introduction of the American Taxpayer Relief Act of 2012 (Act), the world of estate planning has been injected with a dose of certainty after more than 10 years of uncertainty as to federal estate, gift and...more

Wills, Trusts and Estates Newsletter - February 2013

by Lauren K. Keenan, Jonathan Kinney, Lori Murphy | Bean, Kinney & Korman, PC on 2/11/2013

In This Issue: - How to Protect Your Assets as a Business Owner - Separated But Not Divorced: Don’t Wait to Update Your Estate Plan - Tales from the Cliff: Estate Planning Policy for 2013 and Beyond -...more

The Estate Tax Consequences of the Defense of Marriage Act for Same-Sex Couples

by Niles, Barton & Wilmer, LLP on 2/8/2013

As of January 1, 2013, the Civil Marriage Protection Act legalized same-sex marriage in the State of Maryland. From the estate-planning perspective, the passage of this law clarified many points that had been problematic for...more

Drafter Of A Will Who Is Related By Marriage To The Transferor At The Time Of The Drafting, But Not At The Time Of Death, May Be A...

by Linda M. Monje | Kronick, Moskovitz, Tiedemann & Girard on 2/5/2013

In Estate of Lira (--- Cal.Rptr.3d ----, Cal.App. 2 Dist., December 26, 2012), a California court of appeal considered whether statute allows an attorney who was related by marriage at the time of the drafting of a will, but...more