Read Wills, Trusts, & Estate Planning updates, articles, and legal commentary from leading lawyers and law firms:
Widow Foreclosure Catch-22
The 2010 Tax Relief Act and your estate plan
Are your estate planning documents protecting your assets?
Same-Sex Marriage Cases in 90 Seconds
Should you Opt-Out of the Voluntary Disclosure Program?
Death and Foreign Asset Disclosure. What you don't know can cost you…a lot
Safeguard Your MVA: Devising a Business Succession Plan that will Preserve your Most Valuable Asset
Planning for Your Social Media Accounts When You Die
Divorce can be costly, especially when it reveals undisclosed foreign assets.
Fein, Such, Kahn, & Shepard: Estate Planning
Estate Planning: Wills, Trusts, & Power of Attorney in Arizona - Putting Family First
Foreign Asset Disclosure Program
The Basics of the Fiscal Cliff Deal & Why the Lack of Sunset Provisions Is Important
This article discusses the use of private placement products - private placement deferred variable annuities (PPVA) and private placement life insurance (PPLI)- in post mortem income tax and transfer tax...more
A common estate planning mistake is to designate a minor as beneficiary — or contingent beneficiary — of a life insurance policy or retirement plan. This brief article discusses why it’s better to designate one or more trusts...more
High net worth and income taxpayers find themselves in a world of hurt following tax reform at the end of 2012. The top marginal bracket for taxpayers with more than $400,000 (single and $450,000 married)...more
In a case of first impression, the Illinois Appellate Court considered whether a professional liability insurer can deny a defense to its insured, an attorney who admits he erred in providing legal services. Ill. State Bar...more
Life insurance policies can be great vehicles for income tax deferral. Part of this arises from the fact that earnings growth that occurs inside the policy is not subject to current income tax (and may never be taxed if the...more
Certain life insurance, such as whole life, carries a cash value with the policy. The premiums you pay each month go towards a certain amount of coverage for your beneficiaries when you die. In addition, a certain portion of...more
Recently, the Michigan Court of Appeals affirmed summary judgment in favor of a defendant insurance company seeking to dispose of a challenge to an electronic signature executed by a policyholder. Zulkiewski v. Am. Gen. Life...more
The acceptance of electronic signatures in commercial transactions has become so commonplace that disputes about their use are relatively few. A Michigan appeals court recently considered the validity of an electronic...more
Originally published in Journal Of Taxation Of Investments - Summer 2012.
Although no one can predict what Congress will do at any point, it is quite likely we will see higher income tax rates in the near future, along...more
In a memorandum opinion issued in Principal Life Insurance Company v. Lawrence Rucker 2007 Insurance Trust on June 26, 2012, a federal district court applied the Delaware Supreme Court’s holding in PHL Variable Life Insurance...more
While China’s aging population rapidly grows in recent years, combining with raising expanse for living, more and more people are concerning about their retirement fund—how they can support themselves on medical expenses and...more
It seems that the insurance companies really boggled it when it came to pricing out long term care insurance policies. Long term care policies have been hit by a triple whammy - historically low interest rates, policy holders...more
Judge Virginia Phillips of the United States District Court, Central District of California, granted summary judgment to USAA Life Insurance Company, finding that Dr. Marshall Salkin made material misrepresentations regarding...more
United States Court of Appeals for the Seventh Circuit
In National Production Workers Union Ins. Trust v. Cigna Corp., ___ F.3d ___, 2011 WL 6880650 (7th Cir. (Ill.) Dec. 30, 2011), the U.S. Court of Appeals for the...more
Recently, the Supreme Court of Delaware issued two rulings regarding life settlements that have attracted media and life settlement industry attention. The Delaware high court ruled in both cases that under Delaware state...more
The U.S. District Court for the Southern District of New York recently ruled on the parties’ motions for summary judgment in Settlement Funding, LLC v. AXA Equitable Life Ins. Co., No. 09 CV 8685 (HB) (S.D.N.Y. Sept. 29,...more
Inside This Issue:
2 Landowner considerations when negotiating wind energy leases
3 Avoiding pitfalls associated with crop insurance
3 DOL issues rule change for workers on farms
4 Do you need to update your estate...more
On Jan. 1, 2010, Illinois is joining more than 20 other states that have passed laws that prohibit texting while driving.
So why is this important to your business or estate plan? In two words: Asset Protection. If you or...more
Doctors recommend periodic checkups. Cars need regular exams. Is there a similar “checkup” for legal matters? Yes, a “legal checkup,” which is often called “preventive law.” Getting a legal checkup can keep you in good legal...more
A spouse may not sue an insurer for individual tort claims under a health insurance policy issued to his deceased wife. Refusing to create a new tort under California law, California’s Fourth Appellate District in The Mega...more
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