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
Miami residents have a long history of escaping to cooler climates during the summer months. While the advent of central air conditioning has made regular visits to the north more of a luxury than a necessity, vacation homes...more
The U.S. Geological Survey has doubled its previous estimate of the amount of recoverable oil within the Williston Basin to 7.4 billion barrels. While the Bakken formation is still a star in the play, the potential of the...more
Most of the time, people are pleased to accept an inheritance. However, there are many reasons to not want the inheritance. For example, in small estates, you may receive a home that comes subject to a mortgage, and you...more
A bipartisan group of 11 legislators have proposed an overhaul of Maine’s tax system, including major changes to the individual and corporate income tax, property tax, sales tax, and estate tax. ...more
International buyers invested $82.5 billion in U.S. residential real estate (4.8% of total U.S. sales) according to the most recent survey conducted by the National Association of Realtors for the 12 month period ending with...more
Believe it or not, Arizona land owners are seeing a change in the real estate landscape, perhaps only a slight change, but a change nonetheless. While Arizona law has not changed, marketplace improvement has triggered the...more
That's not a simple question to answer, as you balance the benefits of a lower cost of living with the realities of a soft real estate market and the emotional aspects of selling the family home ...more
In In re Stockdale, the New Jersey Supreme Court addressed the availability of punitive damages in estate disputes involving undue influence claims. 196 N.J. 275 (2008). ...more
In This Issue: - Fiscal cliff deal brings some certainty to estate planning - Strong governance enhances a family business’s value - Should you donate life insurance to charity? - Estate Planning Pitfall -...more
The family cottage has become one of the most contentious assets in estate planning and litigation, probably as a result of the emotional bonds that are attached to it. Commonly, cottage owners wish to ensure that the cottage...more
Many people mistakenly believe they can transfer their home to their children while retaining the right to continue living in it for the rest of their life, and remove a substantial portion of the home’s value from their...more
In This Issue: - Ask Us - Tax Appeals - Parental Authority - At 18, "You Don't Rule Me" Rules - The Fiscal Cliff Showdown - What It Means To Your Real Estate Plan - Excerpt from Parental Authority - At 18, "You...more
Losing a spouse is a very difficult time for most people. Imagine how difficult it would then be to lose the house you shared to foreclosure. Banks are under legal obligation to help avoid foreclosure by using loan...more
This afternoon, the Illinois Supreme Court announced that it will file two new civil opinions on Friday morning: Poris v. Lake Holiday Property Owners Association, No. 113907 – (1) May a property association authorize...more
A recent case, the Estate of Wilson, 2012 WL 6216869 (1st Dist. 2012), illustrates generally why escrow holders should avoid giving advice to parties to an escrow on how to take title to real property...more
It has long been popular for high net-worth people who are not domiciled in the United Kingdom (“non-doms”) to form an offshore company, often in the British Virgin Islands (“BVI”), for the purposes of holding property in the...more
Using Reg. S is useful when the issuer does not want to be limited by the restrictions of Rule 506. With a Rule 506 offering all investors must be either accredited or sophisticated, and there is a limit of 35 non-accredited...more
On December 27, 2012, HR-4753 was signed into law by Michigan Gov. Rick Snyder....more
On December 14, 2012, House Bill 4753 was ordered enrolled by the Michigan legislature. As discussed in our earlier blog, "Proposed Legislation to Prevent Cottage Uncapping - A Benefit to Cottage Owners? Or a Curse in...more
A number of years ago the SEC effectively banned the use of finders to locate investors for securities offerings that cross state lines. Still, a few states allow finders for their intrastate offerings (offerings made...more
In This Issue: - The Innovative Design Protection Act: Bound for Success or Doomed to Fail? - Strategic Licensing Considerations - New Faces - Points from the President - Think Again Before Walking Away from...more
No Form 3520-A has ever been completely and correctly filed for a real estate fideicomiso: Revenue Ruling 92-105 established in 1992 that a real estate fideicomiso is not a trust for U.S. federal tax purposes. ...more
Maryland homeowners eligible for the Maryland Homestead Property Tax Credit need to file a one-time application by December 31st with the State in order to continue to take advantage of this benefit. The Maryland Homestead...more
In This Issue: - November Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts - Keller v. United States, 5th Cir., No. 10-41311 (09/25/12) -...more
Although it takes more time and effort than other types of offerings, a California qualification by permit (25113) offering has major advantages in terms of allowing public advertising and having low investor requirements. ...more
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