Wills, Trusts, & Estate Planning Residential Real Estate Family Law

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Whether the trust relationship should be fundamentally transmogrified into a juristic entity/person

In re Estate of Fournier, 902 A.2d 852 (Me. 2006) illustrates how a fundamental conversion of the trust relationship by legislation or otherwise into a juristic entity/person might well limit the trust’s practical...more

The Effect of Obergefell v. Hodges for Same-Sex Couples

issued on the second-to-last decision day of the term, and provides that same-sex couples have had a constitutional right to marry since at least the passage of the Fourteenth Amendment. This ruling may come as a surprise to...more

The Obergefell Decision and Property Considerations for Married Same-Sex Couples

In Obergefell v. Hodges, the United States Supreme Court, in a 5-4 opinion, determined that prohibitions on same-sex marriage are an unconstitutional infringement of Fourteenth Amendment rights. This decision throws the doors...more

Trust Law’s Material Purpose Doctrine, the Traditional Protector of Settlor-Intent is Under Attack: The TEDRA Factor

In recent years, reformers of trust law have been hard at work defanging the plain meaning rule, primarily by liberalizing the doctrines of reformation and deviation. The rule is discussed generally in §8.15.6 of Loring and...more

Titling Property & Same-Sex Couples in Kentucky

With the U.S. Supreme Court poised to hear the case that could decide the fate of same-sex marriage bans once and for all, legal ground in that area is now uncertain territory. Currently, however, Kentucky does not recognize...more

Report From Counsel: Insights and Developments in the Law - Fall 2014

In this Report: - Homeowners’ Insurance: The Devil Resides in the Details - “Cybersmear” Lawsuits - Age Discrimination in Employment - The Marital Deduction: A Valuable Estate Planning...more

Insight on Estate Planning - August/September 2014

In This Issue: - Unintended consequences: After divorce, review your estate plan to avoid surprises - Protecting your real estate assets - How will the GST tax affect your estate plan? - Estate...more

CFPB Clarifies Heirs, Divorcees and Estate Planning Transferees Are Not Subject to Ability-to-Repay Rules

The CFPB issued an interpretive rule to clarify that when a borrower dies, the name of the borrower’s heir generally may be added to the mortgage without triggering the Bureau’s Ability-to-Repay rule. This clarification will...more

Gift tax Consequences of Real Estate Transfers

Often times, one partner in a same-sex couple owns real property and seeks to add the other partner to the title or deed for no consideration (i.e. when no money or other type of payment is received in return). Though this...more

What Are the House Ownership Options When Parents and Adult Children Live Together?

Increasingly, several generations of American families are living together. According to a Pew Research Center analysis of U.S. Census data, more than 50 million Americans, or almost 17 percent of the population, live in...more

How Domestic Partners Can Hold Title to Property in Arizona

In today’s world, fewer marriages exist and more people are cohabitating in committed relationships for various reasons. Arizona’s community property laws do not apply to the ownership of real property between...more

Minnesota's Marriage Equality Act: What You Need to Know

On May 14, 2013, Governor Dayton signed into law legislation revising the definition of "marriage" in Minnesota to include same-sex marriage. The law becomes effective August 1, 2013....more

A Cautionary Tale On Holding Title: Marriage License Does Not Override Domestic Partnership Agreement

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

Next Conférence: "Les acteurs-clés des investissements immobiliers transfrontaliers"

AIJA/ ABA Seminar/ Key Players in Cross-Border Real Estate Investments: La conférence réunissant des experts internationaux, "Les acteurs-clés des investissements immobiliers transfrontaliers",...more

Legal Sense with James Andrews

Attorney James R. Andrews II is the host of Legal Sense with James Andrews. James was born in East Orange, New Jersey. He graduated from high school in Whippany, New Jersey and then attended the University of Virginia where...more

Never Let The Objection Be About Price

When someone talks about price it’s the best BUYING Signal you can ask for. Evenif it is a price objection, the prospect has made that mental leap and thought about owning what you have to sell. The request for the...more

Why you need to review your estate plan after your divorce.

If you are like most people who are getting divorced, or who have just gone through divorce, you no longer want your ex-spouse to be the beneficiary of your estate or to put your child(ren)in a position to be disinherited if...more

What Spouses Are Good For In 2011 And 2012

Lots of things, obviously! In context of tax and business, a number of specific items (not exhaustive), including: a. Creditor protection via the special protections afforded by property held jointly as tenants by the...more

Turbervilles Private Client Newsletter - Winter 2011

Welcome to our Winter Newsletter. In this edition, we report on why people are starting to record their internet and computer passwords in their wills. A woman injured while having her hair coloured in a salon is...more

Wealth Management Update -- September 2011

IN THIS ISSUE: - IRS issues Notice 2011-76 Modifying Filing Due Date for Form 8939 and Automatic Extension Rule for Form 706 for Decedents Dying in 2010 - September Interest Rates for GRATs, Sales to Defective...more

Asset Protection and The Title To Your Home - Common Mistakes

A good part of the American dream and the largest single asset many people own is their home. Whether shelter or showpiece, the sanctuary it provides and the investment we make in our homes is among the largest in the...more

Turbervilles Private Client Newsletter - Autumn 2011

Welcome to our autumn newsletter. In this edition, we are pleased to tell you about how Turbervilles has been awarded the Law Society’s prestigious Conveyancing Quality Mark, meaning that the high standards of our...more

Real Estate, Oil & Gas and Estate Planning: Oil & Gas Fundamentals For Family Law Practitioners

In This Presentation: Typical Documents To Be Reviewed: Deed; Mineral Deed; Mineral Reservation; Royalty; Lease; Seismic Permit; and, Pipeline Right-of-way. Who owns the minerals: Title Opinion; Title Insurance;...more

Turbervilles Private Client Newsletter - Summer 2011

Welcome to our Summer Private Client Newsletter. In this edition, we see why divorcing couples must consider mediation before being allowed to go to court. There’s a warning from the Ombudsman that people should...more

Homestead Waiver Imputed To Warranty Deed [Florida]

The Florida Constitution prohibits a decedent from devising his or her homestead to third parties if the decedent is surviving by a spouse at death. When there are no surviving lineal descendants of the decedent, the...more

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