John Wick - What You Need To Know about the Corporate Transparency Act
Once Removed Episode 24: Expressing Goals and Intent for the Trust
Once Removed Episode 23: Naming Guardians for Minor Children
Once Removed Episode 22: Building Flexibility into the Estate Plan
Once Removed Episode 20: Helping a Beneficiary Purchase a Home
Life After Love Gone Wrong Podcast: Season 3, Episode 6 - Reshaping Your Legacy: Estate Planning After Your Divorce
Charitable Planning With Guest Stephanie Hood: Navigating Complex Rules and Traps for the Unwary
A Primer On Trusts - A Podcast with Janathan Allen
Once Removed Episode 13: It’s 5 o’Clock: Do You Know Where Your Will Is? A Lesson From Aretha Franklin
Once Removed Episode 12: SLATs and the Case of McKim vs. McKim
Once Removed Episode 11: Spousal Lifetime Access Trusts, or SLATs
Digital Planning Podcast Episode: Family Office Technology Solutions
Digital Planning Podcast Episode: The Uniform Electronic Estate Planning Documents Act
What is a self-proving affidavit?
The Importance of Beneficiary Designations
Taking the Sting Out of Death Taxes with Dylan Metzner, Jones & Keller
Basics of Estate Planning
The Case of the Disappearing Trust
Protecting Your Estate Plan from Challenges: No-Contest Clause Explained
The Secret Child
Married couples often have wills naming one another as their primary beneficiary. People also often name their spouse as beneficiary of retirement accounts and life insurance policies. Upon commencing a divorce action,...more
As a bit of background, there is a distinction between probate assets and non-probate assets. Probate assets are distributed according to your will during a probate administration whereas non-probate assets are distributed...more
Gray divorce, or divorce among older adults, is becoming increasingly common. This demographic trend reflects societal changes, including reduced stigma around divorce and increased financial independence for women. However,...more
If something happens to you, would you want your ex or soon-to-be-ex to have the right to make decisions on your behalf? If your answer is no, then stop everything you’re doing and listen to this episode. Melissa...more
In Reece Trust v. Reece, a husband created a trust for his wife, and they then began divorce proceedings. No. 22CA1393, 2023 COA 89, 2023 Colo. App. LEXIS 1456 (Colo. App. September 28, 2023)....more
Divorce can be a challenging and emotionally draining experience, leaving individuals with numerous legal and personal matters to resolve. Amidst all the turmoil, it is vital for people to understand the significance of...more
When I first read the precedential ruling of the Pennsylvania Superior Court in Shell v. Shell, I really didn’t find it noteworthy enough to write about. This is a case where a spouse discovered that her husband was moving...more
The answer to this question is: it depends. In general, all assets in either party’s name or in which either party has a beneficial interest at the time of the divorce are subject to division in the overall division of...more
In this episode of “Splitting Heirs,” Warren K. Racusin, partner and Chair of Lowenstein’s Trusts & Estates practice, speaks with Sharon L. Klein, EVP, President - Family Wealth, Eastern U.S. Region & Head of National Divorce...more
I received a call recently from a colleague looking to refer a client for a divorce. Our firm had done estate planning for the client and spouse, thus we were not eligible to represent either party in a marital break up as...more
One of the most common questions we receive in our Estate Planning practice is “when do I need a personalized estate plan?” While there are many factors to consider, you will want a personalized estate plan when there is a...more
Steve Murphy, chair of the private wealth services group, dives deeper into the subject of SLATs in this episode. SLATs can work well with estate tax benefits and creditor protection benefits, all while giving the spouse...more
David F. Johnson presented to the Tarrant County Probate Bar Association on May 4, 2023, on the topic of “Trust Issues in Divorce Proceedings.” This program discussed some of the many trust issues that arise in divorce...more
This newsletter is intended to keep readers informed about developments in probate and fiduciary litigation in Massachusetts and New York. ...more
Perhaps you drafted your will years ago and it references many of your existing assets, including retirement plan accounts and life insurance policies. But you also have paperwork on file with the applicable financial...more
It is highly likely that if you’re going through a divorce, your estate plan is going to be the last thing on your mind. However, this is an imperative time to make sure you have the necessary documents in place to protect...more
Beneficiary designations are a critical component of the estate planning process that often is not given proper attention. Beneficiary designations exist as part of certain financial and other asset ownership...more
After a party completes their divorce, there are often many things that they need to do to finalize matters. However, one item that many overlook is changing their beneficiary designations after divorce to remove their...more
Forgive the title but this is written amidst the Eagles-Vikings game and on the same date as Queen Elizabeth’s funeral. Commentators noted that the Queen’s final event was more than a generation in the planning and was...more
Margot and Tony Wendice seem to have it all – they are young, beautiful, and in love. However, much like pyrite, not everything that glitters is gold. Before their marriage, Tony was a successful tennis player. It...more
As an attorney who prepares comprehensive estate plans and administers wills and trusts after death, I see questions arise at all phases as to who beneficiaries of accounts are and who they should be in a comprehensive estate...more
When you’re in the throes of a separation or divorce, it is easy to forget the importance of updating your will and your estate plan. With so much happening in the here and now, things like beneficiary designations and...more
David F. Johnson presented “Trust Issues In Divorce Proceedings” on November 17, 2021. This presentation covered trust issues that arise in divorce disputes, such as spouses creating an irrevocable trust, fraud claims to void...more
In the early stages of this blog, I reviewed and discussed several ways that we could “Learn from Famous Mistakes,” such as failing to update an estate plan post-divorce and dying while in the midst of divorce proceedings....more
So you’ve received an inheritance and you’re married. The person who left you the inheritance probably intended for it to benefit you, not your spouse, if you get divorced. How do you protect the inheritance?...more