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Beneficiaries Executors

Lerch, Early & Brewer

Ten Reasons Why You Should Prepare a Will

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Creating a last will and testament is the first step in creating an estate plan – a critical planning tool to ensure that your wishes are honored and that your loved ones are cared for after your death....more

Winstead PC

Court Affirmed The Removal Of An Executor For Gross Mismanagement

Winstead PC on

In Gordon v. Gordon, a couple created a revocable trust and named a friend, who provided financial advice, as successor trustee. No. 03-22-00454-CV, 2024 Tex. App. LEXIS 3611 (Tex. App.—Austin May 23, 2024, no pet. history)....more

Pullman & Comley, LLC

The Corporate Transparency Act and its Application to Estates and Trusts: Answers to Frequently Asked Questions

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The recently implemented Corporate Transparency Act (the “CTA”) requires that certain entities report information about themselves and their “beneficial ownership” to the Financial Crimes Enforcement Network of the United...more

Dunlap Bennett & Ludwig PLLC

Why You Need A Will In Washington State

The estate-planning process can be stressful and unpleasant. Many people put drafting a will off because they don’t want to think about leaving their loved ones behind. In some cases, people think they don’t need an estate...more

Goulston & Storrs PC

Following Formalities of Will Execution And Availability of Attorney Testimony Defeats Undue Influence Claims

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While undue influence claims are commonly asserted in probate proceedings, especially with the increased prevalence of dementia and similar disabilities, two recent cases from New York’s Appellate Division illustrate how...more

Lippes Mathias LLP

Maintaining Your Legacy: The Importance of Regularly Reviewing Your Estate Plan

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One of the most common questions raised by clients is: how often should I update my Will? The answer to this question must be examined on a case-by-case basis and is heavily dependent on each client’s ever-changing present...more

Lippes Mathias LLP

Considerations When Choosing Between a Trust vs. Will Estate Plan

Lippes Mathias LLP on

There are a number of considerations to make when deciding whether to proceed with a Will-based estate plan or a trust-based estate plan. First, as a general matter, there are two ways in which your estate can be distributed...more

Hendershot Cowart P.C.

Alternatives to Litigation in a Will Contest or Probate Dispute

When conflict arises in the settling of an estate – especially a high-net-worth estate – the parties involved may look to the courts to help resolve the dispute. Litigation is one way to settle probate disputes, but it is...more

Dunlap Bennett & Ludwig PLLC

Estate Planning: What You Should Consider

While many think that crafting an estate plan like a will or a trust is a relatively straightforward matter, numerous considerations go into making an effective estate plan to provide for your loved ones....more

Winstead PC

Texas Court Approves Accounting In An Estate Dispute

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In Many v. Ridgely, a decedent’s son and daughter were beneficiaries of her estate. No. 03-21-00520-CV, 2023 Tex. App. LEXIS 8189 (Tex. App.—Austin October 27, 2023, no pet. history)...more

Lippes Mathias LLP

Avoiding Probate in New York: Benefits of Planning Ahead

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What is the Probate Process in New York? Probate is the formal legal process that gives recognition to a will and appoints the executor or personal representative who will administer the estate and distribute the...more

Dunlap Bennett & Ludwig PLLC

Things To Consider When Creating An Estate Plan

When thinking of creating an estate plan, here are a few things to consider before finalizing your final wishes: Should you create a Will or a Trust? The essential difference between a will and a trust is that a...more

Downey Brand LLP

A Risky Game: Can An Estate Representative Be Their Own Lawyer?

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You’ve probably heard that “He who represents himself has a fool for a client,” an adage dating back to the 17th century and commonly attributed to Abraham Lincoln (but not by me – I first heard it on an episode of...more

Rivkin Radler LLP

Estate Planning After Death: 20/20 Hindsight

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Did you know that actions can be taken after you die (i.e., post-mortem) to achieve the best results possible for your testamentary plan? Some estate plans are intentionally structured to give your beneficiaries and your...more

Bowditch & Dewey

Estate Planning for Child-Free Adults

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DURING YOUR LIFE - When preparing your estate plan, it is of utmost importance to ensure that you have documents in place so your spouse or another trusted individual can make medical and financial decisions on your...more

Barnea Jaffa Lande & Co.

Amendments to the Israeli Succession Law

New amendments to the Israeli Succession Law came into effect recently. These amendments aim to alleviate the bureaucratic burden involved both in issuing probate orders or inheritance orders and in supervising estate...more

Lowenstein Sandler LLP

The Sad Tale of Hubby and Lovey: Preparing One’s Estate for the Possibility of Divorce

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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

Miles Mediation & Arbitration

Planning Your Estate? What to Ask Before You Name an Executor

Benjamin Franklin once said that nothing is certain except for death and taxes. For many people, the awareness of the first certainty spurs them to make an estate plan, which necessitates several important decisions. In...more

Winstead PC

Court Discusses Holding An Executor In Contempt For Commingling Property

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In In re Mittelsted, a trial court held a former executor in contempt for over twenty acts of commingling personal property with estate property and ordered that the executor pay over $200,000 to avoid contempt. No....more

Winstead PC

When One Is Not Enough: Dividing Fiduciary Powers and Dispositions - Presentation

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Winstead Shareholder David F. Johnson participated in a panel presentation entitled “When One Is Not Enough: Dividing Fiduciary Powers and Dispositions” for the State Bar of Texas’s 29th Advanced Estate Planning Strategies on...more

Conyers

Cayman Islands: In the Matter of The X Trust and The Y Trust – FSD 57 of 2022 (IKJ)

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Offshore Trust and Estate Litigation Update Series – Part I - Trust and estate disputes in both the Cayman Islands and the BVI, and claims against the actions of a trustee/executor or disputes related to an interested...more

Kohrman Jackson & Krantz LLP

When Should You Hire a Probate Attorney?

If probate is needed, the process usually begins soon after a loved one passes away. The probate process can be long, stressful, and expensive. Some family members are able to manage it on their own without an attorney, but...more

Conyers

Estate Administration in the British Virgin Islands: the Relevant Factors for the Removal of an Administrator or Executor

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The holding company of many corporate groups trading in Asia is frequently incorporated in an offshore financial centre such as the British Virgin Islands (“BVI”). It is therefore common for high-net-worth individuals...more

Dunlap Bennett & Ludwig PLLC

Conflicts Between Fiduciaries and Beneficiaries

When a person dies without a will, the person responsible for managing the estate is called an “administrator”. If the person died with a will, they would normally appoint somebody for this position, an “executor”. Both the...more

Downey Brand LLP

Judgments Should Name Fiduciaries in Their Representative Capacities

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When an administrator (or executor) of a California estate is named in a judgment, the attorney drafting the judgment must be careful. A person who acts in a representative capacity should be identified that way in the...more

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