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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
The period after a spouse passes away is an emotional time of mourning. However, there are a handful of estate planning adjustments that you should make to protect your estate under the new conditions....more
On April 20, 2024, New York State adopted legislation that allows for so-called transfer-on-death (TOD) deeds as part of its Fiscal Year 2025 Executive Budget. The TOD Deed Law, which takes effect on July 19, 2024, will be...more
Today on “Splitting Heirs,” host Warren Racusin speaks with Molefi McIntosh and Mavis Gragg about the “heirs’ property problem--” or what happens to real estate when it is passed down within families without benefit of a...more
Despite the Trusts (Jersey) Law 1984 ("Trusts Law") expressly providing against the rule against perpetuities currently applying in Jersey, the Royal Court has found the rule to form part of the underlying fabric of Jersey...more
Let's be honest. Legal documents are not written in anyone's love language. On Valentines Day, we undoubtedly would prefer to exchange thoughtful presents, enjoy an intimate meal with our significant other, or blush at the...more
One of the most common questions we hear from our clients is “do I need a revocable living trust?” While in some states a revocable living trust is a vital component of any estate plan due to those state’s probate laws,...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
Back on July 26 we wrote about how trusts have become a new territory within the divorce landscape. At the time the press was just starting to write about California Senator Diane Feinstein’s troubles with the trust her...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
I am often asked about the difference between wills and revocable trusts, so I thought it important to explain the purpose of each. Wills and revocable trusts basically do the same thing – each is a document in which you...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
Charities sometimes spar over entitlement to bequests and other planned gifts. Occasionally, their disagreements become epic legal battles that span many years. In Breathe Southern California v. American Lung Association...more
Margaret Schlegel and Ruth Wilcox bond over Christmas shopping, their shared attachment to their respective childhood homes and familial loyalty. Ruth enchants Margaret with stories of her ancestral home, Howards End. Ruth...more
Quick quiz – What do Michael Jackson, Prince, Heath Ledger, Amy Winehouse, Chadwick Boseman and Avicii have in common? Yes, they are all famous people who died unexpectedly at a fairly young age, but they have something else...more
My husband just recently opened a new account at one of those online, do-it-yourself, investment companies. He promises that with the tiny amount of money I was willing to allow him to experiment with that he will make us...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
Almost any type of asset you might have can have a beneficiary designation associated with it. Beneficiary designations supersede the designation in a will or trust and your failure to update them can lead to complications...more
The recent Supreme Court opinion in Dobbs v. Jackson Women's Health Organization dismantles 50 years of legal precedent concerning reproductive rights. In overturning Roe v. Wade, the majority in Dobbs writes, “nothing in...more
The primary reason most people engage in estate planning is to name who they want to receive their assets when they pass away. Beneficiaries can be named in a will, a trust or pursuant to a beneficiary designation. When...more
Wills: An estate planner and a Shakespearean scholar talk about the right way—and the many wrong ways—to design your will. Speakers: Warren Racusin, Chair, Trusts & Estates Bridget Harris, Counsel, Trusts & Estates Mary...more
Estate plans are supposed to be living documents that evolve over time. Generally, you should review your plan every 5 years to stay current, or whenever you or your beneficiaries have a major life event such as marriage, the...more
The position of illegitimate versus legitimate children is often considered consigned to history but for those dealing with trusts on a day-to-day basis, the distinction may remain a live issue. This is illustrated by a...more