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Estate Planning Deceased

Estate Planning is a process where individuals prepare or plan for the settlement of their personal affairs in the event of incapacitation or death. Estate plans typically include provisions relating to the... more +
Estate Planning is a process where individuals prepare or plan for the settlement of their personal affairs in the event of incapacitation or death. Estate plans typically include provisions relating to the disposition of assets, guardianship of minor children, and appointment of representatives to make medical and financial decisions. Effective estate planning can decrease tax liability and facilitate the probate process.  less -
Lewis Roca

Supreme Court Clarifies Shareholder Agreement Valuations for Estate Tax Purposes in Connelly v. United States

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Many co-owners of closely held businesses will employ life insurance as a tool for funding the transfer of ownership in the business upon the death or retirement of an owner. In these cases, planning involves the use of...more

Warner Norcross + Judd

12 Steps for Avoiding Identity Theft After the Death of a Loved One

Recently, I attended the 2024 Summer Meeting for the American College of Trust and Estate Counsel (ACTEC) in Toronto. While there I presented to ACTEC’s Digital Property Committee on ghost hacking. Ghost hacking is when a...more

Foster Swift Collins & Smith

Legal-Ease: Steps for When a Loved One Passes Away - Part Two

This is the second of three articles addressing the topic of what needs to be done when a spouse or loved one passes away. My last article addressed the immediate things that need to be done prior to the decedent’s funeral...more

Ruder Ware

Who plans my funeral?

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Many clients wonder who is responsible for planning their funeral, selecting burial or cremation, and making other arrangements after their death.  Some clients ask what happens if family members disagree about these matters....more

Ruder Ware

Authorization for Final Disposition

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Estate Planning Attorney Shanna Yonke explores Wisconsin’s default law regarding who gets to make decisions regarding the disposition of your body, funeral arrangements, and other matters that arise after your death.  She...more

Ruder Ware

Authorization for Final Disposition

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Estate Planning Attorney Shanna Yonke explores Wisconsin’s default law regarding who gets to make decisions regarding the disposition of your body, funeral arrangements, and other matters that arise after your death. She...more

Troutman Pepper

Digital Planning Podcast: Funerals360

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The Digital Planning Podcast is designed to educate individuals about all things digital in connection with estate planning, business planning and estate administration. Your hosts, Jennifer Zegel, Ross Bruch and Justin...more

Winstead PC

Court Holds That A Deceased Testamentary Trust Beneficiary Can Still Be A Beneficiary

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In In the Estate of Mendoza, a decedent’s son’s children filed a petition claiming their entitlement to their father’s beneficial interest in a trust created under the decedent’s will. No. 04-19-00129-CV, 2020 Tex. App. LEXIS...more

Winstead PC

Court Holds That A Husband Had No Interest In His Deceased’s Wife’s Real Estate That Was Obtained Via A Gift Deed

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In Leland House v. Webb, a husband sued his deceased wife’s executor to quiet title in real estate that she obtained from her aunt. No. 06-19-00054-CV, 2019 Tex. App. LEXIS 10012 (Tex. App.—Texarkana November 19, 2019, no...more

Downey Brand LLP

Beware of Dormant Creditor Claims in California Probate Cases

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California’s probate process aims to expeditiously identify and resolve the claims of creditors against decedents. Creditors who are unsophisticated, or who simply do not learn of the decedent’s passing, may find themselves...more

Winstead PC

Court Holds That A Testamentary Trust Did Not Fail Because The Primary Beneficiary Predeceased The Decedent

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In In re Estate of Moore, a decedent executed a will that provided that the residuary of his estate would be held in trust for his mother, and such trust would terminate on her death with the assets then passing to certain...more

Chambliss, Bahner & Stophel, P.C.

What Happens to Your Debts When You Die?

When you die, your debts do not expire with you. Most debt still needs to be paid off, if possible. However, who is responsible for paying the debt depends on the type of debt, and some assets are protected from being used...more

Holland & Hart LLP

Who Decides the Funeral Arrangements?

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The days following a loved-one’s death is a time for mourning and reflection. Unfortunately, during this already-difficult time, decisions must be made quickly concerning the disposition of the deceased person’s body. ...more

Chambliss, Bahner & Stophel, P.C.

How to Make Your Funeral Wishes Known

How can you make sure your funeral and burial wishes will be carried out after you die? It is important to let your family know your desires and to put them in writing. Just don’t do it in your will....more

Bass, Berry & Sims PLC

Chris Lazarini Discusses Resolution for Competing Demands for Decedent’s Assets

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Bass, Berry & Sims attorney Chris Lazarini discussed a case in which a brokerage firm filed a complaint for interpleader seeking judicial resolution of a challenge to a deceased client’s assets. Upon the client’s death, the...more

BCLP

What Happens to My Digital Assets on Death or Incapacity?

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A recent New York case, Estate of Swezey (NYLJ, 1/17/19 at pp. 23, col. 3) highlights the confusion in the laws of many states regarding the administration and distribution of digital assets at a decedent’s death. In this...more

Dentons

Handling Decedent's Property by Affidavit

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In March 2018, Governor Reynolds signed HF 2125 into law, with effective date, July 1, 2018. This law increases the limit of personal property that can be transferred after death using an affidavit....more

Burns & Levinson LLP

The First Things to Do: Ways to Avoid Financial Loss in the Wake of a Loved One's Passing

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The occasion of a loved one’s passing is a shock, and the loss can often throw those nearest and dearest off their guard. In fact, despite the difficulty of doing so, this is when at least one survivor must step up and take...more

Winstead PC

When is a Will Not a Will? Court Determines that “Will” Was Not a Valid Will or a Valid Gift Deed and that Decedent Later Lacked...

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In Lemus v. Aguilar, relatives fought over ownership of a decedent’s home. No. 04-14-00609-CV, 2016 Tex. App. LEXIS 2685 (Tex. App.—San Antonio Mar. 16, 2016, no pet. h.). ...more

Dorsey & Whitney LLP

Revised Uniform Fiduciary Access to Digital Accounts Act Adopted by Four States

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With the shift from traditional hard copy paper documents towards electronic records stored Cloud Computing-based software and services (e.g., iCloud, Dropbox, Google Drive, etc.), access to and use of digital assets by...more

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