An Executor’s Guide to Administering an Estate
Estate Planning 101: The Five Most Important Clauses for Wills and Trusts
Top Ten Mistakes Executors Make and How to Avoid Them
What is the immediate importance of estate planning and why should any parent, business owner, homeowner, or those nearing retirement be focused on this issue? Why do most people delay one of the most critical financial and...more
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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 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
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
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
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
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