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Estate Planning Pitfall - You’ve chosen your executor hastily

Choosing the right executor — sometimes known as a “personal representative” — is critical to the smooth administration of an estate. Yet many people treat this decision as an afterthought. Given an executor’s many...more

Motion to Strike Under Anti-SLAPP Statute Erroneously Granted in Connection With Conversion, Unjust Enrichment and Breach of...

A motion to strike under California’s anti-SLAPP statute was filed in response to a lawsuit initiated by beneficiaries against a trustee and executor of an estate. The United States Court of Appeals for the Ninth Circuit...more

Estate Administration 101: What You Need to Know to Effectively Administer an Estate Qualifying as Executor

Many people who are named executor in a friend or loved one’s will haven’t served in such a role before and have little basis of knowledge as to what will be expected of them. Clients often ask, “what does the executor do?”...more

Critical Choices if Your Children are Orphaned

Who will take care of your children if they're orphaned? If you fail to make your choices known through your estate plan, the selection will be left to a judge. Therefore, there are some critical decisions to make...more

Can a Corporation be Appointed a Receiver?

I was in court last week and the judge appointed a corporation as the receiver in a case....more

Alter Ego and Joint Partner Trusts: Estate Planning Beyond a Will

For many, estate planning begins and ends with the preparation and execution of a legally valid Will. Certainly, a valid Will, together with an Enduring Power of Attorney and a Personal Directive, allows an individual to...more

Proof of Authority: How an Out of State Executor Conducts Estate Business in Arizona

As Arizona probate attorneys we receive many phone calls from family members, personal representatives, and beneficiaries who do not live in the State of Arizona, but a deceased loved one died here. We are able and willing to...more

Suit To Modify Trusts Did Not Violate No Contest Clause

Texas courts narrowly construe no-contest clauses. In Di Portanova v. Monroe, grandparents set up eight trusts for a grandchild that had a mental disability. No. 01-20-01019-CV, 2012 Tex. App. LEXIS 9859 (Tex. App.—Houston...more

Estate Planning in the Digital Age

At first, the digital age crept upon us slowly. Businesses looked at the internet skeptically, not sure how to use it. Consumers waded in bit by bit, at first dipping the proverbial toe in the water and then taking it step by...more

Wealth Management Update - June 2013

The June § 7520 rate for use with estate planning techniques such as CRTs, CLTs, QPRTs and GRATs is 1.2%, which is a slight decrease from April's rate of 1.4% but remains the same as May's rate of 1.2%. The applicable federal...more

Estate Administration In A Paperless World

While our current digital, paperless world has made life more efficient for most, when someone dies, it can be difficult for the survivors to obtain the keys to unlock all of the digital information that is left behind. As a...more

Planning Your Estate

The basic goals of estate planning are to dispose of your property in accordance with your wishes and to avoid unnecessary taxes and expenses....more

Probate And Estate Administration: Lessons From Jerry Brown Jr.

Probate And Estate Administration: Lessons From Jerry Brown Jr. Jerry Brown Jr. passed away after being involved in a fatal accident with Dallas Cowboys teammate and friend Josh Brent in December of 2012. Although not widely...more

Court Held That Executor Had A Right To Funds In Joint Account

In The Estate of Brown, the court of appeals affirmed a summary judgment for an executor, holding that the executor had the right to funds in a joint account. No. 04-11-00541-CV, 2012 Tex. App. LEXIS 5087 (Tex. App.—San...more

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