Heirs

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T&E Litigation Newsletter - February 2017

Several recent decisions serve as a good reminder that it is not only the Probate and Family Court that addresses important T&E issues in Massachusetts. In the consolidated matters of Hanna et al. v. Williams et al.,...more

Forgiveness May Be Available For An Untimely Caveat

It’s a new year and with it comes many resolutions. Each year, a popular resolution is to be more forgiving or to forgive someone who wronged you. Apparently, trying to get a head start on its resolutions, on December 30, the...more

HEIRS ACCORDING TO SHARIAH - Principles of Succession

Shariah lays down the relations that qualify as heirs following the death of an individual. The deceased's estate can only be transferred to persons who qualify as heirs under Shariah Law principles. Anyone who does not...more

Top Four Estate Disputes from 2016

With the end of 2016 upon us, now is a fitting time to look back at some of the top estate disputes from this past year. 2016 was a typical year in that, unsurprisingly, people continued to die and families continued to fight...more

SC Court of Appeals Confirms Probate Court’s Limited Partition Jurisdiction - Real property devolves according to the state law...

In Byrd v. McDonald, op. No. 5409 (S.C.Ct.App. filed June 8, 2016) (Shearouse Adv.Sh. No. 23 at 66) the S.C. Court of Appeals decided the appeal of a probate court action to determine heirs and partition real property. The...more

Tax Law Blog: Updates on the Estate of Prince

The interesting issues with Prince’s estate continue. Previously, I discussed that he died intestate, meaning he did not have any sort of will or other testamentary instrument....more

Norton Simon Museum Prevails Against Von Saher Claim to Cranachs Looted by the Nazis

Just as it appeared that the first trial in years would begin next month on a claim of Nazi-looted art, the much publicized Von Saher case has come to an end with a judgment that entered yesterday. The U.S. District Court...more

The Death of Prince Rogers Nelson – An Estate Tax Controversy Likely To Follow

Many of our readers have asked me about the likely controversy that will ensue following the death of Prince. In fact, two readers feel, since I have been reporting about some of the controversy surrounding the Estate of...more

Court Discusses Slayer Rule in Texas And Affirms Judgment For Bank That Froze Account

Preface to Case: The Texas Constitution states that “[n]o conviction shall work corruption of blood, or forfeiture of estate.” Tex. Const. Art. I § 21 (emphasis added). The Texas Estates Code also states as much. Tex. Est....more

Sixth Circuit Rules in Favor of Songwriter’s Heirs in Copyright Termination Decision in Jackson Brumley et al. v. Albert Brumley &...

In its May 16, 2016 decision in Jackson Brumley et al. v. Albert Brumley & Sons Inc. et al., the Sixth Circuit expressed skepticism of the Second Circuit’s and Ninth Circuit’s interpretation of the 304(c) termination...more

Trial & Heirs: 5 Estate Planning Stumbling Blocks

Last month, Prince died at the ripe young age of 57. He had no will, as reported by his only full sibling (a sister). She filed for probate of his estate in Minnesota, where he owned a home in Paisley Park. Under Minnesota...more

Paris Court of Appeal Rules on Forced Heirship, US Trusts and Legitimacy of Transforming Real Estate into a Moveable Asset using...

On 11 May 2016 in case no. 14/26247, the Paris Court of Appeal fully confirmed the judgment handed down by the Paris High Court on 2 December 2014 in case no. 10/05228, relating to the estate of Mr Maurice Jarre. By...more

Guelph Treasure Heirs Explain Why Case Belongs in U.S. Court

We filed yesterday the opposition to the motion to dismiss my clients’ claims over the 1935 forced sale of the Guelph Treasure, or Welfenschatz. The motion was filed two months ago by defendants Germany and the Stiftung...more

Three Ways to Guard Heirs From Big Wine Realty Tax Bill

Estate-planning is often focused on reducing or eliminating estate tax at death. As the estate-tax exemption has increased in recent years — currently $5.45 million and counting — there is a shift to planning for income and...more

Potemkin Village Deferred—Planned Exhibition of Gurlitt Trove is Postponed

Germany has apparently decided to postpone its ill-conceived plans to exhibit the hundreds of works of art that it still holds from the trove seized from the late Cornelius Gurlitt. This decision was announced as a date was...more

Oregon and Wyoming enact model digital assets law

Although numerous states have studied and introduced legislation adopting the Uniform Fiduciary Access to Digital Accounts Act, only three have adopted it thus far. The first was Delaware, which adopted the model digital...more

Live from the Oscars! German Cultural Ministry Disparages Possible Inclusion of Jewish Member on Advisory Commission

The New York Times reports today that Germany will pay for “at least” one more year of the Gurlitt Task Force, which recently concluded its initial term of appointment amidst criticism of the German government’s handling of...more

Illinois Supreme Court Expands Who Can Seek TILA Rescission

A recent Illinois Supreme Court opinion may expose banks to a flood of TILA rescission claims by anyone who claims an ownership interest in mortgaged property. The state supreme court ruled that the right to rescind includes...more

Time to Go—Flechtheim Heirs Withdraw from Limbach Commission That Has Outlived its Usefulness

Two days after suspending their participation in the Advisory Commission on the return of cultural property seized as a result of Nazi persecution, especially Jewish property, often called the "Limbach Commission" after its...more

Der Urlaubsabgeltungsanspruch ist vererbbar

Mit einer kurz vor Jahresende veröffentlichten Entscheidung hat das BAG (bereits am 22. September 2015 – Az: 9 ARZ 170/14) festgestellt, dass der Urlaubsabgeltungsanspruch vererbbar ist. Geklagt hatten die Erbinnen eines...more

How Your IRA Can Benefit Both Your Heirs and Charity

Do you want to use your IRA to help a charity, but also benefit your heirs? Instead of leaving your IRA directly to your children, you can leave it to a charitable remainder unitrust (CRUT) while still benefiting your...more

Happy Birthday To You: Blow the Candles Out

On two previous occasions, I wrote about the court battle and decision regarding the copyright status of the lyrics to the song, Happy Birthday to You. As noted in my September 2015 post, the U.S. District Court in California...more

Ray Charles Foundation Can Challenge Heirs’ Attempt to Reclaim Copyrights - Ray Charles Foundation v. Robinson et al.

The U.S. Court of Appeals for the Ninth Circuit reversed a district court’s dismissal of a suit brought by the sole beneficiary of the Ray Charles estate, concluding that the Ray Charles Foundation had standing to challenge...more

Six Recommendations For Clients With Connections to France

There have been a number of changes to EU laws recently that have had, or will have, a direct impact on your clients who have connections with France. There are six stand-out issues that are worth careful and immediate...more

Are You Aware That Your Estate Planning Documents Could Be Voided By Disgruntled Heirs?

An heir, beneficiary or interested party could seek to have a person’s testamentary plan voided on one or more grounds after the testator’s death. Such actions are common if the interested party is not satisfied by the...more

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