Inheritance

News & Analysis as of

Rules of Succession in Dubai

What law governs? The main source of law in the UAE is Sharia in which all laws are formulated and based on. It is considered a public order. The governing law for succession in the country is UAE Federal Law No. 5 of...more

Oral Contracts to Make Wills

The vast majority of people have no idea that Virginia law recognizes oral contracts to make a will. As a result, people often miss out on asserting a claim to an inheritance because they didn’t know that they had one to...more

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

Registration Duty – All clear ?

Yesterday, the director of the Luxembourg indirect tax administration (administration de l'enregistrement et des domaines) issued circular n° 782 dated 2 January 2017 (the "Circular"). The Circular recalls the main changes...more

Texas Supreme Court Will Determine Whether Texas Recognizes A Tortious Interference With Inheritance Claim

Today, the Texas Supreme Court granted a petition for review in Jackson Walker, LLPO v. Kinsel, No. 07-13-00130-CV, 2015 Tex. App. LEXIS 3586 (Tex. App.—Amarillo April 10, 2015, pet. granted). The Court’s staff attorney...more

T&E Litigation Newsletter - November 2016

There has not been much case law of particular relevance in the T&E area since our last newsletter, but three recent federal court decisions—one from the First Circuit Court of Appeals, and two from the United States District...more

Successfully Selling Your Business: 4 Tips – No Matter the Buyer

Among the growing number of business owners looking to sell their business, JR and Sue Ellen Pawlenty are in the market to sell their company Pawlenty Energy. Recently Tilting the Scales highlighted Successfully Selling Your...more

New Treasury Proposed Regulations: Bad for family farms

In transferring the ownership of family farms to the next generation, it is common to take advantage of certain valuation discounts in making transfers. The Department of Treasury recently released proposed regulations under...more

Application of Home Country Inheritance Law

The Personal Status Law provides in Art. 1(2) the general rule that" the provisions of this law shall apply to non-UAE nationals" and the exception that "unless the foreigner elects to apply his or her personal status law"....more

Holding Assets in Trust for the Next Generation

Over the past few years, we have seen a dramatic increase in the number of clients interested in holding assets in trust for their children. This is a trend we are noticing across the board, regardless of the size of the...more

4 Things Beneficiaries Who Receive IRS Form 8971’s Schedule A Must Know

When someone inherits assets, he or she is supposed to have a tax basis in the inherited asset for income tax purposes equal to the “fair market value” of the inherited asset at the date of death. The IRS is concerned that it...more

A New Procedure for Appointing Commissioners to Partition Property in Tennessee

Generally, any person that has an ownership interest in property in which one or more other persons also have an interest may bring an action to divide the property or to sell the property and have the proceeds therefrom...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

Court Increases Father’s Child Support Payment Due to Inheritance

In the 2015 Pennsylvania Superior Court Opinion E.R.L. v. C.K.L., the Court found that Father’s significant inheritance was a sufficient reason to increase his child support payment for the parties’ three children....more

What is HEBA

In general, Heba is an unconditional transfer of property made immediately and without exchange or consideration by one person to another and accepted by or on behalf of the latter....more

Jarmoc and Jarmoc: A Modern-day Bleak House?

A family feud recently unfolded in the Connecticut probate court, a typical venue for family feuds to play out after the death of a successful business owner. That is the case especially when a contested will is produced...more

Another Court Holds That Texas Has Not Recognized A Tortious Interference With Inheritance Claim

In Anderson v. Archer, the trial court’s judgment awarded the plaintiffs $2.5 million in damages based on a tortious interference with inheritance claim. No. 03-13-00790-CV, 2016 Tex. App. LEXIS 2165 (Tex. App.—Austin March...more

FERC dam license transfers, death and estates

What happens when an individual person dies holding a Federal Energy Regulatory Commission license for a hydroelectric project? While their will may specify an heir for the dam and project works, the process of inheriting a...more

Estate Planning Considerations for Millennials

I am a millennial. I grew up in the age of the Internet, computers, and text messaging. I had my first cell phone in late elementary school, where I mastered the game of Snake on a one-inch square screen. My generation then...more

What Is Cost Basis and How Do You Prove It?

Knowing the "cost basis" of your property is important for tax purposes, but proving cost basis can be difficult. Cost basis adjusts at death, so it is a good idea to appraise property when a joint owner dies. Cost basis...more

Top 10 Ways To Be Disinherited (And How To Avoid That) (Part 2)

This is Part 2 in the series of the top 10 factors that I’ve seen that lead to people being disinherited from a relative’s or friend’s estate plan. In Part 1, I discussed 5 of the 10 factors, and the following round out the...more

Addressing adopted children or stepchildren in your estate plan

Families that have children who are adopted, or stepchildren who haven’t been legally adopted, face unique estate planning challenges. Additional consideration must be taken when a family includes an unmarried couple in a...more

Top 10 Ways To Be Disinherited (And How To Avoid That) (Part 1)

I’ve handled over 100 estate disputes, and based upon my experience the following are 5 of the top 10 factors that I’ve seen that lead to people being disinherited from a relative’s or friend’s estate plan. I’ll follow this...more

Insight on Estate Planning - October/November 2015

In This Issue: - The net investment income tax and your estate plan: How one affects the other - Use a noncharitable purpose trust to achieve a variety of goals - Addressing adopted children or stepchildren in your...more

Trust and Estate Law: South Dakota Dynasty Trusts 101

Usually, estate planning involves the creation of an updated will, a health care directive, and assigning a power of attorney. But sometimes an estate needs more, especially when a large or growing inheritance is involved....more

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