Probate

News & Analysis as of

Direct vs. Indirect Probate Court Jurisdiction Over Foreign Realty

A state probate court generally does not have jurisdiction over real property situated in another state or country that was owned by the decedent. Generally, such property must be administered in those local jurisdictions,...more

Real Property, Financial Services & Title Insurance Update: Week Ending March 20, 2015

REAL PROPERTY UPDATE - Probate/Quit Claim Deeds: trial court correctly ordered personal representative to issue deeds conveying properties to son and mother, subject to life estate held by son – Ciungu v. Bulea, Case...more

Nine Fiduciary Accounting No Nos

When you’re a fiduciary under California’s Probate Code, such as a guardian or conservator, you’ll be required to prepare some type of fiduciary accounting for the court. You’ll probably hire an accountant to crunch the...more

In Defense of Probate

A critical goal of estate planning is to ease the burdens of administering the client’s estate for her beneficiaries. Clients rightfully wish to streamline the process for settlement of their affairs and seek guidance on how...more

Texas Supreme Court Argument Preview - 2/15

On Tuesday, February 24, 2015, beginning at 9:00 am, the Supreme Court of Texas will hear argument in the following three cases...more

T&E Litigation Newsletter - January 2015

As 2014 came to a close, Massachusetts state and federal courts issued decisions concerning a number of issues of interest to estate planning attorneys and probate litigation attorneys, including testamentary capacity,...more

How to Answer the Top Five Legal Questions You Will Get from Family Members at Holiday Gatherings

1. Should Mom and Dad give us the house as a gift now so that they don’t have to “give it to the government” later? This is a common question that involves technical medical assistance rules. Generally, the best way to...more

Wealth Management Update - November 2014

November Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts - The November Section 7520 rate for use with estate planning techniques such as CRTs, CLTs,...more

Who Should Be My Life Insurance Beneficiary? #EstatePlanningAttorney

The question, “who should be your designated beneficiary under your life insurance policy” is a very important family decision that should be made after careful consideration of all relevant family and financial goals in...more

California Trust Attorney – Three Things You Should Know About a Trust

What is a trust and how does it differ from a will? Before planning your California trust you should know three important things: 1. A Trust Defined - A trust provides for the allocation of assets when you...more

Appellate Court Notes

?AC35507 - State v. Wright - ?AC35289, AC36395 - Southport Congregational Church-United Church of Christ v. Hadley - The doctrine of equitable conversion did not apply when the decedent contracted to sell real...more

T&E Litigation Newsletter – August 2014 #1

After a quiet start to the summer for probate litigation cases, the Supreme Judicial Court recently issued its much-anticipated decision in The Woodward School for Girls, Inc. v. City of Quincy, Case No. SJC-11390, 2014 Mass....more

Real Estate Tip - Keep It in The Family?

Using a will to give a commercial building to a loved one, a business partner or even a charitable organization is not ideal planning. Adverse tax consequences, the public probate process and operational difficulties aside,...more

Tales of Hoffman: Postmortem Planning for Actor’s Estate

The tragic death of actor Philip Seymour Hoffman has given us an opportunity to consider his estate planning, with lessons and strategies for the rest of us....more

51 Flavors: A Survey of Small Estate Procedures Across the Country

Properly navigating a probate administration in any one state can be challenging enough, but often the client’s estate—and the attorney’s practice—is not so neatly confined within one state’s boundaries. Fortunately, for...more

Guide for Hong Kong Clients on Obtaining BVI Grants of Probate

Because BVI companies are widely used in Hong Kong for various purposes, it important for clients to understand the nuances and intricacies of obtaining grants of probate and administration in the BVI. Contrary to popular...more

Privacy or Property? Arizona Court Adopts Post-Mortem Right of Publicity In Intra-Family Online Dispute

The right of publicity, i.e., the right not to have others appropriate your name or image for commercial purposes, is an odd duck. It was described by Professor Prosser in 1960, and later in the Restatement of Torts, as of...more

5 Estate Planning Mistakes You Should Try to Avoid

In your experience, what’s the most costly mistake people make when preparing estate plans, and what can they do to fix them? That’s the question we recently put to attorneys writing on JD Supra....more

Estate Planning After Divorce

A good estate plan should be flexible and structured to account for foreseeable life events. However, even the best estate plan cannot accommodate every turn your life may take. Periodic review and tweaking of an estate plan...more

Probate v. Non-Probate: What Is the Difference?

When planning your estate it is important to understand the difference between probate and non-probate assets. Probate is the process through which a court determines how to distribute your property after you die. Some assets...more

Common Estate Planning Misconceptions

Like many areas of law, estate planning is rife with confusion. And it is often misunderstanding that leads to costly mistakes — mistakes that can produce negative effects now or in the future. However, misconceptions...more

Does a Revocable Living Trust Have Any Advantages Over a Will?

Thinking about your demise and how your estate will be divided up may be the farthest thought from your mind. However, by creating a last will and testament, you ensure your last wishes are heard and carried out. Depending on...more

Common Reasons for Probate Litigation

When someone dies, the probate process begins. Probate typically involves identifying and inventorying the property of the deceased, appraising the property, paying off debts and taxes, distributing the property according to...more

Filing A Probate Claim More Than 90 Days After Publication If Notice To Creditor Not Received [Florida]

Under Florida law, a creditor cannot file an effective claim against an estate more than 3 months after publication of the Notice to Creditors, UNLESS the creditor is a known or reasonably ascertainable creditor that was not...more

Is an Electronic Will Valid?

Is a will created on a tablet computer valid? An Ohio judge recently answered that question in the affirmative, but most states have not addressed the issue. As electronic devices become more commonplace, this question will...more

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