Probate

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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

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

What is Probate?

We have talked about estate plans as a means to avoid the cost and process of probate. But what does that mean to you? Probate is the court-supervised process intended to identify and distribute assets and payment of...more

Per Stirpes Means Per Stirpes, Correct?

So, does per stirpes mean per stirpes? In most cases the answer is yes, however, this is not the case in circumstances in which heirs in the closest degree of kinship are deceased. This issue arises in jurisdictions...more

"The Estate Planner" – September/October 2013

In this issue: - The GRAT: A limited time offer? - International relations: Estate planning for noncitizens - Avoid probate to keep your estate private - Estate Planning Red Flag – You Don’t Have...more

Should Avoiding Probate Be Your First Priority in Arizona Estate Planning?

Our Arizona probate attorneys realize that probate is a term that may bring with it fear into the hearts of many family members. Usually, it is because of horror stories they have heard or even experienced themselves with a...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

Don’t Have an Advance Health Care Directive? Better Get One ASAP!

You probably don’t want to think about being in a condition that prevents you from making sound decisions about your own health care. However, tragedies can happen in a flash. Maybe you’re involved in an auto accident in Los...more

Transfer of Small Estates without Probate in Arizona

Effective September 2013, small estates in Arizona will see an increase in the value of assets that may be transferred without requiring a probate of the decedent's estate....more

Old Doctrine Misunderstood, New Doctrine Misconceived: Deconstructing the Newly-Minted Restatement (Third) of Property’s Power of...

Old Doctrine Misunderstood, New Doctrine Misconceived: Deconstructing the Newly-Minted Restatement (Third) of Property’s Power of Appointment Sections In was in the course of preparing the 2013 edition of Loring and...more

The Perils of Creating Your Own Estate Plan

Who says trust and estate law isn’t interesting? ...more

Failure To Authenticate One Witness’s Signature Dooms Admission Of Will To Probate

A court of appeal recently addressed whether a will was properly admitted to probate. The will contained a regular and complete attestation but only the genuineness of the signature of the decedent and one of the two...more

Attorney’s Fees In Probate

Litigating disputes in probate matters is just as expensive and time-consuming as litigation in other types of cases. However, because most probate lawyers do not handle contested matters in probate courts on a regular basis,...more

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