News & Analysis as of

Probate Wills Revocable Trusts

Charles E. Rounds, Jr. - Suffolk University...

Incorporating into a trust instrument a nonjudicial mechanism for effectuating on an ongoing basis the wishes of the deceased...

There is much to commend in O’Brien, Proposing a Model Antilapse Clause, 48 ACTEC L. J. 257 (2023), particularly its flagging of the doctrinal and practical flaws in Uniform Probate Code §2-707, which would apply the...more

Lippes Mathias LLP

Considerations When Choosing Between a Trust vs. Will Estate Plan

Lippes Mathias LLP on

There are a number of considerations to make when deciding whether to proceed with a Will-based estate plan or a trust-based estate plan. First, as a general matter, there are two ways in which your estate can be distributed...more

Lasher Holzapfel Sperry & Ebberson PLLC

Estate Planning – Do I Need a Revocable Living Trust?

One of the most common questions we hear from our clients is “do I need a revocable living trust?” While in some states a revocable living trust is a vital component of any estate plan due to those state’s probate laws,...more

Rivkin Radler LLP

Back to Basics: Wills & Revocable Trusts

Rivkin Radler LLP on

I am often asked about the difference between wills and revocable trusts, so I thought it important to explain the purpose of each. Wills and revocable trusts basically do the same thing – each is a document in which you...more

Ward and Smith, P.A.

Joint Trusts: A Useful Tool for Some Married Couples

Ward and Smith, P.A. on

Though not a silver bullet for every situation, in appropriate circumstances, a Joint Revocable Living Trust ("Joint Trust") can provide a married couple with significant benefits and simplify the administration of assets...more

Jaburg Wilk

Your Guide to Essential Estate Planning Documents

Jaburg Wilk on

If you’re like most people, there is a laundry list of things you’d rather do than think about your estate plan. While it can be a challenging area to discuss, your estate plan is essential to ensure you and your family are...more

Cozen O'Connor

Don’t Do Me Like That: Tom Petty’s Widow, Daughter In Court Over Control Of His Estate

Cozen O'Connor on

Two years after rocker Tom Petty's sudden death, tensions between one of his two daughters and his second wife over the future of his estate have come to a head. Allegations of angry emails, unauthorized decision making,...more

Adler Pollock & Sheehan P.C.

Insight on Estate Planning - October/November 2018

In This Issue: - Who needs an estate plan? Quick answer: Everyone - NINGs, DINGs and WINGs: Understanding the tax angles of self-settled trusts - Securities laws can derail your estate plan - ESTATE PLANNING...more

Ward and Smith, P.A.

Weathering the Storm: How to Get Your Affairs in Order

Ward and Smith, P.A. on

I’m writing this in Wilmington, North Carolina at a time when many in this area still are struggling after Hurricane Florence. The weekend before the storm was bright and sunny. I would have rather gone to the beach, but...more

Bowditch & Dewey

Aretha Franklin Died Without a Will: Why It’s Important for Everyone to Have a Plan

Bowditch & Dewey on

Many people will balk at the thought of signing their will at an elderly age, thinking that they’re “signing up for death.” Did Aretha Franklin think that? While it may seem like something you don’t need to worry about...more

Farrell Fritz, P.C.

Will, Trusts & Estates: Plain and Simple – Back to Basics: Wills & Revocable Trusts

Farrell Fritz, P.C. on

Wills and revocable trusts basically do the same thing – each is a document in which you give away your assets to your beneficiaries upon your death. Both can be revoked and changed whenever and as often as you desire. In...more

Farrell Fritz, P.C.

On Its Own Motion

Farrell Fritz, P.C. on

While most decisions rendered by the Surrogate’s Court result from an affirmative request for relief, occasionally the court will address an issue on its own motion when justice or the exercise of its inherent or statutory...more

Farrell Fritz, P.C.

Jury Trials in Surrogate’s Court Removal Proceedings

Farrell Fritz, P.C. on

As parties prepare for trial before the Surrogate’s Court, a question that oftentimes arises is whether the parties have a right to a trial by jury. The right to a jury trial is anything but universal in Surrogate’s Court...more

Skadden, Arps, Slate, Meagher & Flom LLP

"New Connecticut Laws Limit Transfer Taxes for Some Decedents, Increase Probate Fees for Most Estates"

Connecticut has implemented changes to its transfer tax and probate laws that affect nearly every decedent leaving even a modest estate via will or nonprobate transfer (such as a revocable trust). A new $20 million cap for...more

JD Supra Perspectives

5 Estate Planning Mistakes You Should Try to Avoid

JD Supra Perspectives on

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

Baker Donelson

Estate Planning Considerations: Documentation and Peace of Mind

Baker Donelson on

With the introduction of the American Taxpayer Relief Act of 2012 (Act), the world of estate planning has been injected with a dose of certainty after more than 10 years of uncertainty as to federal estate, gift and...more

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