News & Analysis as of

Spouses

Alan Thicke Estate Dispute Highlights Pre-litigation Threats

by LeClairRyan on

Actor Alan Thicke – best known for his role on the TV show Growing Pains – passed away at the end of 2016, leaving behind a dispute between two of his sons and his third wife. ...more

Making Use of a Deceased Spouse’s Unused Estate Tax Exemption Simplified

by Genova Burns LLC on

The election for married couples to elect portability of the Federal Estate Tax Exemption was introduced in late 2010 when the Tax Relief Unemployment Insurance Reauthorization and Job Creation Act (“TRUIRJCA”) was signed...more

Same-sex survivors' pensions - exemption for pre-2005 service invalid

by Hogan Lovells on

The Supreme Court in Walker v Innospec Limited, overturning the Court of Appeal, has decided that the exemption for service prior to December 2005 from the requirement for occupational pension schemes to give survivors'...more

Ashley Madison Settles Data Breach Case for $11.2M

Ashley Madison, which suffered a data breach in 2015 involving the loss of 37 million users’ personal and financial information, has settled the suit for $11.2 million....more

The Do’s And Don’ts Of Summertime Custody

by Cozen O'Connor on

Summertime and the living is easy, that is, except for those involved in a custody dispute. With relaxed schedules, vacations, camp, and changing activities, summertime custody can prove to be more difficult for parties to...more

Arbitration Agreement Enforceable Against Non-Signatory Spouse Because Community Property

by Dorsey & Whitney LLP on

You know how the vows go: “for richer or for poorer, in sickness and in health, in district court or in arbitration…” Wait a minute. Last Wednesday, a federal district court in Arizona held that a TCPA plaintiff was...more

How Does Remarriage Impact Wills and Inheritances?

Divorce and remarriage are common in the United States, and most legal professionals place these issues squarely within the family law realm. However, people who remarry should also carefully revisit their estate plan...more

Court Held That Submission Of Jury Question On Fiduciary Duty Was Harmless Due To Duplication Of Damages

by Winstead PC on

In Hughes v. Hughes, a husband and wife sued each other for various claims, including breach of fiduciary duty. No. 13-15-00496-CV, 2017 Tex. App. LEXIS 3489 (Tex. App.—Corpus Christi April 20, 2017, no pet. history)....more

QDOT-ting I's and Crossing T's: Estate Tax Planning for Non-United States Citizen Spouses

by Ward and Smith, P.A. on

Individual and corporate citizens from countries around the world have moved to North Carolina and contributed materially to our state's economic, educational, and cultural growth. Foreign direct investment ("FDI") in North...more

How to protect your family-owned business from your child’s spouse

by Thompson Coburn LLP on

For most people, a child’s wedding is one of those great life moments that is filled with months of planning and excitement. However, for people who own a family-owned business, the old myth that 50 percent of marriages end...more

How To Protect Yourself Before A Divorce

by Cozen O'Connor on

As a divorce lawyer, I have met with countless clients who claim they were blindsided by a divorce. While they may have seen signs that something was wrong in the marriage, they chose to ignore them hoping that things would...more

Who is a “parent” in the Ontario pension world? And why does it matter?

by Dentons on

Any person who is the “spouse” of a member of a registered pension plan in Canada has rights regarding the pension entitlement of his or her partner. That important policy has been entrenched in pension legislation for...more

Joint Trusts: A Useful Tool for Some Married Couples

by 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

Alert: What’s Mine is Legally Yours – New Definition of “Spouse” in the Pension Benefits Act

Without any pomp and circumstance, the definition of “spouse” under the Pension Benefits Act (Ontario) (PBA) was amended effective January 1, 2017. Under the revised definition, a spouse continues to include someone who is...more

Lessons to be Learned From the Power of Attorney

by Farrell Fritz, P.C. on

Powers of attorney and trust instruments have each been the subject of many an estate plan. They each have also been the subject of multiple estate litigations. In combination, the two have served as fodder for controversies...more

Estate Tax Impact of Life Insurance Required by Divorce

by Charles (Chuck) Rubin on

Please see chart below for more information....more

T&E Litigation Newsletter - December 2016

by Goulston & Storrs PC on

The last several weeks have brought us two decisions in which issues of family law intersected with T&E issues. First, the decision in Heystek v. Duncan, Case No. 15-P-1201, 2016 Mass. App. Unpub. LEXIS 1113 (Nov. 21,...more

Update Beneficiary Designations After Divorce or Annulment

by Carlton Fields on

On July 1, 2015, the Florida Fourth District Court of Appeal held, with a few exceptions, upon entry of a final judgment of dissolution or annulment, any provision of a will that “affects” a former spouse is void under...more

Affair Website Ashley Madison Fined $8.75 Million Over Data Breach, Misrepresentations

by Ballard Spahr LLP on

The Federal Trade Commission (FTC) has entered into a multimillion dollar settlement with the owners and operators of AshleyMadison.com, a dating website for people interested in having discreet affairs, related to the...more

Ashley Madison Settles with FTC and State AGs for $1.6 Million

We have previously reported on the Ashley Madison data breach and subsequent litigation. On December 14th, Ashley Madison announced that it has agreed to pay $1.6 million and implement additional security measures to settle...more

4 Ways DIY Divorces Can Lead to Disaster

by McNees Wallace & Nurick LLC on

The number of websites offering “do-it-yourself” divorces has exploded in recent years, with many sites advertising services for less than $200. While these sites may be useful for informational purposes, relying solely on...more

A Post-Mortem, Spousal Surprise: Can My Husband Write Me Out of His Will?

by LeClairRyan on

Imagine this potentially devastating situation. Your spouse unexpectedly dies. You find his will and discover, shockingly, that he left everything to his adult son (or his mistress)! Is there anything you can do? This...more

Divorce Case Spanning Continents Spawns Discovery Sanctions For Company’s Failure To Produce Documents Physically Located Abroad

by Carlton Fields on

The Eleventh Circuit affirmed a district court’s order compelling discovery and awarding contempt sanctions after a man refused to answer discovery requests and defied orders requiring production of documents in a divorce...more

State Laws Encourage Employers to Honor Veterans

by Littler on

The tradition of annually recognizing the courage and contribution of veterans dates back to November 11, 1919, the first anniversary of the end of World War I. November 11 became a national holiday in 1938, and employers in...more

MoFo New York Tax Insights - Volume 7, Issue 11

by Morrison & Foerster LLP on

ALJ Permits Only Minimum Penalties for Failure to File Information Returns - A New York State Administrative Law Judge has rejected the maximum penalties imposed by the Department of Taxation and Finance on an...more

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