News & Analysis as of

Surviving Spouse Probate

Bowditch & Dewey

What Happens if I Die Without a Valid Will in Massachusetts?

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As estate planning attorneys, a question that often arises with new and prospective clients is, “What happens if I die without a will?” The short answer is this: if you die without a valid will in Massachusetts, state law...more

Warner Norcross + Judd

More Marriages Being Contested In Probate Litigation

Warner Norcross + Judd on

We are increasingly seeing more disputes over the validity of marriages in probate litigation. A recurring fact pattern is that a romantic partner will attempt to orchestrate a marriage to the second partner, who is suffering...more

Downey Brand LLP

Unilateral Severance of Joint Tenancy Must Be Unequivocal and Irrevocable

Downey Brand LLP on

Can a California will sever a joint tenancy such that the decedent’s interest in real property passes per will’s terms instead of vesting in the surviving joint tenant(s)? Additionally, when a general partnership dissolves...more

Downey Brand LLP

California Court Reconciles Ownership Presumptions in Probate Disputes

Downey Brand LLP on

When Dad bought a house solely in his name, can Stepmother claim a community property interest after Dad has died? Perhaps yes. The answer lies at tricky intersections of California probate law and family law. While family...more

Holland & Hart LLP

2020 Cost of Living Adjustment of Certain Dollar Amounts Under Colorado Probate Code

Holland & Hart LLP on

The 2020 cost of living adjustments of certain dollar amounts under the Colorado Probate Code has been published by the Colorado Department of Revenue. Probate practitioners should be aware of the change in figures related to...more

Holland & Hart LLP

Ric Ocasek’s Personal Representative Is In For a Bumpy Ride

Holland & Hart LLP on

On September 15, 2019, Ric Ocasek, singer, songwriter, and guitarist of The Cars, died in his Manhattan residence. He was found that morning by his wife, Paulina Porizkova, a supermodel and celebrity in her own right, as she...more

Burns & Levinson LLP

Why You Need a Trust

Burns & Levinson LLP on

People often ask “Why do I need a trust?” Some folks think they can get by with a simple will. Here is why you probably need more than that...more

Winstead PC

The Texas Supreme Court Holds That The Only Consideration In Probating A Will After The Four-Year Limitations Period Is Evidence...

Winstead PC on

In Ferreira v. Butler, a husband and wife divorced, and the husband married a second wife. No. 17-0901, 2019 Tex. LEXIS 375 (Tex. April 12, 2019). The second wife died, and the husband never probated her will, which left...more

Goulston & Storrs PC

Probate and Fiduciary Litigation Newsletter – February 19, 2019

Goulston & Storrs PC on

Welcome to our first newsletter of 2019! Leighton v. Hallstrom, 94 Mass. App. Ct. 439 (2018) - In Leighton, the Appeals Court vacated a final decree of the Plymouth Probate and Family Court settling an intestate estate....more

Holland & Hart LLP

2018 Cost of Living Adjustment of Certain Dollar Amounts Under Colorado Probate Code

Holland & Hart LLP on

The 2018 cost of living adjustment list of certain dollar amounts under the Colorado Probate Code has been published by the Colorado Department of Revenue. It is important for probate practitioners to be aware of these...more

Obermayer Rebmann Maxwell & Hippel LLP

Who Determines How to Celebrate Your Life and the Disposition of You When You Die?

An often-overlooked step in the estate planning process is determining how you want the world to celebrate your life and determining your final resting place. If not addressed, conflict may occur because different loved ones...more

Roetzel & Andress

You Get A Car! Everybody Gets A Car!

Roetzel & Andress on

Lobbying from various organizations resulted in Ohio House Bill 432, known as the “omnibus probate bill.” This bill has made some significant changes in estate law. Specifically, upon the death of a spouse, Ohio Revised Code...more

Proskauer Rose LLP

Wealth Management Update - November 2014

Proskauer Rose LLP on

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

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