News & Analysis as of

Trusts Probate

Proskauer Rose LLP

Wealth Management Update - September 2024

Proskauer Rose LLP on

The September 2024 Section 7520 rate for use with estate planning techniques such as CRTs, CLTs, QPRTs and GRATs is 4.8%, a decrease from the August 2024 rate of 5.2%. The September applicable federal rate (“AFR”) for use...more

Husch Blackwell LLP

Planning to Avoid Fiduciary Litigation

Husch Blackwell LLP on

When a loved one dies, the last thing you want to deal with is a lawsuit, or have your heirs inherit a lawsuit. After the death of a maternal or paternal figure that keeps the family together, tensions flare between siblings...more

Downey Brand LLP

No Such Thing as a Free Ride: Section 859 Awards Can Now Go To Whoever Does the Work

Downey Brand LLP on

Newcomers to probate litigation are frequently surprised by how differently things work in probate court, as opposed to your more straightforward civil courts. (And how do those newcomers know how civil courts work?  Law &...more

Winstead PC

Court Granted Motion To Abate A Suit To Remove A Trustee In District Court Because A First Filed Suit In A County Court At Law Had...

Winstead PC on

In In re Kelly, a former executor and the trustee of a testamentary trust initiated a probate proceeding in a county court at law. No. 11-24-00066-CV, 2024 Tex. App. LEXIS 3735 (Tex. App.—Eastland May 30, 2024, original...more

Newburn Law

Understanding Gun Trusts: A Comprehensive Guide For Firearm Owners

Newburn Law on

A gun trust is a specialized legal tool designed to help firearm owners manage and transfer firearms in compliance with federal and state laws. It provides a secure framework for owning, managing, and passing down firearms,...more

Warner Norcross + Judd

How Solid is the Stipulated Order for Paying Litigation-related Attorney Fees from a Trust?

The Michigan Court of Appeals recently issued an interesting ruling regarding the ability of a litigant in probate litigation to recover attorney fees from the trust in dispute, even if all parties agree to such payment. In...more

Foster Swift Collins & Smith

Legal-Ease: Steps for When a Loved One Passes Away - Part Three

This is my third and final article addressing what needs to be done after a person passes away. Part 1 addressed what a person needs to do prior to the decedent’s funeral. Part 2 addressed those things that don’t typically...more

Mandelbaum Barrett PC

Navigating Probate Litigation in New York: A Comprehensive Guide

Mandelbaum Barrett PC on

Probate litigation can be a complicated and emotionally taxing process, especially in a state like New York known for its stringent probate laws. When disputes arise over the distribution of assets or the validity of a will,...more

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

Uniform Trust Code (UTC) and Uniform Voidable Transactions Act (UVTA) could be better coordinated in the Domestic Asset...

In a Sept. 11, 2023 JDSUPRA posting I questioned the doctrinal and practical utility of partial legislative codifications of equity’s principles-based jurisprudence, such as the UTC, the very institution of the trust being a...more

Allen Barron, Inc.

Estate Planning for Business Owners

Allen Barron, Inc. on

What are some of the fundamental issues when estate planning for business owners? Why should every business owner have an estate plan? What are some of the primary issues to address in an effective estate plan for those who...more

Mandelbaum Barrett PC

Understanding Estate Planning: Are Wills Public Record? – Your Questions Answered

Mandelbaum Barrett PC on

Exploring the Visibility of Wills: Understanding Public Record in Estate Planning - Wills serve as vital documents outlining the distribution of finances, possessions, and property after an individual’s passing. It’s common...more

Allen Barron, Inc.

What do You Need to Know About A Trust and Why?

Allen Barron, Inc. on

Most US homeowners and business owners understand the importance of an estate plan; they just never seem to get around to completing the task. What do you need to know about a trust? Why are trusts a central component of any...more

Husch Blackwell LLP

Guide to Reviewing Your Estate Plan

Husch Blackwell LLP on

Because so many things can change with time, we recommend that our clients review their estate plans every three to five years and update plans as needed. These periodic reviews help to ensure that your affairs are in order,...more

Mandelbaum Barrett PC

Are Wills Public Record?: Estate Planning Q&A

Mandelbaum Barrett PC on

Wills contain important information about who receives money, possessions, and property upon a person’s death. Many often ask, who can view this information, and is it a public record? Once your will goes through probate, it...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

Downey Brand LLP

The Roadrunner Always Wins: Hamilton v. Green and the Limits of Creativity

Downey Brand LLP on

As a child, your parents, teachers, and/or some other adult influence probably sat you down and recounted Aesop’s classic fable, The Tortoise and the Hare. “Slow and steady wins the race,” they told you. The slow, methodical,...more

Adler Pollock & Sheehan P.C.

Estate Planning Pitfall: You Didn’t Retitle Assets to be Included in a Trust

There are numerous benefits of using trusts in your estate plan. For example, trusts can maximize the tax code provisions shielding assets from gift and estate taxes, protect assets from the clutches of creditors or...more

Warner Norcross + Judd

How Much Evidence is Necessary for a Will or Trust Contestant to Carry Burden of Proof?

Warner Norcross + Judd on

The Michigan Court of Appeals recently issued a decision that addresses how much evidence is necessary for a will or trust contestant to carry burden of proof. In this case, the decedent, Matthew, entered an assisted living...more

Warner Norcross + Judd

When are Probate Court Decisions and Arbitration Decisions of Probate Disputes Appealable?

Warner Norcross + Judd on

In the recent case In Laureen Gordon Revocable Trust, the Michigan Court of Appeals digs into these questions. Gordon Trust involved a fight between an uncle and his niece and nephew primarily over the distribution of family...more

Dunlap Bennett & Ludwig PLLC

Why Should I Work With A Probate Litigation Attorney?

If you expect to face disputes over the allocation of your loved one’s estate, retaining a probate litigation attorney might be the right choice. Here’s what you need to know about hiring an experienced attorney who can help...more

Kohrman Jackson & Krantz LLP

Securing Your Legacy: Embracing Digital Estate Planning with iOS Legacy Contact

UNDERSTANDING ESTATE PLANNING MISCONCEPTIONS - There’s a misconception that estate planning is mainly for the wealthy or those concerned with asset protection. In reality, estate planning serves the practical purpose of...more

Bowditch & Dewey

Estates Under $2 Million – Do I Need an Estate Plan?

Bowditch & Dewey on

With the exciting and long overdue news of the increase in the Massachusetts estate tax exemption from $1 million to $2 million for decedents dying on or after January 1, 2023, many Massachusetts residents have been left...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

Blank Rome LLP

No One Can Contest a New York Will If It Includes an In Terrorem Clause. Right? Right?!?!?!!?

Blank Rome LLP on

Unfortunately, including an in terrorem (“no contest”) clause in your Will does not make it impenetrable under New York law....more

Winstead PC

Colorado Case Holds That A Beneficiary’s Lifestyle Is Judged At The Time That The Settlor Dies Or When The Trust Becomes...

Winstead PC on

In Reece Trust v. Reece, a husband created a trust for his wife, and they then began divorce proceedings. No. 22CA1393, 2023 COA 89, 2023 Colo. App. LEXIS 1456 (Colo. App. September 28, 2023)....more

106 Results
 / 
View per page
Page: of 5

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide