News & Analysis as of

Wills

Farrell Fritz, P.C.

A Gift Horse with Rotten Teeth: When Equity Bequests Violate Transfer Restrictions or Buy-Sell Agreements

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How often do hopeful beneficiaries of a last will and testament expect to receive what they think will be a valuable bequest of a business interest, only to find their joy turn to despair when they discover the bequest...more

Husch Blackwell LLP

Planning to Avoid Fiduciary Litigation

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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

Schwabe, Williamson & Wyatt PC

The Grad Pack: Estate Planning for Newly-Minted Adults

Did you know that as soon as your child turns 18, you lose automatic access to their health, school, and financial information? When a child turns 18 and becomes a legal adult, it’s a momentous occasion—filled with...more

Lippes Mathias LLP

Disproportionate Inheritance and Objections to Probate

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Did your father give you a nominal bequest but gave his favorite daughter the bulk of the estate? Were you bequeathed the family dog and $10,000, but your mother’s boyfriend of six months was to receive the Lamborghini and...more

Lerch, Early & Brewer

Ten Reasons Why You Should Prepare a Will

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Creating a last will and testament is the first step in creating an estate plan – a critical planning tool to ensure that your wishes are honored and that your loved ones are cared for after your death....more

Bowditch & Dewey

Remember to Adjust Your Estate Plan During or After a Divorce

Bowditch & Dewey on

Married couples often have wills naming one another as their primary beneficiary. People also often name their spouse as beneficiary of retirement accounts and life insurance policies. Upon commencing a divorce action,...more

Saiber LLC

Empower Your Parents & Secure Their Legacy

Saiber LLC on

No matter how much planning you do, you can never be too prepared to face the future of caring for your aging parents. While it may not be the most comfortable topic, having an open and honest discussion allows you to...more

Dunlap Bennett & Ludwig PLLC

The Importance Of Estate Planning For Young Adults- Why Estate Planning Is Crucial

You just landed your first “real” job and are looking forward to the exciting opportunities ahead. Your new job is accompanied by a 401k and opening a savings account. You have a car and you are thinking about buying your...more

Winstead PC

Court Affirmed The Removal Of An Executor For Gross Mismanagement

Winstead PC on

In Gordon v. Gordon, a couple created a revocable trust and named a friend, who provided financial advice, as successor trustee. No. 03-22-00454-CV, 2024 Tex. App. LEXIS 3611 (Tex. App.—Austin May 23, 2024, no pet. history)....more

Dunlap Bennett & Ludwig PLLC

Dying In Maryland Without A Will? The New Intestacy Law In Maryland Leaves Surviving Children And Parents To Fend For Themselves

Dying without a valid will in place is never a good idea. In the absence of your testamentary intent your assets are left to the whims of the current intestacy laws of the state in which you reside. In Maryland, those laws...more

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

Whether an equitable power of appointment incident to a trust relationship is “in gross” or “collateral”: The practical...

Section 17.3, comment f, of the Restatement (Third) of Property (Wills and Other Donative Transfers) explains the difference between a collateral power of appointment and a power of appointment in gross: “In traditional...more

Fleurinord Law PLLC

The Tragic Death of Migos Rapper Takeoff: A Wake-Up Call for Young Adults to Plan Their Estates

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The untimely death of rapper Takeoff, a member of the Grammy-nominated hip-hop trio Migos—also consisting of rappers Quavo and Offset—left fans, family, and the music industry in shock. Born Kirshnik Khari Ball, Takeoff’s...more

Bowditch & Dewey

Key Estate Planning Adjustments to Make After Your Spouse Passes Away

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The period after a spouse passes away is an emotional time of mourning. However, there are a handful of estate planning adjustments that you should make to protect your estate under the new conditions....more

Kohrman Jackson & Krantz LLP

Are You Ready for National Make-a-Will Month? Ten Essential Questions You Need to Answer

August is “National Make-a-Will” Month, the perfect opportunity to seriously consider your estate plan. Many delay this crucial task due to common misconceptions about what an estate involves. Here, we delve deeper into what...more

Bowditch & Dewey

Do Your Beneficiary Designations Coordinate with Your Will?

Bowditch & Dewey on

Many people fear the word probate, and it is not without reason. Probate can be a tedious, expensive and lengthy process, where you are at the whim of the court’s timeline. But what is probate? Probate is when you must...more

Winstead PC

Court Affirmed Dismissing Application To Probate Foreign Will

Winstead PC on

In In re Est. of De Chavez, a party filed an application to probate a Mexican will under Texas Estates Code Section 501.001 where the decedent was domiciled in Texas at the time of her death. No. 08-23-00072-CV, 2024 Tex....more

Lippes Mathias LLP

Understanding the Role of an Estate Representative and Choosing the Right Individual for your Estate Plan

Lippes Mathias LLP on

Once you have taken the essential step in formulating your estate plan, you must name an executor of your Will. Whom should you designate for this significant role, and what is expected of them?...more

Adler Pollock & Sheehan P.C.

Estate Planning Pitfall: You Haven’t Informed Your Family About Your Estate Plan

There’s no question that creating an estate plan can be a major undertaking. But finally putting all the pieces of your plan together can bring peace of mind. However, it’s beneficial to take the next step and talk to your...more

Winstead PC

Court Affirmed Order Admitting Will To Probate Over Undue Influence Allegation And Over An Alleged Subsequent Holographic Codicil...

Winstead PC on

In Mynard v. Degenhardt, a decedent’s grandson offered a will to probate, and his aunt opposed that admission due to an alleged holographic codicil that allegedly revived a previous will. No. 14-22-00773-CV, 2023 Tex. App....more

Miller Canfield

Michigan’s Uniform Power of Attorney Act Goes into Effect Today

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The Uniform Power of Attorney Act (“UPOAA”) was signed into law by Michigan Governor Gretchen Whitmer on November 7, 2023. Taking effect on July 1, 2024, the UPOAA repeals and replaces the durable power of attorney provisions...more

Foster Swift Collins & Smith

Legal-Ease: What are my Responsibilities as Fiduciary of an Estate?

Dear Jonathan: My parents just updated their estate plan and told me that they named me in their wills, their trust and their financial and health care durable powers of attorney to act for them when they can no longer act...more

Foster Swift Collins & Smith

Legal-Ease: What is the Downside of DIY Estate Planning?

Dear Jonathan: I am thinking about preparing my own estate planning documents, including a will, powers of attorney and a trust. A close friend of mine just went through this process and it cost her thousands of dollars and I...more

Foster Swift Collins & Smith

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

This is the second of three articles addressing the topic of what needs to be done when a spouse or loved one passes away. My last article addressed the immediate things that need to be done prior to the decedent’s funeral...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

Foster Swift Collins & Smith

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

Dear Jonathan: Can you provide a general summary of what needs to be done when a person’s spouse or loved one passes away? Jonathan: When a spouse or loved one dies there are many things that need to be addressed by the...more

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