News & Analysis as of

Wills Beneficiaries Personal Property

Rivkin Radler LLP

Back to Basics: Wills & Revocable Trusts

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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

Downey Brand LLP

How Can We Reduce Conflict Over the Allocation of Mom’s Wedding Ring and Other Tangible Property?

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We often see siblings litigate in California over the allocation of tangible personal property held in the family trust. When Mom and Dad have passed, the tug of war may involve jewelry, paintings, photos, firearms,...more

Foley & Lardner LLP

Preventing Post-Death Issues for a Wisconsin Will: Where There’s a Will, There’s a Way

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A deceased individual (i.e., the decedent) has often taken the initiative during his or her lifetime to create a will designating the individuals who will receive the decedent’s remaining assets. However, the decedent may...more

Lathrop GPM

Handle Your Estate Plan Like Royalty

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​​​​​​​The services following the death of Her Majesty Queen Elizabeth II might have many of us thinking about our own estate planning. One striking piece of information about Her Majesty was that she had planned out many...more

Stark & Stark

Tangible vs. Intangible Assets in Estate Administration

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Under a Last Will and Testament, a decedent disposes of both their tangible personal property as well as their intangible personal property. Questions might arise in the context of administering an Estate, however, as to...more

Hendershot Cowart P.C.

Executor Mishandling the Estate? Watch for These Warning Signs:

When it comes to handling your loved one’s estate, the executor has a series of important duties and responsibilities. If you suspect an executor is mishandling their responsibilities or mismanaging estate assets, you can...more

Adler Pollock & Sheehan P.C.

Estate Planning Pitfall: You Don’t Have a Residuary Clause in Your Will

You may spell out specific bequests in your will, such as giving your grandchild your prized collectibles or dividing up jewelry among nieces, nephews and other family members. But what about the rest of the “stuff” that’s...more

Winstead PC

Court Affirmed Trial Court’s Reformation Of A Will To Omit The Word “Personal” From The Term “Property” In A Residuary Clause

Winstead PC on

In Odom v. Coleman, a brother and a sister sued each other regarding their father’s estate. No. 01-19-00669-CV, 2020 Tex. App. LEXIS 9551 (Tex. App.—Houston [1st Dist.] December 8, 2020, no pet.)....more

Proskauer Rose LLP

Precious Metals Now Deemed Tangible Personal Property in Florida

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Effective July 1, 2020, there is a new law in Florida (Section 731.1065 of the Florida Probate Code) that treats "precious metals in any tangible form, such as bullion or coins, kept and acquired for their historical,...more

Winstead PC

Court Holds That Devise Of “Personal Property” In A Will Included Tangible And Intangible Property, Including Money In Bank...

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In In re Estate of Debra E. Hunt v. Arabia Vargas, a trial court granted summary judgment interpreting a will to devise a large share of the testatrix’s personal property to her life partner. No. 01-19-00216-CV, 2020 Tex....more

Weintraub Tobin

This Time, It’s Personal: Beware The Misleading Use Of “Personal Property” In Your Estate Planning Documents

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It is generally accepted that “personal property” refers to all property aside from real property. But in California, that isn’t always the case when it comes to making gifts of your property in a will or a trust. California...more

Chambliss, Bahner & Stophel, P.C.

Five Estate Planning Myths

There are lots of misconceptions about estate planning, and any one of them can result in costly mistakes. Understanding who needs an estate plan and what it should cover is key to creating a plan that is right for you....more

Winstead PC

Court Holds That Testatrix Died Partially Intestate And That The Term “Personal Effects” In A Will Did Not Include Real Property

Winstead PC on

In In re Estate of Ethridge, a testatrix signed a will that provided that “all my personal effects” would be devised to her nephew in law and that her half interest in a home went to another person. No. 11-17-00291-CV, 2019...more

Amundsen Davis LLC

What Happens If You Die Without A Will?

Amundsen Davis LLC on

A will is a legal document designating the transfer of your property and assets after you die. Although creating a will is not a difficult process, about half of all Americans die without one. ...more

Ruder Ware

Who Gets Your Property if You Die Without a Will?

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Some clients decide to hire an attorney to prepare their estate planning documents because they do not like the default laws in Wisconsin about who gets their property if they die without a will. In Wisconsin, if you die...more

Smith Debnam Narron Drake Saintsing & Myers,...

Understanding the Difference Between a ‘Per Stirpes’ and ‘Per Capita’ Distribution

When it comes to your estate plan, there are a lot of decisions you’ll have to make. Arguably, one of the most important decisions involves identifying to whom, and how, you want assets to pass when you die. Whether you...more

Ruder Ware

I Want to Avoid Probate...Right?

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In my opinion, education is the most impactful aspect of my role as an estate planning attorney. I often tell the story that when I first decided upon estate planning – over ten years ago – I excitedly told my husband that I...more

Ward and Smith, P.A.

Weathering the Storm: How to Get Your Affairs in Order

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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

Burns & Levinson LLP

When Do You Need to Create, Review, or Redo Your Estate Plan?

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People don’t like to think about their wills—even people with an awful lot of property to pass on. Aretha Franklin and Prince are two wealthy celebrities who died without a will—and the former knew she was sick with cancer...more

Bowditch & Dewey

The Second Time Around: Estate Planning for Blended Families

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Estate planning is about formalizing your intentions for what will happen when you pass away. For those in a second marriage with children from a prior relationship, it is even more important to spell out your intentions and...more

Winstead PC

Court Held That A Testator Was Partially Intestate And Did Not Leave His Real Property To His Niece Under His Will

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In In re Estate of Neal, Larry Ronald Neal executed a will in which he bequeathed his personal property to his niece, Valorie Jean White, and omitted a devise to his daughter. No. 02-16-00381-CV, 2017 Tex. App. LEXIS 10541...more

Downey Brand LLP

Look! Up in the Sky! It’s Sibling Lawyer!

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I’m a sibling lawyer. My career started early, as a middle child, and now continues as a Sacramento-based trust and estate litigation attorney. Most of my clients are grappling with sisters or brothers over the care and...more

Ward and Smith, P.A.

How Non-Probate Assets Can Affect Your Estate Plan: A Few Cautionary Tales

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When you think about the control of your possessions and assets after your death, you probably think of a Will and probate. A Will is a written, legally enforceable declaration that states how you wish your assets to be...more

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