News & Analysis as of

Wills Personal Representatives

Warner Norcross + Judd

How Should a Personal Representative Respond When Interested Persons Disagree Over Validity of a Proffered Will?

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The Michigan Court of Appeals recently issued a decision that offers guidance as to how a personal representative should respond when the interested persons disagree over the validity of a proffered will. In re Estate of...more

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

Burns & Levinson LLP

Battle of the Wills: The Legal Battle of Aretha Franklin’s Estate

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You may have heard of the Battle of the Bands, but have you ever heard of the Battle of the Wills? Aretha Franklin died in 2018, but the legal battle over her estate continues today in the Michigan Probate Courts....more

Dunlap Bennett & Ludwig PLLC

What Happens To A Person’s Assets Upon Their Death

Dealing with the death of a family member or close friend can be a very difficult and daunting task. Knowing what to expect can make the process seem less overwhelming and less stressful. After handling funeral arrangements,...more

Ruder Ware

Authorization for Final Disposition

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Estate Planning Attorney Shanna Yonke explores Wisconsin’s default law regarding who gets to make decisions regarding the disposition of your body, funeral arrangements, and other matters that arise after your death.  She...more

Bowditch & Dewey

Anne Heche Estate Battle Highlights Importance of Selecting an Executor or Personal Representative for Your Estate

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In a tragic car accident, at age 53, actress Anne Heche, known best for her roles in Donnie Brasco, and Six Days, Seven Nights, passed away on August 11, 2022. Heche’s two sons, Homer (age 20) and Atlas (age 13), survived...more

Bowditch & Dewey

10 Reasons to Review Your Current Estate Plan

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Estate plans are supposed to be living documents that evolve over time. Generally, you should review your plan every 5 years to stay current, or whenever you or your beneficiaries have a major life event such as marriage, the...more

Bowditch & Dewey

Tales from the Docket – Single Parent Dies Without a Will

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A divorced person died leaving 2 children under the age of 18 years of age. The decedent did not have a Last Will and Testament (“Will”), which means that we did not know who the decedent wished to nominate as the Personal...more

Ruder Ware

Step-By-Step Overview of Probate

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“Probate” is a legal term for the Court process of transferring assets out of a deceased person’s name and to that person’s heirs and/or beneficiaries. The difference between the term “heir” and the term “beneficiary” is...more

Burns & Levinson LLP

Beyond the Will – November/December 2020

Burns & Levinson LLP on

Welcome back to Beyond the Will, where we are excited to introduce you to the Smiths and the Alexanders, made-up people with a wild accumulation of made-up factual circumstances that raise all kinds of probate and fiduciary...more

Weintraub Tobin

The Tale Of Choupette The Cat And Other Common Issues In Trust And Estate Litigation

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When Karl Lagerfeld passed away in February of 2019 in France, many speculated that his cat, Choupette, was well provided for as part of his estimated $150 million estate. This pampered feline was much loved by Mr. Lagerfeld...more

Troutman Pepper

Digital Planning Podcast: Funerals360

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The Digital Planning Podcast is designed to educate individuals about all things digital in connection with estate planning, business planning and estate administration. Your hosts, Jennifer Zegel, Ross Bruch and Justin...more

Bass, Berry & Sims PLC

The COVID-19 Pandemic and Personal Planning

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The coronavirus (COVID-19) has impacted the lives of millions across the globe, causing the loss of loved ones and livelihoods and heightening concerns for health and personal and financial safety. In these uncertain times,...more

Jaburg Wilk

Your Guide to Essential Estate Planning Documents

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If you’re like most people, there is a laundry list of things you’d rather do than think about your estate plan. While it can be a challenging area to discuss, your estate plan is essential to ensure you and your family are...more

Adler Pollock & Sheehan P.C.

Insight on Estate Planning - February/March 2020: Executors and trustees: The name game

It’s important to name executors and trustees who can provide the necessary expertise in handling assets and duties. This article details the duties of an executor and a trustee. A sidebar explains the need to name successors...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Hindsight in 2020: The Biggest Reasons Relatives Wish Their Loved One Had An Estate Plan

We have all heard the phrase that hindsight is 20/20. Often, going through a situation is one of the best ways to learn how to navigate it, or help others, if one encounters a similar scenario in the future. But what about...more

Holland & Hart LLP

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

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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

Conn Kavanaugh

Discussing Death and Dying

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A morbid topic? Of course! But for our older clients and their adult children in the sandwich generation (young children of their own and aging parents) having the discussion can be extremely beneficial to both the elder and...more

Cozen O'Connor

As Aretha Franklin’s Heirs Dispute Control Of Estate, Judge Orders Court Supervision

Cozen O'Connor on

When Aretha Franklin died in August 2018, at age 76, the initial belief that she left no will, followed by the discovery of three wills in her Detroit-area home, foreshadowed the potential emotional and financial...more

Weintraub Tobin

What Aretha Franklin’s Estate Teaches Us About The Pitfalls Of Handwritten Wills

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Typically, only those of us who are trusts and estates attorneys geek out over the fascinating problems that handwritten wills create. But when those wills were written by a music icon worth $80 million, suddenly this topic...more

Cranfill Sumner LLP

Understanding Trusts: Do you need one? What are the? How do they work?

Cranfill Sumner LLP on

One of the most common questions clients ask is whether they need a trust. While they are usually seeking a “yes” or “no” answer, as with most legal questions, the correct answer usually is, “It depends.” The answer depends...more

Farrell Fritz, P.C.

Wills, Trusts & Estates: Plain and Simple – What Does an Executor Do?

Farrell Fritz, P.C. on

An Executor (technically, Executrix if a woman) is the person you appoint to carry out your wishes as expressed in your Will. The Executor’s job lasts a relatively short period of time, typically two to three years, ending...more

Downey Brand LLP

California Probate Administration Is No Time for Napping

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In the absence of a trust that allows assets to pass without opening probate, the California probate process lasts for at least six months and can run much longer depending on the size of the estate and the nature of assets....more

Chambliss, Bahner & Stophel, P.C.

Discovery of Aretha Franklin's Handwritten Wills Throws Her Estate Into Turmoil

Legendary singer Aretha Franklin was thought to have died without a will, but the recent discovery of handwritten documents in her home is calling that into question. A representative of her estate has asked a Michigan...more

Winstead PC

Texas Statutes Now Allow A Court To Modify Or Reform An Unambiguous Will

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I. Introduction Historically, Texas courts could not resort to extrinsic evidence to construe an unambiguous will. San Antonio Area Foundation v. Lang, 35 S.W.3d 636 (Tex. 2000)....more

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