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Wills, Trusts, & Estates Family Law

Read Wills, Trusts, & Estate Planning updates, articles, and legal commentary from leading lawyers and law firms:
Adler Pollock & Sheehan P.C.

Financial Power of Attorney -To Spring or Not to Spring?

A financial power of attorney (POA) can be a critical component of your estate plan. It appoints a trusted representative (often called an agent) to make financial decisions on your behalf in the event you’re unable to do so....more

Offit Kurman

Understanding Inheritance and Equitable Distribution in South Carolina Divorce

Offit Kurman on

Dividing assets in a divorce is often a complicated and emotional process, and when inheritance is involved, the stakes can be even higher. In South Carolina, inherited property is generally considered separate from marital...more

Pullman & Comley, LLC

Petitioning for De Facto Parentage

Pullman & Comley, LLC on

The Connecticut Parentage Act has introduced a new way for people to become legal parents in the state. A de facto parentage petition can now establish the same legal relationship between a child and the individual as its...more

Foster Swift Collins & Smith

Legal-Ease: What Happens to Assets If I Do No Estate Planning at All?

Dear Jonathan: Based on my research, I feel like I’m pretty well versed in what I am supposed to do when it comes to creating an estate plan for myself. Everything I have read says that I should have a will, powers of...more

Kohrman Jackson & Krantz LLP

Wendy Williams’ Conservatorship Battle: A Cautionary Tale on Estate Planning

Wendy Williams’ ongoing legal battle over her financial conservatorship has reignited public debate on the complexities of incapacity planning. Although she allegedly executed a power of attorney (POA) in favor of her son,...more

Warner Norcross + Judd

Slayer Statute — Does a Crime Committed Against the Decedent Impact Inheriting from the Decedent under Michigan Law?

Yes, depending on the nature of the crime and if convicted. In re Donald F. Clark Trust, Court of Appeals January 16, 2025 (unpublished). This appeal involved the probate court's winddown of the Donald F. Clark Trust....more

Rivkin Radler LLP

Wills, Trusts & Estates: Plain and Simple Advance Directives

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It is important for all adults to have advance directives in place to ensure that your wishes will be carried out if you become incapacitated. There are three basic types of advance directives: a living will, a health care...more

Proskauer Rose LLP

Wealth Management Update - February 2025

Proskauer Rose LLP on

February 2025 Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts - The February applicable federal rate (“AFR”) for use with a sale to a defective grantor...more

Offit Kurman

Two Wills That Revoke Each Other

Offit Kurman on

Welcome to Lost in Translation: Blunders in International Estate Planning; in this blog series, I will delve into the rarified world of international estate planning, shedding light on possible pitfalls and slip-ups. Blunder...more

Walkers

The Alphabet Trust and its benefits for South African families

Walkers on

As wealth management evolves, South African high-net-worth individuals ("HNWIs") are increasingly looking for efficient offshore structures to protect and grow their assets. One such option is "The Alphabet Trust" -...more

Offit Kurman

The Estate Planning Benefits of Marriage: What Unmarried Couples Need to Know

Offit Kurman on

It is becoming increasingly commonplace for people to enter long-term romantic relationships without legally marrying. While there are no exact statistics on how many Americans fall into this growing category, a 2019 Pew...more

Offit Kurman

Inheritance Rights of Domestic Partners: A Comparison Between New York and New Jersey Laws

Offit Kurman on

Domestic partnerships are legal arrangements between two individuals that grant some of the same rights and benefits as marriage. While domestic partnerships are recognized in many states, inheritance rights can differ...more

Offit Kurman

Not Hiring a Qualified Appraiser and Realizing the True Value of Art and Collectibles

Offit Kurman on

For federal estate and gift tax purposes, transfers are valued at the “fair market value” of the asset on the date of transfer. One of the more common estate tax audit issues is the failure to properly report the value of...more

Conn Kavanaugh

Five Reasons to Review and Update your Estate Plan (at least) Every Five Years

Conn Kavanaugh on

You’ve signed your estate plan – congratulations! The most important step is complete. But the next most important step with respect to your estate planning is yet to come. That step is to review your plan as time passes....more

Awatif Mohammad Shoqi Advocates & Legal...

Registration Of Wills By Expats

With certain Emirates in the UAE allowing property ownership for expats in the region, an increasing number of individuals are now buying properties and investing in other assets in the UAE. Consequently, it has become...more

Farrell Fritz, P.C.

Does Counsel Have a Duty to Disclose to a Surrogate’s Court the Fact That Hearing Evidence That Counsel Proffers Has Been...

Farrell Fritz, P.C. on

On February 14, 2025, I will be speaking at the Suffolk Academy of Law’s annual Elder Law Update, addressing current developments in artificial intelligence (“AI”) that are relevant to trusts and estates practice, among other...more

Allen Barron, Inc.

Passing a Business or Wealth to Your Children

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A well-structured trust is often a central estate planning tool for small businesses and closely held family business owners when passing a business or wealth to your children. This includes heirs, beneficiaries, and future...more

Fox Rothschild LLP

More on the Intersection of Family Law, Estate Law and Federal Law

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In November of 2023, I did a post on this blog titled The Intersection of Family Law, Estate Law and Federal Law, regarding the reported Appellate Division case In the Matter of Michael D. Jones, Deceased. That case dealt...more

Offit Kurman

Not Maintaining an Up-to-Date Inventory of Art and Collectibles for Estate Planning

Offit Kurman on

A well-organized inventory is essential for effectively managing and planning the distribution of collectibles, including art. Clients may struggle to track their assets without an inventory, making future distribution and...more

Shook, Hardy & Bacon L.L.P.

Judgment Secured in Case Alleging Mismanagement of Artist's Trust

A five-year legal dispute between heirs of the renowned artist Thomas Hart Benton and the trust department that administered and managed the Benton Trust produced a significant ruling last month in Jackson County, Missouri...more

Cohen Seglias Pallas Greenhall & Furman PC

Breaking Down the IRS's 2025 Inflation Adjustments for Estate and Gift Planning

The IRS has released new inflation-adjusted figures that can impact your estate and gift planning. These numbers seem like a lot to sift through, but understanding them could make a big difference in your financial future....more

Rivkin Radler LLP

Starting a Difficult but Important Discussion

Rivkin Radler LLP on

Looking for a way to stop family arguments over politics? Well, who isn’t. A quick way to derail a familial political scuffle: Quietly announce that you want to talk about your will. The silence should be automatic. It’s...more

Downey Brand LLP

So What is a Trust, Really? Newell v. Superior Court and the Worst Party Game Ever

Downey Brand LLP on

Hey everybody – it’s January! How was your New Year’s Eve? How did you celebrate? Did you go to a party? Did you host a party? Were there games at your party? What kind of games? Charades? Jenga?  Maybe you went crazy and...more

Adler Pollock & Sheehan P.C.

How an HSA Can Benefit Your Estate Plan

A Health Savings Account (HSA) can positively affect your estate plan. How? In addition to serving as a viable option to reduce health care costs, an HSA’s funds grow on a tax-deferred basis. In fact, an HSA is similar to a...more

Warner Norcross + Judd

Decanting: Useful for Trusts as Well as Wine

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You likely have created revocable or irrevocable trusts, or a few of both, in your estate plan. Ideally, these have been properly drafted with plenty of flexibility so that they can continue to meet your wealth planning goals...more

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