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Wills, Trusts, & Estates Updates

Read Wills, Trusts, & Estate Planning updates, articles, and legal commentary from leading lawyers and law firms:
Lewitt Hackman

How Cohabitation Agreements Legally Secure Your California Relationship Without Marriage

Lewitt Hackman on

Although a common misconception, common law marriages in California do not exist. In fact, the state stopped recognizing this type of marriage in 1895. However, an option exists for California couples seeking legal...more

Dentons

Wills, Trusts, and Powers of Attorney: What's The Best Estate Plan For You?

Dentons on

This article explores essential estate-planning documents, including the key differences and similarities between a Last Will and Testament and a Revocable Living Trust, along with other crucial documents that build a...more

Lasher Holzapfel Sperry & Ebberson PLLC

Trust Administration vs. Will Probate: Which Process is Best for You?

When planning your estate in Washington State, one of the most common questions is whether to use a Revocable Living Trust (RLT) or a Will. Most are curious because of the horrors they hear or the experience they’ve had with...more

Tannenbaum Helpern Syracuse & Hirschtritt LLP

Beyond Estate Planning – Why Divorce Attorneys Need to Know About IRC § 2516

During most divorce proceedings, the legal focus tends to center on important topics such as child custody, spousal support, and the equitable distribution of marital assets....more

Offit Kurman

Dividing Private Equity the Smart Way: Protecting Both Sides in Divorce

Offit Kurman on

Private equity assets add a layer of complexity to divorce that goes beyond the standard division of bank accounts and retirement plans. These interests often involve tiered payout structures, vesting schedules, capital...more

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

In breach-of-trust litigation where adequacy of fiduciary disclosure is in question, the trustee’s motion for summary judgment...

Assume trustee of an irrevocable inter vivos trust leases entrusted land to an entity that employs the trustee. All rents properly accrue to the trust estate. The beneficiaries assert, however, that the trustee may have...more

Farrell Fritz, P.C.

Score Another Round for the Estate: First Department Upholds Right of Deceased LLC Member’s Executor to Pursue Member Rights

Farrell Fritz, P.C. on

In recent years this blog has closely followed caselaw developments concerning the powers of estate representatives of deceased LLC members to exercise member rights under Section 608 of the LLC Law....more

Winstead PC

Court Held That The TCPA Did Not Apply To A Sanctions Motion In A Trust Dispute And That Contingent Remainder Beneficiaries Had...

Winstead PC on

In White v. White, plaintiffs sued their uncles and their aunts for breaches of fiduciary duties related to the uncles’ individual trusts. No. 03-24-00110-CV, 2025 Tex. App. LEXIS 3643 (Tex. App.—Austin May 29, 2025, no...more

Winstead PC

Court Holds That An Estate Beneficiary Does Not Have Standing To Bring Claims Owned By The Estate While The Estate Is Pending

Winstead PC on

In Serna v. Banks, the central legal issue addressed was whether an heir has standing to bring tort claims (such as breach of fiduciary duty, conversion, fraud, and negligence) for property belonging to a decedent’s estate...more

Davidoff Hutcher & Citron LLP

Protecting Your Restaurant’s Future: Estate Planning Considerations During Divorce

For restaurant owners, divorce isn’t just about dividing assets—it’s about protecting the legacy you’ve built and ensuring the future of your business remains secure. Amidst the emotional and financial challenges of a...more

Procopio, Cory, Hargreaves & Savitch LLP

5 Action Items Required Now Before Selling Your S Corporation in Two Years

Selling a business is one of the most significant events in an entrepreneur’s life. Most of the transaction process will be driven by the market, a buyer’s goals, or industry dynamics outside of the seller’s control. There...more

Shumaker, Loop & Kendrick, LLP

The Estate Planner, November/December 2025

The One Big Beautiful Bill Act (OBBBA) has made the gift, estate and generation-skipping transfer (GST) tax exemptions permanent. This brings a great deal of certainty to estate planning. And now even fewer taxpayers need to...more

Warner Norcross + Judd

The Calm After the Plan: Preventing Estate and Trust Contests Before They Begin

Warner Norcross + Judd on

When you’ve worked hard for what you have, the last thing you want is to see it lost in a contest over your estate. Perhaps more important than the financial cost of an estate contest is the emotional cost. Few events can...more

Carey Olsen

The Trustee Amendment Act 2025 - Bermuda

Carey Olsen on

Bermuda has long been at the forefront of modern fiduciary practice and the recent introduction of new trust legislation further bolsters Bermuda’s position as a leading offshore fiduciary centre. The Trustee Amendment Act...more

Conyers

Cayman Islands Reform: Perpetual Trusts — A Strategic Opportunity for Middle Eastern Families

Conyers on

The Perpetuities (Amendment) Act, 2024 (the Act) has now been in effect for just over a year marking a significant evolution in the Cayman Islands trust law framework. This legislative reform allows for the disapplication of...more

Goldberg Segalla

No Privity, No Claim?

Goldberg Segalla on

The defense of legal malpractice claims often hinges on a deceptively simple question: did the attorney breach their duty owed to their client?...more

Farella Braun + Martel LLP

The Hangover: GST Tax Issues, Asset Protection, Income Tax Residency vs. Domicile, and Other Safeguards

Welcome to The Verdict: Estate Planning Through Film. Today, I’m joined by Justin Miller, a Partner and National Director of Wealth Planning at Evercore Wealth Management and Evercore Trust Company, to discuss the movie The...more

Whiteford

Seeking Accounting Information from an Agent under a Power of Attorney: Who Can Request an Accounting from an Agent Under a Power...

Whiteford on

When someone acts as an agent under a power of attorney, they are entrusted with significant responsibility over another person’s property, finances, and affairs. Disputes may arise regarding what the agent is doing or has...more

Offit Kurman

Is Your Will Valid After You Move? How Relocation Affects Your Estate Plan

Offit Kurman on

According to a recent study conducted by Consumer Affairs, the average American moves 11.7 times in their lifetime. While the majority of these moves occur within the same county, or city, millions of Americans move every...more

Davidoff Hutcher & Citron LLP

Estate Planning Essentials for NYC Restaurant Owners

Running a restaurant in New York City is demanding, but planning for the future is just as crucial as daily operations. Without a solid estate plan, a restaurant owner risks legal disputes, unnecessary taxes, and business...more

Davidoff Hutcher & Citron LLP

Business Succession Planning for Restaurant Owners: Protecting Your Legacy

For restaurant owners, business succession planning is crucial to ensuring a smooth transition of ownership while protecting the legacy of their establishment. Whether the goal is to pass the restaurant to family, sell to a...more

Offit Kurman

Building Legacy Through Conversation with Jason Brown

Offit Kurman on

In this episode of the Sandwich Generation Survival Guide, host Candace Dellacona welcomes Jason Brown, a legacy strategist and entrepreneur. Jason shares his compelling life story from being a young entrepreneur in...more

McNees Wallace & Nurick LLC

Petitions to review, modify, or terminate a guardianship: New law establishes protective timelines

When a guardianship is no longer needed or circumstances change, families and individuals may face delays while waiting for a court to review their request. A new Pennsylvania law is designed to address that problem....more

Offit Kurman

Spotlight on Intestacy: Liam Payne and the Importance of Planning Ahead

Offit Kurman on

When One Direction's 31-year-old band member, Liam Payne, fell from an Argentinian hotel balcony to his tragic death in October 2024, he left his then 8-year-old son, Bear, fatherless. However, as the sole heir to his...more

Haynsworth Sinkler Boyd, P.A.

Estate Planning Checklist: Protect Your Legacy and Your Loved Ones

Creating or updating your estate plan ensures that your assets, health and legacy are managed according to your wishes. In recognition of National Estate Planning Awareness Month, Haynsworth Sinkler Boyd’s Mac McLean shared...more

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