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

Does a Trustee Have A Duty to Investigate Whether the Trust Document is Valid?

Winstead PC on

Elderly persons often sign new estate documents, including trusts and trust amendments. Certainly, all persons with competence and without improper influences have the right to leave their property to whoever, and however,...more

Winstead PC

Court Reversed Order Holding That A Will Had Been Revoked Where There Was No Present Intent To Do So

Winstead PC on

In In re Estate of Wright, decedent’s son appealed an order finding that his mother died intestate. No. 13-23-00043-CV, 2024 Tex. App. LEXIS 8078 (Tex. App.—Corpus Christi November 21, 2024, no pet. history)....more

Downey Brand LLP

Estate of Tarlow and the Spirit of the Law– When Sibling Rivalries Extend Beyond the Grave

Downey Brand LLP on

Justice Stephen Field wrote for a unanimous Supreme Court in the 1869 case of United States v. Kirby that “The reason of the law . . . should prevail over its letter.” Justice Field wrote these words in support of a decision...more

Offit Kurman

Estate Planning: Peace of Mind for Uncertain Times

Offit Kurman on

In the late 19th century, death was almost fashionable. Funerals were well attended and even rivaled weddings in their splendor and expense. Department stores offered an array of luxury clothing for grieving mothers and...more

Stark & Stark

Addressing Issues with an Accounting by an Executor of an Estate

Stark & Stark on

Prior to the distribution of an estate by an executor to its beneficiaries, an executor must prepare an accounting which outlines the assets of an estate, its liabilities, and the expenses paid by an estate prior to actual...more

Walkers

Trusts & transparency: Key considerations for trustees in an evolving legal landscape

Walkers on

The Cayman Islands is a leading jurisdiction in the establishment and management of trusts; this is highlighted by the variety of structures that can be utilised, including the flexible discretionary trust and STAR trusts,...more

Hinckley Allen

The Essential Guide to Document Preservation for Estate and Business Planning

Hinckley Allen on

Over the course of a lifetime, each of us will accumulate a small mountain of documents, paperwork that is often carelessly tossed in a drawer and then, perhaps, eventually discarded. Though much of this paperwork is...more

Farella Braun + Martel LLP

Charitable Split-Interest Trust Planning With Dale Schroeder and Anneke Niemira - Part One

Welcome to EO Radio Show – Your Nonprofit Legal Resource. In today's episode, Cynthia Rowland's guests are Dale Schroeder and Anneke Niemira at NewEdge Wealth, and our topic is charitable split-interest trusts. These come in...more

Farella Braun + Martel LLP

Charitable Split-Interest Trust Planning With Dale Schroeder and Anneke Niemera - Part One

Welcome to EO Radio Show – Your Nonprofit Legal Resource. In today's episode, Cynthia Rowland's guests are Dale Schroeder and Anneke Niemera at NewEdge Wealth, and our topic is charitable split-interest trusts. These come in...more

Offit Kurman

Why You Need to Update Your Estate Planning After a Divorce

Offit Kurman on

Divorce is a major life change that affects far more than just your relationship status. One crucial—but often overlooked—aspect that needs immediate attention after a divorce is your estate plan. Failing to update your...more

Kohrman Jackson & Krantz LLP

Baseline vs. the Byrd Rule: What’s Next for the Gift and Estate Tax?

On April 10, 2025, the House of Representatives narrowly approved the Senate’s version of the FY 2025 budget resolution, which it passed on April 5, formally aligning both chambers on President Trump’s legislative tax agenda....more

Goulston & Storrs PC

Executor Nominated by Decedent Deemed Unfit to Serve

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When is the executor nominated by the decedent in a will deemed unfit to serve as executor? Rarely – but a recent decision in Surrogates Court set forth the standard and deemed the nominated executor in that case unfit to...more

Lewitt Hackman

Second Marriage Prenup: Protecting Your Assets and Loved Ones

Lewitt Hackman on

While second marriages represent a fresh start and an exciting journey, consider the potential financial and legal outcomes before you re-tie the knot. A prenuptial agreement (prenup), a contract that outlines both spouses’...more

Goulston & Storrs PC

Land Court’s Invalidation of Deed as the Result of Undue Influence Affirmed

Goulston & Storrs PC on

What constitutes undue influence sufficient to invalidate a deed? In Erikson v. Erikson, 105 Mass. App. Ct. 1115 (February 24, 2025), the Appeals Court of Massachusetts affirmed the Land Court’s invalidation of a deed on the...more

Adler Pollock & Sheehan P.C.

What’s My Collection Worth? Proper Estate Planning is Important When Accounting for Works of Art

If you possess paintings, sculptures or other art pieces, they may represent a significant portion of your estate. Thus, these assets must be properly accounted for in your estate plan....more

The Estate Lawyers

Estate Law Update: Millions More California Homes Eligible to Bypass Full Probate Process

The Estate Lawyers on

Before shifting my practice from estate planning to estate litigation, I witnessed up close the challenges and frustrations associated with the California probate process. That has changed for many Californians. Assembly Bill...more

Farrell Fritz, P.C.

How Tariffs Impact Business Transfers

Farrell Fritz, P.C. on

The Administration’s tariff policies have contributed to significant volatility in the stock market. Even brief announcements regarding new tariffs often trigger immediate declines in stock prices. This volatility is largely...more

Proskauer Rose LLP

Wealth Management Update - April 2025

Proskauer Rose LLP on

The April 2025 Section 7520 rate for use with estate planning techniques such as CRTs, CLTs, QPRTs and GRATs is 5.00%, which is 0.40% less than the March 2025 rate. The April applicable federal rate (“AFR”) for use with a...more

Winstead PC

Court Reversed Order Setting Aside The Probating Of A Will Where The Evidence Was Insufficient To Support The Order

Winstead PC on

In In re Estate of Johnson, an administrator and a third party appealed the trial court’s judgment setting aside the probate of the decedent’s will, removing the administrator, and voiding the sale of an estate asset to the...more

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

May a Mentally Incapacitated Trustee Be Held Personally Liable for His Breaches of Trust?

Assume sole trustee of an irrevocable discretionary trust for benefit of deceased settlor’s descendants living from time to time suffers a sudden unforeseen mental disability that causes trustee to imprudently administer the...more

Winstead PC

Court Dismissed An Appeal From A Probate Court Order Due To A Lack Of Jurisdiction

Winstead PC on

In In re Estate of Carr, the court of appeals dismissed an appeal from a probate court order due to a lack of jurisdiction. No. 04-23-00287-CV, 2024 Tex. App. LEXIS 7827 (Tex. App.—San Antonio November 6, 2024, no pet....more

Falcon Rappaport & Berkman LLP

Foreclosure Process Clarification: No Pre-Foreclosure Notice Required to be Served on Appointed Estate Fiduciary for Deceased...

In a significant legal victory for lenders, the Supreme Court of New York recently ruled in favor of our lender client in a residential foreclosure action against the estate of its borrower. This decision confirms that...more

Conyers

Cayman STAR Trusts: A Powerful Structure for Employee Benefit Trusts and Master Insurance Policies

Conyers on

The Cayman Islands is a premier jurisdiction for innovative trust structures, and its STAR trusts have gained prominence for their flexibility and utility in corporate settings. STAR Trusts are a form of trust that is unique...more

Kohrman Jackson & Krantz LLP

Baselines and the Bottom Line: How Congress’s Choice Could Determine the Fate of the Estate Tax Exemption

As lawmakers advance toward the critical 2025 tax cliff, a key—and increasingly contentious—policy question is coming into sharper focus: What should Congress assume about the future when it scores the cost of extending the...more

Winstead PC

Texas Supreme Court Declines The Chance To Rule On Whether There Is A Right To A Jury Trial In A Trust Modification Suit

Winstead PC on

In In re Troy S. Poe Trust, a co-trustee of a trust filed suit to modify the trust to increase the number of trustees and change the method for trustees to vote on issues as well as other modifications, including, incredibly,...more

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