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Wills, Trusts, & Estates law-news Zoning, Planning & Land Use

Read Wills, Trusts, & Estate Planning updates, articles, and legal commentary from leading lawyers and law firms:
Burns & Levinson LLP

Challenging a Will: What We Can Learn From Priscilla Presley

Burns & Levinson LLP on

Elvis Has Left the Building - In 1977, when Elvis Presley died (to put a complicated situation very simply), his estate and any future royalties generated by his intellectual property, including his music, passed into a...more

Rivkin Radler LLP

Accounting for Digital Assets in Your Estate Plan

Rivkin Radler LLP on

The beginning of March marked the collapse of crypto-focused Silvergate Bank. That same month, the bank shut down its Silvergate Exchange Network, which allowed clients with holdings in digital currency to move U.S. dollars...more

Lasher Holzapfel Sperry & Ebberson PLLC

Estate Planning 101: Making Bequests to Charity

Many clients opt to make charitable donations to further charitable intentions and to perhaps help reduce estate tax exposure in the process. Charities often fulfill needs and perform work that the government does not...more

Kohrman Jackson & Krantz LLP

Major Shift in Ohio Law Now Permits Postnuptial Agreements

In a major shift in Ohio law, Ohio spouses are now legally permitted to enter into postnuptial agreements as of March 23, 2023. After a long history (more than 130 years) of rejecting postnuptial agreements, Ohio joins 48...more

Kohrman Jackson & Krantz LLP

New Ohio Postnuptial Agreements and Estate Planning

For more than 130 years, Ohio has strictly prohibited postnuptial agreements and spouses were not able to enter into agreements with each other that altered their spousal rights. Additionally, Ohio has restricted amendments...more

Gray Reed

Illegitimate Heirs – Paternity: “Hi, I Think Your Dad is Also My Dad”

Gray Reed on

Mary Goodblood grew up believing that she was the only daughter of Jillion Goodblood. One day, 25 years after Jillion died and ironically after the lucrative sale of the Goodblood family business was plastered on the front...more

Rivkin Radler LLP

What Trustees and Executors Should Know About FDIC Coverage

Rivkin Radler LLP on

Recent headlines about bank closures have prompted people to check their personal bank accounts to make sure the balances are under the $250,000 FDIC insurance limits. The Federal Deposit Insurance Corporation (FDIC) is an...more

Downey Brand LLP

He Who Has the Gold Does Not Always Rule–Court Reinforces Trustee’s Duty of Neutrality

Downey Brand LLP on

It has become more common for trustors to select someone who is not a beneficiary of the trust estate, often a close relative, to serve as trustee. While the “crown” of trusteeship imbues that trustee with tempting powers –...more

Adler Pollock & Sheehan P.C.

Estate Planning Pitfall: You Haven’t Made Funeral Arrangements

No one likes to contemplate his or her own death but making funeral arrangements is a necessary evil of estate planning. Family members usually are distressed in the immediate aftermath of a loved one’s death....more

Husch Blackwell LLP

Exploring Trust Account Exposure to Bank Failure

Husch Blackwell LLP on

Prompted by recent news coverage detailing the collapse of Silicon Valley Bank and Signature Bank New York, some of our clients have asked us the question: What is my exposure in the event of bank failure? In response to this...more

Winstead PC

Texas Supreme Court Affirms The Release In A Family Settlement Agreement That Protected A Former Trustee’s Estate From Claims And...

Winstead PC on

In Austin Trust Co. v. Houren, beneficiaries of a trust executed a family settlement agreement with the former trustee’s estate. No. 21-0355, 2023 Tex. LEXIS 285 (Tex. March 23, 2023)....more

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

Even when statute law permits inclusion in inter vivos trust instruments of in terrorem (no-contest) clauses, equity will have the...

Introduction. An in terrorem (no-contest) clause in an inter-vivos trust instrument provides for forfeiture of the attendant equitable property rights of any beneficiary who “contests the trust.” A contest might take the form...more

Warner Norcross + Judd

Two Methods to Curtail a Litigious Beneficiary in Probate Court

Warner Norcross + Judd on

In the Estate of Beverly Howe (Mich Ct App March 9, 2023) (unpublished), the Court of Appeals reviewed two tools employed at the probate court level to address a litigious beneficiary whose claims were causing the estate and...more

Rivkin Radler LLP

Got a Charitable Interest? Revisiting the Registration Requirements for Charitable Estates and Trusts

Rivkin Radler LLP on

Frequently, estates and trusts have charitable beneficiaries. Trusts and estates attorneys should familiarize themselves with the rules that require certain estates and trusts to register and make periodic filings with the...more

Bowditch & Dewey

Important Provisions from SECURE Act 2.0 for Individuals and Nonprofits

Bowditch & Dewey on

On December 29, 2022, the Securing a Strong Retirement Act (commonly referred to as SECURE Act 2.0) was signed into law. This is follow-up legislation to the Setting Every Community Up for Retirement Enhancement Act, which...more

Rivkin Radler LLP

Estate Planning Lessons from the Presley Family

Rivkin Radler LLP on

Attention-grabbing headlines declare that Priscilla Presley is challenging Lisa Marie Presley’s trust. The facts of the case, as they appear in the court filing, are not as dramatic as the headlines, but the controversy...more

Warner Norcross + Judd

More Marriages Being Contested In Probate Litigation

Warner Norcross + Judd on

We are increasingly seeing more disputes over the validity of marriages in probate litigation. A recurring fact pattern is that a romantic partner will attempt to orchestrate a marriage to the second partner, who is suffering...more

Winstead PC

Court Affirmed The Decision To Not Probate A Copy Of A Lost Will

Winstead PC on

In In re Est. of Brown, a charity attempted to probate a copy of a lost will. No. 01-19-00953-CV, 2022 Tex. App. LEXIS 9259 (Tex. App.—Houston [1st Dist.] December 20, 2022, no pet. history)....more

Arnall Golden Gregory LLP

When Copyright Law Limits Your Testamentary Freedom: Statutory Heirs Hate This One Trick . . .

Under the laws of the United States, we enjoy what is known as “testamentary freedom.” Although there are exceptions to the general rule — such as minimum amounts that automatically pass to, or can be claimed by, a surviving...more

Chambliss, Bahner & Stophel, P.C.

What Can an SNT Pay for Without Affecting SSI or Medicaid?

Funds held in a properly drafted special needs trust (SNT) will not affect a Supplemental Security Income (SSI) or Medicaid recipient’s benefits. However, funds disbursed in a manner that violates SSI or Medicaid rules can...more

Chambliss, Bahner & Stophel, P.C.

Estate Planning: An At-a-Glance Overview

Estate planning, or legacy planning, entails preparing your affairs for the future, including death and other life events. While older adults might give more thought to estate planning, it is an essential tool at any age....more

ArentFox Schiff

Incapacity and Succession Planning for Closely Held Businesses and the People Who Operate Them

ArentFox Schiff on

In this installment of the Private Company Strategies podcast, William D'Angelo and Sarah Severson discuss the business risks of not having incapacity and succession plans in place, as well as the need for uniform processes...more

Chambliss, Bahner & Stophel, P.C.

Deducting Long-Term Care Insurance Premiums in 2023

Are you a taxpayer who has purchased long-term care insurance (LTCI)? Take note of your policy details and your premium amount, as you may be able to deduct the cost – or at least part of it – from your 2023 income....more

Dunlap Bennett & Ludwig PLLC

Partition Of Real Estate In Virginia: A General Overview

It is not unusual for joint owners of property to disagree on how to use that property or divide their interests in it. Family inheritance is a common culprit of these conflicts. Particularly where someone has died intestate,...more

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

Only the trust, as opposed to the will, can facilitate the inter vivos bestowal on others of vested yet retrievable property...

Consider the following hypothetical: Testator executes a will (signs, has witnessed, etc.) that specifically devises (bequeaths pre-UPC) his Rolls-Royce to X, a named individual. Period. Testator’s intention is that if X...more

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Updated: Dec 28, 2021:

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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