News & Analysis as of

Asset Management Trusts Probate

Schwabe, Williamson & Wyatt PC

Estate Plan Maintenance

Having a fantastic estate plan does not mean much if you do not take steps to implement and maintain it. Just like your car, your estate plan requires maintenance. We have a few tips to help you keep your estate plan up to...more

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

Parsing the Uniform Trust Code in Isolation Without Regard to the Uniform Probate Code and the Uniform Powers of Appointment Act...

Intro. The Uniform Trust Code (UTC) is a mere aggregation of tweaks to the corner of equity jurisprudence that long ago gave birth to and currently stewards the trust relationship, hereinafter “the background trust law.”...more

Adler Pollock & Sheehan P.C.

Estate Planning Red Flag: You’re Attempting to Create Your Estate Plan with DIY Tools

Interested in trying to prepare your own estate plan? There are resources available to assist you, such as online services, computer software and how-to books. Do-it-yourself (DIY) estate planning may save you hundreds or...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

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

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

Rivkin Radler LLP

Starting a Difficult but Important Discussion

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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

Offit Kurman

Ethical Wills: The Heart of Your Estate Plan

Offit Kurman on

When most people think of estate planning, Trusts and Last Wills and Testaments usually come to mind. I have spent my career espousing the essential tools for ensuring an efficient transfer of assets from one generation to...more

Schwabe, Williamson & Wyatt PC

Fostering Harmony in Your Estate Plan

Planning for your own incapacity or death can be a stressful experience, not just for yourself, but for anyone who will be affected by the plan. Here are some considerations that may preserve the peace within your family, now...more

Poyner Spruill LLP

Clear Drafting in Estate Planning: Lessons from Abitol v. Clark

Poyner Spruill LLP on

The North Carolina Court of Appeals’ recent decision on December 3, 2024 in Abitol v. Clark highlights the critical role of clear drafting in estate planning and raises novel legal questions regarding the inheritance rights...more

Allen Barron, Inc.

Trust and Estate Planning for Business Owners

Allen Barron, Inc. on

Why is the end of the year a good time to consider trust and estate planning for business owners? Do you own real property or have other investments outside your business interests? Have you given any thought to what would...more

The Estate Lawyers

Divorce Need Not Ignite Estate Litigation, But Too Often It Does

The Estate Lawyers on

Certain life events demand that estate planners work with client testators to adjust their estate plans. Divorce and remarriage are at the top of that list. When matrimony devolves into acrimony – setting the stage for...more

Carey Olsen

Wills and estates in the Cayman Islands

Carey Olsen on

Without advance planning the task of determining an individual’s final wishes and administering a deceased’s estate can be time-consuming and expensive. Set out below is a summary of the various ways in which an individual...more

Husch Blackwell LLP

Planning to Avoid Fiduciary Litigation

Husch Blackwell LLP on

When a loved one dies, the last thing you want to deal with is a lawsuit, or have your heirs inherit a lawsuit. After the death of a maternal or paternal figure that keeps the family together, tensions flare between siblings...more

Mandelbaum Barrett PC

Navigating Probate Litigation in New York: A Comprehensive Guide

Mandelbaum Barrett PC on

Probate litigation can be a complicated and emotionally taxing process, especially in a state like New York known for its stringent probate laws. When disputes arise over the distribution of assets or the validity of a will,...more

Bowditch & Dewey

Estates Under $2 Million – Do I Need an Estate Plan?

Bowditch & Dewey on

With the exciting and long overdue news of the increase in the Massachusetts estate tax exemption from $1 million to $2 million for decedents dying on or after January 1, 2023, many Massachusetts residents have been left...more

Bowditch & Dewey

Estate Planning for Child-Free Adults

Bowditch & Dewey on

DURING YOUR LIFE - When preparing your estate plan, it is of utmost importance to ensure that you have documents in place so your spouse or another trusted individual can make medical and financial decisions on your...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

Robins Kaplan LLP

Wearing the Right Hat

Robins Kaplan LLP on

As demonstrated in our Gold Medal Bakery case, with corporate fiduciary claims, there can be thought-provoking challenges and issues presented by the question of whether a claim is direct or derivative. Probate and trust...more

Sands Anderson PC

Don’t Pay Lawyers Unnecessarily When You Die

Sands Anderson PC on

It may seem odd to hear a lawyer say this, but much of my work as an estate planner is helping people avoid future entanglements with lawyers. I regularly help my estate planning clients identify places where litigation or...more

Ruder Ware

Will or Trust: Which is Right for Me?

Ruder Ware on

One of the most common questions asked by our clients is, “What is the difference between a will and a trust, and which is right for me?”  Last week, I provided a brief summary of the differences between these two common...more

Downey Brand LLP

What California Trust and Estate Litigation Will Arise from the Economic Downturn?

Downey Brand LLP on

The COVID-19 pandemic has idled workers and the coming weeks will bring more news of business closures and bankruptcies. After a decade of sustained growth, we are facing a recession of uncertain depth and duration. The New...more

Bowditch & Dewey

Trust Funding: the Overlooked Estate Planning Tool

Bowditch & Dewey on

Many clients create an estate plan, then put the documents safely away, until they are needed. However, they have forgotten to complete one final important step. Trust funding is the most overlooked estate planning tool....more

Downey Brand LLP

Mind Your Notice in California – Even Remote Contingent Beneficiaries May Need to Be Served

Downey Brand LLP on

It’s unremarkable that California courts require that notice be given to affected beneficiaries in trust and probate proceedings. After all, the Fourteenth Amendment guarantees that no person will be deprived of life,...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

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