News & Analysis as of

Beneficiaries Personal Representatives

Foster Swift Collins & Smith

Legal-Ease: What Happens to a Family Member's Bank Account After Death?

Dear Jonathan: My father, a widower, passed away a couple of months ago. Being his only child, he appointed me as his agent on his durable power of attorney so that I can handle his bill paying which I have been doing for the...more

Warner Norcross + Judd

How Should a Personal Representative Respond When Interested Persons Disagree Over Validity of a Proffered Will?

Warner Norcross + Judd on

The Michigan Court of Appeals recently issued a decision that offers guidance as to how a personal representative should respond when the interested persons disagree over the validity of a proffered will. In re Estate of...more

Bowditch & Dewey

What Happens if I Die Without a Valid Will in Massachusetts?

Bowditch & Dewey on

As estate planning attorneys, a question that often arises with new and prospective clients is, “What happens if I die without a will?” The short answer is this: if you die without a valid will in Massachusetts, state law...more

Goulston & Storrs PC

Probate & Fiduciary Litigation Newsletter - November 2023

Goulston & Storrs PC on

This newsletter is intended to keep readers informed about developments in probate and fiduciary litigation in Massachusetts and New York. Our lawyers are at the forefront of this area of the law, shaping how it is handled in...more

Downey Brand LLP

A Risky Game: Can An Estate Representative Be Their Own Lawyer?

Downey Brand LLP on

You’ve probably heard that “He who represents himself has a fool for a client,” an adage dating back to the 17th century and commonly attributed to Abraham Lincoln (but not by me – I first heard it on an episode of...more

Burns & Levinson LLP

Battle of the Wills: The Legal Battle of Aretha Franklin’s Estate

Burns & Levinson LLP on

You may have heard of the Battle of the Bands, but have you ever heard of the Battle of the Wills? Aretha Franklin died in 2018, but the legal battle over her estate continues today in the Michigan Probate Courts....more

Dunlap Bennett & Ludwig PLLC

What Happens To A Person’s Assets Upon Their Death

Dealing with the death of a family member or close friend can be a very difficult and daunting task. Knowing what to expect can make the process seem less overwhelming and less stressful. After handling funeral arrangements,...more

Warner Norcross + Judd

A Reminder of a Fiduciary’s Duty to Use Forms Approved by the State Court Administrative Office

Warner Norcross + Judd on

This week, the Michigan Court of Appeals released its decision in In re Estate of Joel Solomon Weingrad, Docket No 360247, 2023 WL 3397437 (Mich Ct App May 11 2023) (unpublished), which stands for three principles in estate...more

Winstead PC

Court Affirmed Removal Of An Administratrix For Gross Mismanagement

Winstead PC on

In In the Est. of Lemme, an administratrix of an estate hired her boyfriend to do legal work. No. 07-21-00300-CV, 2022 Tex. App. LEXIS 8829 (Tex. App.—Amarillo December 1, 2022, no pet. history). ...more

Conyers

Estate Administration in the British Virgin Islands: the Relevant Factors for the Removal of an Administrator or Executor

Conyers on

The holding company of many corporate groups trading in Asia is frequently incorporated in an offshore financial centre such as the British Virgin Islands (“BVI”). It is therefore common for high-net-worth individuals...more

Burns & Levinson LLP

How to Fire Your Fiduciary

Burns & Levinson LLP on

There may come a time in your life when you are in need of a fiduciary. A fiduciary relationship is deemed to exist when one party is bound to act for the benefit of another party. You may have the opportunity to choose your...more

Bowditch & Dewey

Anne Heche Estate Battle Highlights Importance of Selecting an Executor or Personal Representative for Your Estate

Bowditch & Dewey on

In a tragic car accident, at age 53, actress Anne Heche, known best for her roles in Donnie Brasco, and Six Days, Seven Nights, passed away on August 11, 2022. Heche’s two sons, Homer (age 20) and Atlas (age 13), survived...more

Downey Brand LLP

Another Broad Reading of the Elder Abuse Act Protects Seniors

Downey Brand LLP on

We “ring” in 2022 with a recent case that again shows the long reach of statutory financial elder abuse claims in California trust and estate litigation. In Ring v. Harmon (2021) ___ Cal.App.5th ___, the Court of Appeal...more

Goulston & Storrs PC

Probate & Fiduciary Litigation Newsletter - December 2021

Goulston & Storrs PC on

Daughter with Power of Attorney Had Burden to Show No Undue Influence over Father - Coscia v. Sweezey, 2021 WL 4765696 (Mass App. Ct. October 13, 2021) - Does holding a power of attorney from a parent in declining...more

Bowditch & Dewey

10 Reasons to Review Your Current Estate Plan

Bowditch & Dewey on

Estate plans are supposed to be living documents that evolve over time. Generally, you should review your plan every 5 years to stay current, or whenever you or your beneficiaries have a major life event such as marriage, the...more

Ruder Ware

Step-By-Step Overview of Probate

Ruder Ware on

“Probate” is a legal term for the Court process of transferring assets out of a deceased person’s name and to that person’s heirs and/or beneficiaries. The difference between the term “heir” and the term “beneficiary” is...more

Burns & Levinson LLP

Beyond the Will – November/December 2020

Burns & Levinson LLP on

Welcome back to Beyond the Will, where we are excited to introduce you to the Smiths and the Alexanders, made-up people with a wild accumulation of made-up factual circumstances that raise all kinds of probate and fiduciary...more

Weintraub Tobin

The Tale Of Choupette The Cat And Other Common Issues In Trust And Estate Litigation

Weintraub Tobin on

When Karl Lagerfeld passed away in February of 2019 in France, many speculated that his cat, Choupette, was well provided for as part of his estimated $150 million estate. This pampered feline was much loved by Mr. Lagerfeld...more

Lewitt Hackman

When There is Only a Will There’s No Way You’re Avoiding Probate

Lewitt Hackman on

A common misconception is that when you die with a Will, your heirs avoid probate. In California when you die with a Will and the total assets owned in your sole name exceed $166,250, your estate goes through probate (a court...more

Smith Debnam Narron Drake Saintsing & Myers,...

Estate Administration Mistakes to Avoid

If you have been named or appointed as the personal representative (also sometimes called “executor” or “administrator”) for a loved one’s estate, it is important to understand the responsibilities the role entails. Missteps...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

Chambliss, Bahner & Stophel, P.C.

Do You Have the Right Fiduciary?

A fiduciary is a fancy legal term for the person who will take care of your property for you if you are unable to do it yourself, such as the executor of an estate, the trustee of a trust, or an attorney-in-fact under a power...more

Downey Brand LLP

Beware of Dormant Creditor Claims in California Probate Cases

Downey Brand LLP on

California’s probate process aims to expeditiously identify and resolve the claims of creditors against decedents. Creditors who are unsophisticated, or who simply do not learn of the decedent’s passing, may find themselves...more

Goulston & Storrs PC

Probate & Fiduciary Litigation Newsletter – October 2019

Goulston & Storrs PC on

The Probate & Fiduciary Litigation Newsletter compiles recent Trust & Estate cases. Our lawyers are at the forefront of this area of the law, shaping how it is handled in the Probate and Family Court. ...more

Farrell Fritz, P.C.

Wills, Trusts & Estates: Plain and Simple – What Does an Executor Do?

Farrell Fritz, P.C. on

An Executor (technically, Executrix if a woman) is the person you appoint to carry out your wishes as expressed in your Will. The Executor’s job lasts a relatively short period of time, typically two to three years, ending...more

38 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide