News & Analysis as of

Beneficiaries Trusts Probate

Proskauer Rose LLP

Wealth Management Update - September 2024

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The September 2024 Section 7520 rate for use with estate planning techniques such as CRTs, CLTs, QPRTs and GRATs is 4.8%, a decrease from the August 2024 rate of 5.2%. The September applicable federal rate (“AFR”) for use...more

Husch Blackwell LLP

Planning to Avoid Fiduciary Litigation

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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

Downey Brand LLP

No Such Thing as a Free Ride: Section 859 Awards Can Now Go To Whoever Does the Work

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Newcomers to probate litigation are frequently surprised by how differently things work in probate court, as opposed to your more straightforward civil courts. (And how do those newcomers know how civil courts work?  Law &...more

Newburn Law

Understanding Gun Trusts: A Comprehensive Guide For Firearm Owners

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A gun trust is a specialized legal tool designed to help firearm owners manage and transfer firearms in compliance with federal and state laws. It provides a secure framework for owning, managing, and passing down firearms,...more

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

Uniform Trust Code (UTC) and Uniform Voidable Transactions Act (UVTA) could be better coordinated in the Domestic Asset...

In a Sept. 11, 2023 JDSUPRA posting I questioned the doctrinal and practical utility of partial legislative codifications of equity’s principles-based jurisprudence, such as the UTC, the very institution of the trust being a...more

Mandelbaum Barrett PC

Understanding Estate Planning: Are Wills Public Record? – Your Questions Answered

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Exploring the Visibility of Wills: Understanding Public Record in Estate Planning - Wills serve as vital documents outlining the distribution of finances, possessions, and property after an individual’s passing. It’s common...more

Allen Barron, Inc.

What do You Need to Know About A Trust and Why?

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Most US homeowners and business owners understand the importance of an estate plan; they just never seem to get around to completing the task. What do you need to know about a trust? Why are trusts a central component of any...more

Lippes Mathias LLP

Considerations When Choosing Between a Trust vs. Will Estate Plan

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There are a number of considerations to make when deciding whether to proceed with a Will-based estate plan or a trust-based estate plan. First, as a general matter, there are two ways in which your estate can be distributed...more

Dunlap Bennett & Ludwig PLLC

Why Should I Work With A Probate Litigation Attorney?

If you expect to face disputes over the allocation of your loved one’s estate, retaining a probate litigation attorney might be the right choice. Here’s what you need to know about hiring an experienced attorney who can help...more

Bowditch & Dewey

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

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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

Lasher Holzapfel Sperry & Ebberson PLLC

Estate Planning – Do I Need a Revocable Living Trust?

One of the most common questions we hear from our clients is “do I need a revocable living trust?” While in some states a revocable living trust is a vital component of any estate plan due to those state’s probate laws,...more

Blank Rome LLP

No One Can Contest a New York Will If It Includes an In Terrorem Clause. Right? Right?!?!?!!?

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Unfortunately, including an in terrorem (“no contest”) clause in your Will does not make it impenetrable under New York law....more

Winstead PC

Colorado Case Holds That A Beneficiary’s Lifestyle Is Judged At The Time That The Settlor Dies Or When The Trust Becomes...

Winstead PC on

In Reece Trust v. Reece, a husband created a trust for his wife, and they then began divorce proceedings. No. 22CA1393, 2023 COA 89, 2023 Colo. App. LEXIS 1456 (Colo. App. September 28, 2023)....more

Winstead PC

[Webinar] Fiduciary Litigation Update 2022-2023 - December 19th, 10:00 am - 11:00 am CT

Winstead PC on

This update will address the following issues: whether a party has a right to jury trial in trust modification and other similar actions, what are the standards for pretrial receivership and injunctive relief in trust...more

Allen Barron, Inc.

Estate and Tax Planning for US Expatriates

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What are the most important elements of estate and tax planning for US expatriates?  Are you planning to move out of the United States?  Are you a US taxpayer who lives and works outside of the country?  What are some of the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Estate Planning in Arkansas: Significance of Wills and Trusts

In Arkansas, estate planning is vital. By understanding the tools at residents’ disposal, such as wills and trusts, Arkansans can ensure the security of their assets, provide for their loved ones, and leave a lasting legacy...more

Bowditch & Dewey

Estate Planning for Child-Free Adults

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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

Chambliss, Bahner & Stophel, P.C.

Do You Need a Trust?: Estate Planning Q&A

According to the 2023 Wills and Estate Planning Survey by Caring.com, only 34 percent of Americans have an estate plan. The primary reasons respondents gave for not participating in estate planning are:.....more

Warner Norcross + Judd

Celebrity Estate Planning Mistakes: Kobe Bryant

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All too often, the demise of a celebrity serves as a cautionary reminder of the many pitfalls and traps related to estate planning. In January of 2020, NBA superstar Kobe Bryant and his daughter Gianna tragically passed away...more

Rivkin Radler LLP

Back to Basics: Wills & Revocable Trusts

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I am often asked about the difference between wills and revocable trusts, so I thought it important to explain the purpose of each. Wills and revocable trusts basically do the same thing – each is a document in which you...more

Dunlap Bennett & Ludwig PLLC

The Most Important Questions To Ask An Estate Planning Lawyer

Estate planning involves discussing personal topics such as family, finances, and future goals. A well-designed estate plan will preserve your legacy for generations to come. Therefore, creating an estate plan is one of the...more

Bowditch & Dewey

Beyond Taxes: 10 Important Reasons Why Everyone Needs an Estate Plan

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People often assume that if their estate isn’t taxable, they don’t need to have an estate plan. In 2023, a Massachusetts estate tax return must be filed if the value of the deceased person’s gross estate exceeds $1 million. A...more

Warner Norcross + Judd

Two Methods to Curtail a Litigious Beneficiary in Probate Court

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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

Goodwin

Transfer-on-Death Designations: A Word of Warning

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Although transfer-on-death (TOD) and payable-on-death (POD) designations on financial accounts can be an effective tool to avoid the probate process, these account designations have the potential to derail a customer’s estate...more

Burns & Levinson LLP

Probate or Non-Probate Asset? – The Ins and Outs of Different Types of Ownership

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Retitling your assets to conform with your desired plan is essential to successful estate planning. Whether this means changing ownership of an asset altogether, adding a joint owner, or changing a beneficiary designation,...more

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