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Divorce Inheritance

Divorce is the formal legal dissolution of a marriage. The divorce process implicates many diverse areas of the law including, but not limited to, real estate, wills and trusts, child custody, and tax.
Obermayer Rebmann Maxwell & Hippel LLP

Yours, Mine or Ours? Gifts, Inheritance, and Divorce in Pennsylvania

During the divorce process, parties are tasked with determining how to equitably divide their marital property. Typically, “marital property” is defined as any property acquired between the date of marriage through the date...more

Lasher Holzapfel Sperry & Ebberson PLLC

Financial Documents to Gather for Your Divorce

Managing personal finances is stressful, and many people are glad to let their spouse take the lead on paying bills, filing taxes, managing investments and the like. However, when preparing for divorce, you should have a good...more

Fox Rothschild LLP

PreNuptial Agreements in the Age of Great Wealth Transmission.

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Axios published an article this week about what it terms the “growing acceptance” of prenuptial agreements. The sum of the article is based on a Harris poll reporting that 50% of those interviewed support the idea of couples...more

Burns & Levinson LLP

Does My Spouse Have Any Claim to My gifted or Inherited Assets in Our Divorce?

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The answer to this question is: it depends. In general, all assets in either party’s name or in which either party has a beneficial interest at the time of the divorce are subject to division in the overall division of...more

Fox Rothschild LLP

Divorcing the Wealthy is Often a Matter of “Trusts”

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I received a call recently from a colleague looking to refer a client for a divorce. Our firm had done estate planning for the client and spouse, thus we were not eligible to represent either party in a marital break up as...more

Awatif Mohammad Shoqi Advocates & Legal...

What Are The Key Changes For Non-Muslims Marriage, Divorce, And Inheritance?

The introduction of a new personal status law for the non-Muslims is a landmark decision on part of the UAE government. To be enforced from February 1st, 2023, the Federal Decree-Law No. 41 of 2022 on Civil Personal Status...more

Fox Rothschild LLP

Equity Overcomes The Law In A Land Title Case

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First, foremost, the case decided on October 12, 2022 is non-precedential, leaving the bench and bar to debate whether it matters.* But, the decision in Nally v. Nally, 163 EDA 2022 is going to make the real estate community...more

Rivkin Radler LLP

Wendy and Jen Wreck the Movies: Dial “M” for Murder (1954), or Murder Doesn’t Pay, and Peanut Butter Expires in November

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Margot and Tony Wendice seem to have it all – they are young, beautiful, and in love. However, much like pyrite, not everything that glitters is gold. Before their marriage, Tony was a successful tennis player. It...more

Fox Rothschild LLP

Are You Living in the “Shadow” of Wealth?

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In recent years there has been an evolving literature devoted to income and wealth disparities between the “top tier” of Americans and what is often termed “the rest of us.” The data seem fairly clear. Whether this disparity...more

Cohen Seglias Pallas Greenhall & Furman PC

Did You Know Your Ex Could Get Your Inheritance?

As an attorney who prepares comprehensive estate plans and administers wills and trusts after death, I see questions arise at all phases as to who beneficiaries of accounts are and who they should be in a comprehensive estate...more

Farrell Fritz, P.C.

The Challenge Of Finding Admissible Evidence In Abandonment Proceedings

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Some of the most interesting estate litigation issues arise in proceedings to determine a surviving spouse’s entitlement to an elective share, particularly when there are claims of abandonment.  Under EPTL § 5-1.1-A(a), “a...more

Lasher Holzapfel Sperry & Ebberson PLLC

In re Marriage of Watanabe: Washington Divorce Law: Still No Joint Title Gift Presumption

The saying that “the beaten road is the safest” is typically associated with advice not to take unnecessary risks and to play things safe. In the law, the notion rings true for courts and their adherence to established...more

Lowndes

Protecting Your Inheritance with a Prenuptial Agreement

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When you're planning a wedding, discussing a prenuptial agreement with your soon-to-be spouse may not seem exciting or may even feel uncomfortable. Yet, no one knows what the future holds, and a prenuptial agreement can...more

Ruder Ware

Protecting Your Inheritance

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So you’ve received an inheritance and you’re married. The person who left you the inheritance probably intended for it to benefit you, not your spouse, if you get divorced. How do you protect the inheritance?...more

Stange Law Firm, PC

Does It Matter How Property is Titled in Divorce?

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Many individuals wonder whether it matters how property is titled in a divorce. In other words, some theorize that if an asset is in their individual name, it might mean that they will receive this asset in a divorce. It...more

Dickinson Wright

5 Tips for Keeping Gifts and Inheritances Received During the Marriage as Separate Property

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The presents are unwrapped, and gifts exchanged. But that gift with your name on it, or that new vehicle in the driveway with a big bow on top, is it really yours? Or, in the event of a divorce or legal separation, is it...more

Lewitt Hackman

I Expect an Inheritance: Do I Really Need a Prenuptial Agreement?

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YES! If you don’t have a prenuptial agreement the California Family Code applies. You might as well familiarize yourself with California law and decide whether you want to opt out via a prenuptial agreement....more

Holland & Hart LLP

Ric Ocasek’s Personal Representative Is In For a Bumpy Ride

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On September 15, 2019, Ric Ocasek, singer, songwriter, and guitarist of The Cars, died in his Manhattan residence. He was found that morning by his wife, Paulina Porizkova, a supermodel and celebrity in her own right, as she...more

Blank Rome LLP

Protecting an Inheritance from the Ravages of a Divorce War

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It is not uncommon for divorce to bring out the very worst in people, especially when a soon-to-be ex-spouse is used to being the one in control of the relationship. The contentious tug of war can even result in threats to an...more

Downey Brand LLP

Your Slice of the Pizza – Only Directly Inherited Asset Qualifies as Separate Property

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It is widely understood in California that inherited assets, unlike assets earned from labor, are the separate property of the receiving spouse.  But what if the assets do not come directly from a parent and instead pass from...more

Fox Rothschild LLP

Do I Have To Divide The Inheritance I Received During My Marriage?

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An issues that frequently arises is the treatment of an inheritance received by a spouse during the marriage. The basic rule is that any property received via gift or inheritance during the marriage is exempt from equitable...more

Burns & Levinson LLP

Why You Need a Trust

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People often ask “Why do I need a trust?” Some folks think they can get by with a simple will. Here is why you probably need more than that...more

BCLP

Family Asset Protection – LGBT* clients and alternative families

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In the summer of the fiftieth anniversary of the Stonewall riots, the LGBT* community have a lot to celebrate. In the last 15 years, there have been significant changes for same-sex couples in England and Wales. In 2004 the...more

Stange Law Firm, PC

Inheritance and the Perils of Commingling

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Inheritance is an event that eventually happens in the life of many. When a family member becomes deceased, or even a close friend, an individual may inherit a piece of their deceased family member’s or friend’s estate....more

Burns & Levinson LLP

Talking To Your Kids About Prenuptial Agreements

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If you have been divorced, you may be excited and yet anxious when your child decides to marry. You may be happy that she has found love, but you may also be painfully aware of the difficulties she may encounter if the...more

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