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Estate Planning Beneficiaries

Estate Planning is a process where individuals prepare or plan for the settlement of their personal affairs in the event of incapacitation or death. Estate plans typically include provisions relating to the... more +
Estate Planning is a process where individuals prepare or plan for the settlement of their personal affairs in the event of incapacitation or death. Estate plans typically include provisions relating to the disposition of assets, guardianship of minor children, and appointment of representatives to make medical and financial decisions. Effective estate planning can decrease tax liability and facilitate the probate process.  less -

Undue Influence Cases - A Litigator’s Perspective

Before one considers filing an undue influence claim seeking to set aside a change in a Will or a recent transfer which reduces his or her share in an estate, there are a number of important factors to consider. In order to...more

Choosing Retirement Account Beneficiaries Requires Some Thought

While the execution of wills requires formalities like witnesses and a notary, the reality is that most property passes to heirs through other, less formal means....more

Texas Supreme Court Holds That Testator Devised Property As A Life Estate

by Winstead PC on

In Knopf v. Gray, the will disposed of the testator’s entire estate, specifically including a tract of land. No. 17-0262, 2018 Tex. LEXIS 249 (Tex. March 23, 2018)....more

It’s All About Trust

Trusts are popular estate planning tools people use for a variety of reasons including providing for the long-term management of assets for minor beneficiaries, people with disabilities, or financially irresponsible adults....more

Highest Court Affirms Insurance Company’s Interpleader

by Steptoe & Johnson PLLC on

On March 13, 2018, the West Virginia Supreme Court of Appeals held that an insurance company can pay the proceeds of a life insurance policy into the court when there is a dispute as to who is the rightful beneficiary. At...more

Trust Beneficiary Permitted to Contest Trust Despite No-Contest Clause

Key Takeaway: In Ginsberg et. al. v. Ginsberg et. al., Judge Leibensperger ruled that a trust beneficiary could assert a trust was procured by fraud despite the presence of a in terrorem or no-contest clause. Judge...more

Abuse Under a Power of Attorney (A Case Study)

The transfer of wealth from the elderly has become the subject of heightened judicial scrutiny over the last several years, and this trend will only grow with the aging of the population. Part of the issues faced by courts...more

Families, Fiduciaries and Firearms: Estate Administration and Distribution of Firearms in the State of Washington

by Davis Wright Tremaine LLP on

The ownership of firearms has been a topic of much debate and scrutiny in recent months. As a part of this national conversation, it is important for gun owners (and their fiduciaries) to generally understand the applicable...more

Court Holds That A Wife Devised Her Property In Fee Simple Determinable To Her Husband With An Executory Interest To Her Son; So,...

by Winstead PC on

In In re Estate of Hernandez, the issue in the case was whether clauses in a will conveyed a life estate to the decedent’s husband. No. 05-16-01350-CV, 2018 Tex. App. LEXIS 755 (Tex. App.—Dallas January 24, 2018, no pet....more

When Beneficiaries are Not Heirs

The terms Beneficiary and Heir both refer to someone who receives an inheritance after someone passes away. However, while the terms are often used interchangeably, they do not always refer to the same individual or set of...more

All in the family: Transferring your vacation home

Vacation homes are typically treasured by families and often pass down from generation to generation. But there may be more to transferring the family lake cottage or beach house than first meets the eye. If one plunges ahead...more

When Military Wills Do Not Contemplate Future-Born Children

by Bryan Cave on

Estate planning probably isn’t high on the priority list for many 20-year-olds, even if they are 20-year-olds serving in uniform. While the Armed Forces may make it easy for those serving our country to get a will, these...more

Court Held That Trustee Had Authority To Sell Real Property And That The Beneficiaries Did Not Have A Right of First Refusal

by Winstead PC on

In the Estate of Rodriguez, a trust beneficiary sued the trustee to enjoin the sale of real property owned by a testamentary trust. No. 04-17-00005-CV, 2018 Tex. App. LEXIS 254 (Tex. App.—San Antonio January 10, 2018, no pet....more

Court Holds That Trust Did Not Violate The Rule Against Perpetuities and That A Beneficiary’s Assignment Of Interests Violated A...

by Winstead PC on

In Bradley v. Shaffer, family members placed mineral interests they inherited into the trust. No. 11-15-00247-CV, 2017 Tex. App. LEXIS 11154 (Tex. App.—Eastland November 30, 2017, no pet.). ...more

Interview Of Stuart Sherman, Licensed Professional Fiduciary At ConservaTrust Fiduciary Services, Inc.

by Fox Rothschild LLP on

For this post, we are fortunate to be joined by Stuart C. Sherman, a California Licensed Professional Fiduciary with ConservaTrust Fiduciary Services, Inc. in Los Angeles, California. Stuart agreed to sit for an interview...more

The Role of the Commissioner of Accounts in Virginia Estate and Trust Administration

by LeClairRyan on

People typically picture the probate process going something like this: a person dies, you find their will, you take the will to the courthouse, the executor pays the debts, and then the executor distributes the assets. Of...more

After a Loved One Passes: Six Important Steps to Know

The days, weeks, and months after the death of a loved one can be emotional and stressful, especially if you are named the executor of your deceased family member or friend’s estate. ...more

Year end is an ideal time to review your estate plan

As of this writing, it’s still anybody’s guess as to whether Congress will enact major tax reform legislation affecting federal gift and estate taxes. This situation casts a large shadow over estate planning at the end of...more

The Dangers and Pitfalls of Transfer On Death and Payable On Death Accounts

Many commentators and clients today voice a concern with avoiding probate. While this blog is not intended to address the desire or merit in avoiding probate, we will highlight some of the potential traps for clients who seek...more

When should you turn down an inheritance?

If a person expects to receive an inheritance from a family member, he or she might choose to use a qualified disclaimer to refuse the bequest. As a result, the assets will bypass their estate and go directly to the next...more

Roger Corman’s Sons Claim Their Mother is Abusing Him to Influence His Estate Plan

The two sons of legendary “B-Movie King” Roger Corman have made it clear through multiple lawsuits that they believe their parents are mismanaging trusts set up to benefit their four children. Allegations made in a recent...more

So You've Been Named as Trustee…Now What?

by Faegre Baker Daniels on

You’ve just discovered that you’ve been named trustee of a trust. Not only are you unsure of whether you should accept, you’re also wondering what exactly the role entails, the types of problems you might face, and whether...more

Undisclosed Foreign Accounts, Part II

by Moskowitz LLP on

The executor of a decedent’s estate has a duty to act in a prudent manner and in accordance with the law. At times, this may result in having to take an unpopular position or action that angers the beneficiaries....more

A Well-Planned Estate Can Quell Family Squabbles Before They Start

From Esau, who rashly traded his birthright to his twin brother Jacob for a cup of soup, to King Lear’s ill-conceived plan to leave his riches to only two out of three daughters, family dynamics can lead to estate...more

Undue Influence – The Carpenter’s Exception In Will Contests

by Fox Rothschild LLP on

In a proceeding contesting the validity of a will, the proponent of the will only has the burden to establish that the will was executed with the required formalities. The burden then shifts to the contestant to establish...more

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