News & Analysis as of September 20, 2024

Surviving Spouse

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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 -

Key Estate Planning Adjustments to Make After Your Spouse Passes Away

Bowditch & Dewey on 8/19/2024

The period after a spouse passes away is an emotional time of mourning. However, there are a handful of estate planning adjustments that you should make to protect your estate under the new conditions....more

Senator Feinstein Alleges that the Trust Meant to Protect Her Has Become “Untrustworthy.”

Fox Rothschild LLP on 8/17/2023

Back on July 26 we wrote about how trusts have become a new territory within the divorce landscape. At the time the press was just starting to write about California Senator Diane Feinstein’s troubles with the trust her...more

Divorcing the Wealthy is Often a Matter of “Trusts”

Fox Rothschild LLP on 7/27/2023

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

Don’t Let Your Dead Body Become “A Loose Ball.”

Fox Rothschild LLP on 9/22/2022

Forgive the title but this is written amidst the Eagles-Vikings game and on the same date as Queen Elizabeth’s funeral. Commentators noted that the Queen’s final event was more than a generation in the planning and was...more

Preventing Trust and Estate Disputes

Ward and Smith, P.A. on 8/13/2021

The death of a loved one should be a time for a family to come together. As a trust and estate litigator, unfortunately, I often see families fall apart. Every family's situation is different, but certain issues seem to...more

Do Surviving Spouses Have a Right to a 401(k) or an IRA?

Chambliss, Bahner & Stophel, P.C. on 1/9/2020

When choosing a beneficiary for a retirement plan, it is important to understand how your spouse will be treated under the plan. Surviving spouses are treated differently under 401(k)s and individual retirement accounts...more

Why You Need a Trust

Burns & Levinson LLP on 9/27/2019

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

Insight on Estate Planning - April/May 2019: A second walk down the aisle can complicate estate planning

Adler Pollock & Sheehan P.C. on 4/4/2019

An estate planning rule of thumb is to review (and, if necessary, revise) one’s estate plan in light of major life events. Such events include a marriage, birth of a child and a divorce. A second marriage also calls for an...more

Chris Lazarini Discusses Resolution for Competing Demands for Decedent’s Assets

Bass, Berry & Sims PLC on 3/20/2019

Bass, Berry & Sims attorney Chris Lazarini discussed a case in which a brokerage firm filed a complaint for interpleader seeking judicial resolution of a challenge to a deceased client’s assets. Upon the client’s death, the...more

Tax Reform and Estate Planning: How the 2017 Tax Cuts and Jobs Act Impacts Estate Plans for McNair Clients

Burr & Forman on 10/5/2018

When the 2017 Tax Cuts and Jobs Act was passed, significant changes were made to the Federal Estate, Gift and Generation-Skipping Transfer Tax, the most prominent of which is the increased applicable exclusion amount, which...more

Understanding the contents of a will

Adler Pollock & Sheehan P.C. on 8/1/2018

No estate plan is complete without a will. But what provisions should be included in it? This article explores the basic provisions of a will and how it should address estate taxes and specific bequests. A sidebar discusses...more

Planning ahead after a divorce

Adler Pollock & Sheehan P.C. on 10/6/2017

For those in the middle of a divorce, the last thing on their mind is a review of their estate plan. However, a major life change, such as a divorce, is a critical time to update an estate plan so that wishes are carried out...more

Wealth Management Update - September 2016

Proskauer Rose LLP on 8/31/2016

September Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts - The September § 7520 rate for use with estate planning techniques such as CRTs, CLTs, QPRTs...more

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