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Estate Planning › Estate Claims › Trusts

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 -
Goodell, DeVries, Leech & Dann, LLP

Bennett v. Gentile: Maryland’s Supreme Affirms Strict Privity Rule in Legal Malpractice Cases

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Maryland’s Supreme Court declined to overturn the strict privity rule in legal malpractice cases. The rule, which generally bars third parties from suing lawyers, was a key issue in the recent Bennett v. Gentile decision. ...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

Burns & Levinson LLP

Best Advice to Avoid Common Estate Planning Mistakes

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In my practice, I am fortunate to serve clients in developing tailored estate plans as well as administering the estates of recently deceased loved ones. This dual perspective exposes some common pitfalls that can undermine...more

Winstead PC

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

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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

Warner Norcross + Judd

Do Estate Beneficiaries Have a Default Right to Live in Estate Property Rent Free Until the Property is Distributed?

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No, according to In re Estate of Elze D. Harris, Docket No. 362364 (September 28, 2023). In Estate of Harris, the decedent’s three children were embroiled in litigation over who should control their deceased father’s...more

Burns & Levinson LLP

I’m A Childless, Single Adult. How Do I Navigate Establishing Fiduciaries?

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Many people default to nominating a spouse or a child as personal representative of their estate or trustee of their trust, if they have one. However, when one has neither a spouse nor a child, who should one choose to fill...more

Burns & Levinson LLP

What to Expect: Your First Meeting with an Estate Planner

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Any estate planning professional will tell you everyone should have an estate plan. But we also understand that the whole process can feel a bit daunting—finding an estate planning attorney, getting organized, making...more

McGuireWoods LLP

Once Removed Episode 13: It’s 5 o’Clock: Do You Know Where Your Will Is? A Lesson From Aretha Franklin

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If you had to say where your will is located right now, could you? Despite the importance of that document, many clients are not sure where the original is located. In this episode, Steve discusses the case of Aretha...more

Downey Brand LLP

Armor Up! Protecting Your Estate Plan with a Human Touch

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There are a few standard questions I almost always get when people find out that I work in probate litigation. “Do people call you right away when their relatives die?” “Isn’t that tough to deal with, emotionally?” And most...more

Shumaker, Loop & Kendrick, LLP

The Estate Planner, July/August 2023

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Estate planning in a digital world - Today, virtually everyone owns (or licenses) digital assets, from email and social media accounts to digital photos and videos to online banking and brokerage accounts. Unlike...more

Lowenstein Sandler LLP

Whose Cello Is It Anyway? Or, a Lawyer, a Judge, and a Professional Athlete Talk About Family Litigation

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In this episode of “Splitting Heirs” host Warren K. Racusin of Lowenstein’s Trusts & Estates practice is joined by Jeffrey J. Wild, Lowenstein partner and litigator whose practice focuses on fiduciary issues; the Honorable...more

Adler Pollock & Sheehan P.C.

Glossary of Estate Planning Terms

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Estate planning has a language of its own. While you may be familiar with common terms such as a will, a trust or an executor, you may not be as certain about others. For quick reference, here’s a glossary of terms you’re...more

Winstead PC

The Baby-Boomer Generation & The Largest Succession of Wealth in History: The New Frontier in Asset Recovery - Presentation

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David F. Johnson participated in a panel presentation entitled “The Baby-Boomer Generation & The Largest Succession of Wealth in History: The New Frontier in Asset Recovery?” for the Offshore Alert Miami Conference on April...more

Shumaker, Loop & Kendrick, LLP

The Estate Planner, May/June 2023

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SECURE 2.0 provides a boost to your retirement and estate plans - The SECURE 2.0 Act of 2022 (SECURE 2.0) expands on the changes made by the Setting Every Community Up for Retirement Enhancement Act of 2019 (SECURE Act)....more

Burns & Levinson LLP

Challenging a Will: What We Can Learn From Priscilla Presley

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Elvis Has Left the Building - In 1977, when Elvis Presley died (to put a complicated situation very simply), his estate and any future royalties generated by his intellectual property, including his music, passed into a...more

Burns & Levinson LLP

Can I Fight My Family Member’s Inheritance?

Burns & Levinson LLP on

Picture this: your great aunt has died and left you and your brother each one million dollars, her entire estate, in a will. Great, right? Now imagine that your brother never appreciated your great aunt during her lifetime,...more

Shumaker, Loop & Kendrick, LLP

The Estate Planner, November/December 2022

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Rising rates spark interest in charitable remainder trusts - If you wish to leave a charitable legacy while generating income during your lifetime, a charitable remainder trust (CRT) may be a viable solution. In addition...more

Burns & Levinson LLP

Will My Estate Plan Protect My Loved Ones?

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It is a common misconception that if a person has a will, there will be no need for court proceedings upon their death. In Massachusetts, however, a will must always be admitted to probate, a process requiring various forms...more

McDermott Will & Emery

[Ongoing Program] 2022 Trust & Estate Controversy Forum - Day 2 - September 22nd, 9:00 am - 12:30 pm EDT

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Join us for an interactive two-day webinar that will focus on the multifaceted issues impacting fiduciaries and beneficiaries. We’ll highlight hot topics in the administration of trusts and estates, and we’ll discuss how to...more

McDermott Will & Emery

[Ongoing Program] 2022 Trust & Estate Controversy Forum - Day 1 - September 21st, 9:00 am - 12:30 pm EDT

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Join us for an interactive two-day webinar that will focus on the multifaceted issues impacting fiduciaries and beneficiaries. We’ll highlight hot topics in the administration of trusts and estates, and we’ll discuss how to...more

Burns & Levinson LLP

Would You Judge This Judd?

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Recent online articles have widely reported that Naomi Judd allegedly left nothing in her will to her two daughters, Wynonna and Ashley Judd, and appointed her husband of 33 years, Larry Strickland, as the executor of her...more

Burns & Levinson LLP

I Am a Child of an Affair. What Rights Do I Have to My Parent’s Estate?

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Picture this: your family has a longstanding rumor that you are the child of an affair. Not only that, but it is an open secret who your family believes your other parent is. One day, you hear that the possible other parent...more

Sands Anderson PC

When Two Trusted Advisors Disagree

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Occasionally, you may receive conflicting advice from two people – both people you trust, both skilled in their fields. How do you decide what to do?...more

Burns & Levinson LLP

Summertime Sadness: Will My Grandparents’ Property Stay in The Family When They Die?

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Many of us have fond memories of visiting our grandparents at their summer property, whether at a beach house on Cape Cod or in the middle of the woods in the Berkshires. But what happens to this property once your...more

Burns & Levinson LLP

Challenging a Will Based on Incapacity or Undue Influence

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When a loved one passes away and their estate plan is revealed for the first time, it is common to experience varied emotions, including curiosity, disappointment, and anger. Depending on the beneficial interests or fiduciary...more

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