News & Analysis as of September 20, 2024

Beneficiaries

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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 -

Legal-Ease: What Happens to a Family Member's Bank Account After Death?

Foster Swift Collins & Smith on 7/9/2024

Dear Jonathan: My father, a widower, passed away a couple of months ago. Being his only child, he appointed me as his agent on his durable power of attorney so that I can handle his bill paying which I have been doing for the...more

What Happens if I Die Without a Valid Will in Massachusetts?

Bowditch & Dewey on 11/16/2023

As estate planning attorneys, a question that often arises with new and prospective clients is, “What happens if I die without a will?” The short answer is this: if you die without a valid will in Massachusetts, state law...more

Probate & Fiduciary Litigation Newsletter - November 2023

Goulston & Storrs PC on 11/1/2023

This newsletter is intended to keep readers informed about developments in probate and fiduciary litigation in Massachusetts and New York. Our lawyers are at the forefront of this area of the law, shaping how it is handled in...more

Battle of the Wills: The Legal Battle of Aretha Franklin’s Estate

Burns & Levinson LLP on 7/12/2023

You may have heard of the Battle of the Bands, but have you ever heard of the Battle of the Wills? Aretha Franklin died in 2018, but the legal battle over her estate continues today in the Michigan Probate Courts....more

What Happens To A Person’s Assets Upon Their Death

Dunlap Bennett & Ludwig PLLC on 7/12/2023

Dealing with the death of a family member or close friend can be a very difficult and daunting task. Knowing what to expect can make the process seem less overwhelming and less stressful. After handling funeral arrangements,...more

Court Affirmed Removal Of An Administratrix For Gross Mismanagement

Winstead PC on 5/1/2023

In In the Est. of Lemme, an administratrix of an estate hired her boyfriend to do legal work. No. 07-21-00300-CV, 2022 Tex. App. LEXIS 8829 (Tex. App.—Amarillo December 1, 2022, no pet. history). ...more

How to Fire Your Fiduciary

Burns & Levinson LLP on 10/18/2022

There may come a time in your life when you are in need of a fiduciary. A fiduciary relationship is deemed to exist when one party is bound to act for the benefit of another party. You may have the opportunity to choose your...more

Anne Heche Estate Battle Highlights Importance of Selecting an Executor or Personal Representative for Your Estate

Bowditch & Dewey on 9/30/2022

In a tragic car accident, at age 53, actress Anne Heche, known best for her roles in Donnie Brasco, and Six Days, Seven Nights, passed away on August 11, 2022. Heche’s two sons, Homer (age 20) and Atlas (age 13), survived...more

Another Broad Reading of the Elder Abuse Act Protects Seniors

Downey Brand LLP on 12/29/2021

We “ring” in 2022 with a recent case that again shows the long reach of statutory financial elder abuse claims in California trust and estate litigation. In Ring v. Harmon (2021) ___ Cal.App.5th ___, the Court of Appeal...more

Probate & Fiduciary Litigation Newsletter - December 2021

Goulston & Storrs PC on 11/22/2021

Daughter with Power of Attorney Had Burden to Show No Undue Influence over Father - Coscia v. Sweezey, 2021 WL 4765696 (Mass App. Ct. October 13, 2021) - Does holding a power of attorney from a parent in declining...more

10 Reasons to Review Your Current Estate Plan

Bowditch & Dewey on 11/1/2021

Estate plans are supposed to be living documents that evolve over time. Generally, you should review your plan every 5 years to stay current, or whenever you or your beneficiaries have a major life event such as marriage, the...more

Step-By-Step Overview of Probate

Ruder Ware on 7/22/2021

“Probate” is a legal term for the Court process of transferring assets out of a deceased person’s name and to that person’s heirs and/or beneficiaries. The difference between the term “heir” and the term “beneficiary” is...more

Beyond the Will – November/December 2020

Burns & Levinson LLP on 10/29/2020

Welcome back to Beyond the Will, where we are excited to introduce you to the Smiths and the Alexanders, made-up people with a wild accumulation of made-up factual circumstances that raise all kinds of probate and fiduciary...more

The Tale Of Choupette The Cat And Other Common Issues In Trust And Estate Litigation

Weintraub Tobin on 8/3/2020

When Karl Lagerfeld passed away in February of 2019 in France, many speculated that his cat, Choupette, was well provided for as part of his estimated $150 million estate. This pampered feline was much loved by Mr. Lagerfeld...more

When There is Only a Will There’s No Way You’re Avoiding Probate

Lewitt Hackman on 5/31/2020

A common misconception is that when you die with a Will, your heirs avoid probate. In California when you die with a Will and the total assets owned in your sole name exceed $166,250, your estate goes through probate (a court...more

Estate Administration Mistakes to Avoid

Smith Debnam Narron Drake Saintsing & Myers,... on 4/29/2020

If you have been named or appointed as the personal representative (also sometimes called “executor” or “administrator”) for a loved one’s estate, it is important to understand the responsibilities the role entails. Missteps...more

Hindsight in 2020: The Biggest Reasons Relatives Wish Their Loved One Had An Estate Plan

Mitchell, Williams, Selig, Gates & Woodyard,... on 1/31/2020

We have all heard the phrase that hindsight is 20/20. Often, going through a situation is one of the best ways to learn how to navigate it, or help others, if one encounters a similar scenario in the future. But what about...more

Do You Have the Right Fiduciary?

Chambliss, Bahner & Stophel, P.C. on 1/28/2020

A fiduciary is a fancy legal term for the person who will take care of your property for you if you are unable to do it yourself, such as the executor of an estate, the trustee of a trust, or an attorney-in-fact under a power...more

Beware of Dormant Creditor Claims in California Probate Cases

Downey Brand LLP on 10/22/2019

California’s probate process aims to expeditiously identify and resolve the claims of creditors against decedents. Creditors who are unsophisticated, or who simply do not learn of the decedent’s passing, may find themselves...more

Wills, Trusts & Estates: Plain and Simple – What Does an Executor Do?

Farrell Fritz, P.C. on 7/17/2019

An Executor (technically, Executrix if a woman) is the person you appoint to carry out your wishes as expressed in your Will. The Executor’s job lasts a relatively short period of time, typically two to three years, ending...more

California Probate Administration Is No Time for Napping

Downey Brand LLP on 7/3/2019

In the absence of a trust that allows assets to pass without opening probate, the California probate process lasts for at least six months and can run much longer depending on the size of the estate and the nature of assets....more

Discovery of Aretha Franklin's Handwritten Wills Throws Her Estate Into Turmoil

Chambliss, Bahner & Stophel, P.C. on 6/27/2019

Legendary singer Aretha Franklin was thought to have died without a will, but the recent discovery of handwritten documents in her home is calling that into question. A representative of her estate has asked a Michigan...more

What Happens to Your Debts When You Die?

Chambliss, Bahner & Stophel, P.C. on 6/26/2019

When you die, your debts do not expire with you. Most debt still needs to be paid off, if possible. However, who is responsible for paying the debt depends on the type of debt, and some assets are protected from being used...more

Texas Statutes Now Allow A Court To Modify Or Reform An Unambiguous Will

Winstead PC on 6/7/2019

I. Introduction Historically, Texas courts could not resort to extrinsic evidence to construe an unambiguous will. San Antonio Area Foundation v. Lang, 35 S.W.3d 636 (Tex. 2000)....more

Understanding a Personal Representative

Foodman CPAs & Advisors on 4/15/2019

A Personal Representative (PR) is in charge of the property (estate) of an individual who has died (known as the decedent). When a person passes away, their assets become property of their estate....more

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