News & Analysis as of September 21, 2024

Asset Management

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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 -

Family Members Living With Dementia: Guardianship and Guardianship Alternatives

Hendershot Cowart P.C. on 9/9/2024

Celebrities like Jay Leno and Emma Hemming Willis (married to Bruce Willis) are speaking out about their experiences with guardianship and caregiving. If you are caring for a family member with dementia too, a time will...more

The Estate Planner, September/October 2024

Shumaker, Loop & Kendrick, LLP on 8/30/2024

Moving to another state? Revisit your estate plan - If you recently relocated to a new state — or you’re planning such a move — it’s a good idea to review and update your estate plan. You won’t have to throw out your...more

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

Why Adding a Child as a Joint Owner May Not Be a Good Idea

Mitchell, Williams, Selig, Gates & Woodyard,... on 1/18/2024

Individuals are often interested in ways to transfer their assets at death without having those assets go through a probate proceeding. Those same individuals are also often interested in accomplishing this without having to...more

Things To Consider When Creating An Estate Plan

Dunlap Bennett & Ludwig PLLC on 11/2/2023

When thinking of creating an estate plan, here are a few things to consider before finalizing your final wishes: Should you create a Will or a Trust? The essential difference between a will and a trust is that a...more

Diane Feinstein: Power Of Attorney And Elder Financial Abuse

Dunlap Bennett & Ludwig PLLC on 8/21/2023

Senator Diane Feinstein is the oldest member of Congress. She has faced some serious health problems in the past year which caused her absence from the Senate for a number of months. There are reports that she gave her...more

How Appointing an Attorney-in-Fact Can Benefit Your Life

Burns & Levinson LLP on 11/16/2022

There may come a point in life when you – or a loved one –need a trusted family member, friend, or professional to assist with your property and financial affairs and decision-making. Since that point may come when you are...more

Millennial Estate Planning and the Importance of Early Planning

Lippes Mathias LLP on 10/21/2022

Client Question: “What area of law do you focus on?” Attorney Response: “Trusts and Estates.” Client Response: “I’m still young, I don’t need to worry about planning for when I’m gone. I’ll call you when I’m older...more

This Is National Estate Planning Awareness Week

Warner Norcross + Judd on 10/18/2022

Congress instituted National Estate Planning Awareness week in 2008 to help Americans understand estate planning and its role in a person’s financial well-being. It’s a great reminder to organize, review and update your...more

Probate & Fiduciary Litigation Newsletter - October 2022

Goulston & Storrs PC on 10/11/2022

Power of Attorney Did Not Provide Authority to Create a Trust on Behalf of the Elder Who Granted the Power of Attorney - Barbetti v. Stempniewicz, 490 Mass. 98 (Sup. Jud. Ct. June 28, 2022) Does a power of attorney...more

How Do I Protect My Generous, Impaired Grandparent?

Burns & Levinson LLP on 4/14/2022

Picture this: your beloved grandfather hands out cash gifts to his three grandchildren every year on their birthdays. Each grandchild receives $100 every year like clockwork. Then, one year, your grandfather gives your cousin...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

The Importance of Regular Check-ups for a Healthy Estate Plan

Shutts & Bowen LLP on 10/26/2020

After creating and implementing a plan for your estate, it is important to regularly revisit your plan to ensure that it is still reflective of your values and goals for passing along your legacy. Seemingly small changes in...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

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

Stepmother vs. Stepchild, Now Playing in a California Probate Court Near You

Downey Brand LLP on 4/24/2018

Stepmothers are frequent characters in California trust and estate litigation, as they are in fairy tales and Disney movies. With about half of all marriages ending in divorce, there are many stepmother/stepchild...more

Should You Revise Your Power Of Attorney?

Smith Debnam Narron Drake Saintsing & Myers,... on 2/9/2018

Powers of attorney serve an essential role in estate planning, giving North Carolinians control over who will manage their affairs during periods of lifetime incapacity. Changes to North Carolina’s Power of Attorney statute,...more

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