News & Analysis as of September 24, 2024

Trustees

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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 -

Guide to Reviewing Your Estate Plan

Husch Blackwell LLP on 3/20/2024

Because so many things can change with time, we recommend that our clients review their estate plans every three to five years and update plans as needed. These periodic reviews help to ensure that your affairs are in order,...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

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

Conservatorship Gone Wrong: Why Does it Seem to Happen So Often and How Can I Prevent It?

Burns & Levinson LLP on 8/18/2023

This week, we heard about yet another conservatorship that may have been improper or involved misconduct: that of Michael Oher, the former NFL player. I take no position on the truth of the matter, that is what the discovery...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

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

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

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

Frequently Asked Questions Regarding Online Accounts And Estate Planning

Kohrman Jackson & Krantz LLP on 4/4/2022

There are many factors to consider when planning your estate in the event of your incapacitation or death. While discussions regarding traditional assets are crucial in the planning process, other factors should also be taken...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

Court Affirms Decision That Executor Applicant Was Unsuitable For That Position

Winstead PC on 11/19/2021

In In the Estate of Johnson, an applicant to be an independent administrator appealed a court’s decision to not appoint him due to his being unsuitable. No. 02-20-00133-CV, 2021 Tex. App. LEXIS 7138 (Tex. App.—Fort Worth...more

Court Holds That Trust Owned Mineral Interests And Not The Settlor’s Wife

Winstead PC on 10/25/2021

In Moore v. Estate of Moore, a decedent’s wife claimed that she had an interest in an oil and gas lease formerly owned by her deceased husband. No. 07-20-00019-CV, 2021 Tex. App. LEXIS 6142 (Tex. App.—Amarillo July 30, 2021,...more

Game Plan: Who Is On Your Estate Planning Team Roster?

Shutts & Bowen LLP on 10/26/2020

Estate planning is a team effort and the lineup of individuals and professionals that you choose for your team roster will determine the integrity of your plan for years to come. An all-star lineup for your estate plan should...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

Daughter Liable for Interfering with Stepmother’s Inheritance

Downey Brand LLP on 9/29/2020

Intentional interference with expected inheritance (IIEI) was recognized as a legal claim in California about eight years ago in Beckwith v. Dahl (2012) 205 Cal.App.4th 1039. Last week, the Court of Appeal issued the first...more

Guardian of the Galaxy – What is the Role of a Guardian Ad Litem in Trust and Estate Disputes?

Downey Brand LLP on 7/13/2020

Most California trust and estate disputes involve adults who can make their own choices about what to seek and how hard to litigate, such as the common scenario of siblings competing for assets. But many disputes, or at...more

The COVID-19 Pandemic and Personal Planning

Bass, Berry & Sims PLC on 5/31/2020

The coronavirus (COVID-19) has impacted the lives of millions across the globe, causing the loss of loved ones and livelihoods and heightening concerns for health and personal and financial safety. In these uncertain times,...more

Your Guide to Essential Estate Planning Documents

Jaburg Wilk on 5/11/2020

If you’re like most people, there is a laundry list of things you’d rather do than think about your estate plan. While it can be a challenging area to discuss, your estate plan is essential to ensure you and your family are...more

When Is It Time To Update My Estate Plan?

Obermayer Rebmann Maxwell & Hippel LLP on 4/7/2020

Many people believe that once they have executed their estate planning documents, those documents can remain in the safe deposit box until the day when they may be needed. However, your estate planning documents should be...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

How A POA Can Change Your Will

Fox Rothschild LLP on 8/29/2017

The Delaware Supreme Court has just reached a decision that highlights the importance of taking the time to review your estate planning documents each and every year to ensure that the documents still fit, and not...more

New Law Deals With Digital Assets After Death

Snell & Wilmer on 9/20/2016

In an article earlier this year we noted that at a large number of states had introduced legislation to address an emerging issue that is unique to our Information Age: how will our digital assets be accessed and used (or...more

Privacy + Estate Planning = Handling Your Digital Assets After You Die

Snell & Wilmer on 3/2/2016

The recently-proposed Revised Uniform Fiduciary Access to Digital Assets Act (“Revised UFADAA”) is a potential solution to a problem that most of us eventually will face: how will our digital assets be accessed and used (or...more

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