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Estate Planning Probate

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 -

Rolling the Dice on Costs of Estate Litigation

by Field Law on

Alberta Courts have been busy on the topic of costs in estate litigation in the past few months. Four recent decisions issued out of three judicial centres in Alberta provide a good reminder of just how unpredictable...more

2018 Cost of Living Adjustment of Certain Dollar Amounts Under Colorado Probate Code

The 2018 cost of living adjustment list of certain dollar amounts under the Colorado Probate Code has been published by the Colorado Department of Revenue. It is important for probate practitioners to be aware of these...more

Harper Lee’s Will Unsealed

As The New York Times recently reported, the will of Harper Lee, author of To Kill a Mockingbird, was recently unsealed in connection with a lawsuit seeking access to the document. Ms. Lee died a resident of Monroeville,...more

Court Reverses Trial Court’s Order Denying An Application To Probate A Will As A Muniment of Title

by Winstead PC on

In Ramirez v. Galvan, a probate court denied the application for probate of a will as a muniment of title where the application was filed more than four years after the testator’s death. No. 03-17-00101-CV, 2018 Tex. App....more

The Role of the Commissioner of Accounts in Virginia Estate and Trust Administration

by LeClairRyan on

People typically picture the probate process going something like this: a person dies, you find their will, you take the will to the courthouse, the executor pays the debts, and then the executor distributes the assets. Of...more

After a Loved One Passes: Six Important Steps to Know

The days, weeks, and months after the death of a loved one can be emotional and stressful, especially if you are named the executor of your deceased family member or friend’s estate. ...more

The Dangers and Pitfalls of Transfer On Death and Payable On Death Accounts

Many commentators and clients today voice a concern with avoiding probate. While this blog is not intended to address the desire or merit in avoiding probate, we will highlight some of the potential traps for clients who seek...more

November Trust and Estates Litigation Advisory

by Goulston & Storrs PC on

Since our last newsletter, there has been one significant development in the Probate and Family Court, and one decision of note. First, effective as of November 20, 2017, the Probate and Family Court issued Standing...more

What is an Estate Executor’s Role?

Often when a person is appointed to serve as the executor (if there was a will) or administrator (if there was not a will) of a family member or friend’s estate they have not had experience with the role or process. This post...more

Every Day is Bitcoin Pizza Day: What Clients and Estate Planners Need to Know about Virtual Currency

by Murtha Cullina on

The combined value of all of the 867 crypto currencies tracked by CoinMarketCap.com is presently over $161 billion. Only seven years ago, on what is commemorated as “Bitcoin Pizza Day,” Bitcoin, then a new crypto currency,...more

Look! Up in the Sky! It’s Sibling Lawyer!

by Downey Brand LLP on

I’m a sibling lawyer. My career started early, as a middle child, and now continues as a Sacramento-based trust and estate litigation attorney. Most of my clients are grappling with sisters or brothers over the care and...more

Who Determines How to Celebrate Your Life and the Disposition of You When You Die?

An often-overlooked step in the estate planning process is determining how you want the world to celebrate your life and determining your final resting place. If not addressed, conflict may occur because different loved ones...more

Estate Planning Pitfall: You die without having drafted a will

Where there’s a will, there’s a way — a way to pass assets to heirs in the manner in which a person wants. However, if an individual dies without a will, assets will be distributed according to state law, regardless of the...more

Top Five Reasons to Establish and Fund Your Revocable Trust

by Pullman & Comley, LLC on

A Revocable Trust (sometimes known as a Revocable Living Trust or Inter Vivos Trust) is an arrangement established by a person (the “Settlor” or “Grantor”) to direct how his or her assets are to be managed during life and...more

Jones Presents at NCBA Estate Planning and Probate Section Annual Meeting

by Moore & Van Allen PLLC on

Charlotte Wealth and Estate Planning Member Chris Jones spoke at the North Carolina Bar Association (NCBA) Estate Planning and Probate Section Annual Meeting in Kiawah Island, SC on July 28. The presentation titled,...more

A Will Must Be Signed, Right?

by Dickinson Wright on

Wrong. In a recently published case, the Michigan Court of Appeals took what has previously been taken as fact – that a will needs to be signed for it to be admitted to probate – and turned it on its head. In In re Estate...more

You Get A Car! Everybody Gets A Car!

by Roetzel & Andress on

Lobbying from various organizations resulted in Ohio House Bill 432, known as the “omnibus probate bill.” This bill has made some significant changes in estate law. Specifically, upon the death of a spouse, Ohio Revised Code...more

A Handwritten Codicil Can Lead to Disaster

Mr. James Paul Allen of Beaufort County, North Carolina executed a duly drafted will on August 29, 2002. The will was prepared by his longtime attorney who had represented him in many matters. Mr. Allen was not married and...more

Are You Considering A Revocable Living Trust?

The revocable living trust is often advertised as a “must have” part of your estate plan. While a revocable living trust may be useful in some situations, it is not an estate planning cure all. The following are issues to...more

Jury Trials in Surrogate’s Court Removal Proceedings

by Farrell Fritz, P.C. on

As parties prepare for trial before the Surrogate’s Court, a question that oftentimes arises is whether the parties have a right to a trial by jury. The right to a jury trial is anything but universal in Surrogate’s Court...more

Executor’s Duties Before Receiving Letters

by Farrell Fritz, P.C. on

A nominated executor is obliged to secure estate assets even before the issuance of letters testamentary, or preliminary letters testamentary (see Matter of Schultz, 104 AD3d 1146 [4th Dept. 2013]). Courts have recognized...more

10 Arguments Against Pre-Death (Antemortem) Probate and Will Contests

by LeClairRyan on

There are a handful of states that allow a person to probate a will (and challengers to contest the validity of a will) before the testator (the person enacting the will) dies. In recent years, there has been a trend to...more

T&E Litigation Newsletter - December 2016

by Goulston & Storrs PC on

The last several weeks have brought us two decisions in which issues of family law intersected with T&E issues. First, the decision in Heystek v. Duncan, Case No. 15-P-1201, 2016 Mass. App. Unpub. LEXIS 1113 (Nov. 21,...more

T&E Litigation Newsletter - November 2016

by Goulston & Storrs PC on

There has not been much case law of particular relevance in the T&E area since our last newsletter, but three recent federal court decisions—one from the First Circuit Court of Appeals, and two from the United States District...more

You have been appointed as Executor/Executrix of a loved ones estate.....should you hire an attorney?

Administering an estate, especially one with more than just your basic assets, such as a home, and a couple joint bank accounts, can be very complicated. On a basic level, an executor must produce an inventory of all assets...more

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