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Estate Planning Real Estate Transfers

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 -
Rosenberg Martin Greenberg LLP

Demystifying Life Estate Deeds in Maryland

by Rosenberg Martin Greenberg LLP on

In Maryland, you can make a beneficiary designation on your real property. This type of transaction is called a Life Estate Deed. It can be a very useful tool to avoid probate while also preserving tax benefits. There are two...more

Adler Pollock & Sheehan P.C.

Insight on Estate Planning - February/March 2019: Basis consistency rules come into play when inheriting property

by Adler Pollock & Sheehan P.C. on

If a person is in line to inherit property from a parent or other loved one, it’s critical to understand the basis consistency rules. Tax law provides that the income tax basis of property received from a deceased person...more

Adler Pollock & Sheehan P.C.

Insight on Estate Planning - February/March 2019

by Adler Pollock & Sheehan P.C. on

In This Issue: - Time passages: Estate planning through the years - Basis consistency rules come into play when inheriting property - Estate tax laws continue to change; so should your plan - ESTATE PLANNING...more

Holland & Hart - Fiduciary Law Blog

Inheriting Vehicles – Sample Checklist Before You Go to the DMV

by Holland & Hart - Fiduciary Law Blog on

As a probate paralegal, I spend a decent amount of time helping families transfer assets and completing forms. One of the more common questions that I get is “What does one need to do and take to the DMV to transfer a...more

Winstead PC

Court Affirms Summary Judgment For A Trustee Against A Beneficiary Due To The Statute of Limitations And Discusses Constructive...

by Winstead PC on

In Gilmore v. Rotan, a testamentary trust’s beneficiaries sued the trustees in 2015 for making a transfer of trust property in 2003 that was evidenced by a deed filed in 2010. No. 11-16-00253-CV, 2018 Tex. App. LEXIS 7705...more

Winstead PC

Independent Executor Had Authority To Sell Estate Real Property Despite Nothing In The Will Giving Him That Authority

by Winstead PC on

In Graff v. 2920 Park Grove Venture, Ltd., an executor was sued after selling estate real estate because the executor allegedly sold the property for less than fair market value. No. 05-16-01411-CV, 2018 Tex. App. LEXIS 4266...more

Winstead PC

Independent Executor Had Authority To Sell Estate Real Property Despite Nothing In Will Giving Him That Authority

by Winstead PC on

In Graff v. 2920 Park Grove Venture, Ltd., an executor was sued after selling estate real estate because the executor allegedly sold the property for less than fair market value. No. 05-16-01411-CV, 2018 Tex. App. LEXIS 4266...more

Winstead PC

Texas Supreme Court Holds That Testator Devised Property As A Life Estate

by Winstead PC on

In Knopf v. Gray, the will disposed of the testator’s entire estate, specifically including a tract of land. No. 17-0262, 2018 Tex. LEXIS 249 (Tex. March 23, 2018)....more

Winstead PC

Court Holds That A Wife Devised Her Property In Fee Simple Determinable To Her Husband With An Executory Interest To Her Son; So,...

by Winstead PC on

In In re Estate of Hernandez, the issue in the case was whether clauses in a will conveyed a life estate to the decedent’s husband. No. 05-16-01350-CV, 2018 Tex. App. LEXIS 755 (Tex. App.—Dallas January 24, 2018, no pet....more

Adler Pollock & Sheehan P.C.

All in the family: Transferring your vacation home

by Adler Pollock & Sheehan P.C. on

Vacation homes are typically treasured by families and often pass down from generation to generation. But there may be more to transferring the family lake cottage or beach house than first meets the eye. If one plunges ahead...more

Adler Pollock & Sheehan P.C.

Insight on Estate Planning - February/March 2018

by Adler Pollock & Sheehan P.C. on

In This Issue: - Sudden impact: When a spouse unexpectedly dies - New tax law affects estate planning strategies - All in the family: Transferring your vacation home - Estate planning pitfall: You haven’t planned for...more

Farrell Fritz, P.C.

Surrogate’s Court Sets Aside Fraudulent Conveyance Violative of Contract to Make a Testamentary Disposition

by Farrell Fritz, P.C. on

A person who executes a valid agreement to make a testamentary disposition as to a specific item of property is precluded from making an alternative disposition, either during lifetime or upon death. ...more

Davis Wright Tremaine LLP

Tips for Harmonious Joint Family Ownership of Vacation Properties

by Davis Wright Tremaine LLP on

With proper planning, owning vacation property with other family members can be a pleasant and even bonding experience. The key is to determine, as early as possible, what the parties expect and desire from the property...more

Bryan Cave Leighton Paisner

Beware The Constructive Trust When Relying On ‘Informal’ Estate Distributions

by Bryan Cave Leighton Paisner on

We like when families can work out their estate disputes outside of the courtroom. Georgia, for one, embraces the “family settlement doctrine,” where heirs at law can agree to distribute or divide property devised under a...more

McNees Wallace & Nurick LLC

IRS Proposes New Rules for Valuing Interests in Family-Owned Businesses

by McNees Wallace & Nurick LLC on

Earlier this month, the IRS issued long-awaited proposed regulations under Section 2704 of the Internal Revenue Code that, if adopted, will have a substantial impact on traditional estate planning techniques commonly utilized...more

Adler Pollock & Sheehan P.C.

Estate Planning Pitfall: You’re transferring your home to your children

by Adler Pollock & Sheehan P.C. on

Frequently, parents choose to transfer ownership of a home to their adult children to remove it from their taxable estates. There are many good reasons to do this, but the road is paved with tax potholes. This brief article...more

Adler Pollock & Sheehan P.C.

Insight on Estate Planning - August/September 2016

by Adler Pollock & Sheehan P.C. on

In This Issue: - Alternate valuation date: Flexible postmortem planning a plus when markets are volatile - The write stuff: A letter of instructions - Making the most of your GST tax exemption - Estate...more

Farella Braun + Martel LLP

Three Ways to Guard Heirs From Big Wine Realty Tax Bill

by Farella Braun + Martel LLP on

Estate-planning is often focused on reducing or eliminating estate tax at death. As the estate-tax exemption has increased in recent years — currently $5.45 million and counting — there is a shift to planning for income and...more

Tucker Arensberg, P.C.

Family Vacation Home Planning

by Tucker Arensberg, P.C. on

Transferring a family vacation home to the next generation without causing family strife takes serious planning. Even if the ultimate decision is to have the children own the property outright and figure out how to make it...more

Winstead PC

Court Affirmed Holding That Trust Owned Real Estate And Was Entitled To Attorney’s Fees

by Winstead PC on

In Courtade v. Estrada, Estrada created an inter vivos irrevocable trust and deeded real estate into the trust. No. 02-14-00295-CV, 2016 Tex. App. LEXIS 3105 (Tex. App.—Fort Worth March 24, 2016, no pet. history). Two days...more

McNees Wallace & Nurick LLC

Estate Planning For Real Property

by McNees Wallace & Nurick LLC on

Often the most difficult asset for which to plan in an estate plan is non-commercial real property such as a family farm, a hunting cabin or other recreational property. This is especially true when the property makes up a...more

McNees Wallace & Nurick LLC

Business Succession Planning - February 2016

by McNees Wallace & Nurick LLC on

The transition of a family owned or closely-held business is a significant undertaking even with the best laid plan. This article will outline the issues that should be considered by the business owner in transitioning a...more

Farella Braun + Martel LLP

California’s New Transfer on Death Deed

by Farella Braun + Martel LLP on

As of January 1, 2016, California law allows the use of transfer on death (TOD) deeds for real property. A TOD deed is a revocable beneficiary deed, involving the transfer of an individual’s residence (limited to multi-unit...more

Smith Anderson

Section 1031 Exchanges: Innovative Strategies and Issues

by Smith Anderson on

This webinar addresses the requirements for 1031 Exchanges, the various types of 1031 Exchanges, and issues involving 1031 Exchanges in partnerships, limited liability companies and tenant-in-common situations. Please...more

Varnum LLP

Cottage Transfers of Ownership without Uncapping Property Tax Broadened Under Michigan House Bill

by Varnum LLP on

On December 27, 2012, HR-4753 was signed into law by Michigan Gov. Rick Snyder. As discussed in our previous blog post, "HR-4753: An Early Christmas Gift for Michigan Cottage Owners!", this law prevents the uncapping of...more

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