News & Analysis as of

Estate Planning Revocation

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 -
Patton Sullivan Brodehl LLP

California Supreme Court Clarifies Trust Amendment Rules for Conflicts Between Trust Terms and the Probate Code

The California Supreme Court recently addressed the complexities surrounding trust amendments in the case of Haggerty v. Thornton (2024) 15 Cal.5th 729. The case settled the confusion over potential conflicts between trust...more

Downey Brand LLP

En Garde! A Trust’s Revocation Method May Not Be Enforced Unless It Explicitly States It’s the Exclusive Means of Revocation

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Creators of trusts (also known as settlors or trustors) usually think long and hard about how their property should pass when they die. It’s therefore common for trustors, or their lawyers, to incorporate protective...more

Brooks Pierce

Ten Important Changes in the N.C. Uniform Power of Attorney Act

Brooks Pierce on

While it may be hard for some to believe, we are rapidly approaching an important anniversary: Jan. 1, 2019 will mark one year from the date the North Carolina Uniform Power of Attorney Act (codified as Chapter 32C of the...more

BCLP

When Military Wills Do Not Contemplate Future-Born Children

BCLP on

Estate planning probably isn’t high on the priority list for many 20-year-olds, even if they are 20-year-olds serving in uniform. While the Armed Forces may make it easy for those serving our country to get a will, these...more

Chambliss, Bahner & Stophel, P.C.

Revoking a Power of Attorney

If for any reason, you become unhappy with the person you have appointed to make decisions for you under a durable power of attorney, you may revoke the power of attorney at any time. There are a few steps you should take to...more

Winstead PC

Court Voided Judgment Based On Family Settlement Agreement Where Party Revoked Consent

Winstead PC on

In In re Estate of Spiller, a party appealed an order admitting a will to probate and ordering the independent administrator to distribute the estate in accordance with a family settlement agreement. No. 04-15-00449-CV, 2016...more

Winstead PC

Court Affirms Power Of Attorney Holder’s Right To Revoke Gift

Winstead PC on

In Wise v. Mitchell, a power of attorney holder, Mitchell, filed a revocation of a deed that the principal issued to Wise. No. 05-15-00610-CV, 2016 Tex. App. LEXIS 6502 (Tex. App.—Dallas June 20, 2016, no pet. history). After...more

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