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Estate Planning › State and Local Government

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 -
Sullivan & Worcester

LePage v. Mobile Infirmary Association: Alabama Wrongful Death of a Minor Statute Applies to Cryogenically Preserved Embryos

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Carole M. Bass and Cara Koss co-authored this article. The authors have long raised as an issue the impact personhood legislation could have on assisted reproduction and, by extension, on estate and trust administration...more

McDermott Will & Emery

Window Closing for New Yorkers to Take Advantage of Expanded Federal Tax Exclusions and Exemptions

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The federal gift and estate tax exclusions and the generation-skipping transfer (GST) tax exemption increased significantly under the Tax Cuts and Jobs Act of 2017 (TCJA). Recent inflation adjustments have expanded them even...more

DarrowEverett LLP

Time to Step Up? Florida’s Community Property Trust Act Worth A Look

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Unknown to many Floridians, Florida enacted the Community Property Trust Act which went into effect on July 1, 2021, and established the ability to convert non-community property into community property. The community...more

Verrill

2023 Massachusetts Tax Update

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Massachusetts Estate Tax: For decedents dying on or after January 1, 2023, there is no Massachusetts estate tax for an estate under $2,000,000. The law does not adjust the filing threshold so state tax returns may still be...more

Burns & Levinson LLP

MA Estate Tax Update: Major First Step as House Approves $2M Estate Tax Exemption

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Today, September 27, 2023, the Massachusetts House of Representatives approved an increase to the Massachusetts estate tax filing threshold to $2,000,000....more

McDermott Will & Emery

Expanded Federal Tax Exclusions and Exemptions Mean Greater Opportunities for New Yorkers

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The federal gift and estate tax exclusions and the generation-skipping transfer (GST) tax exemption increased significantly under the Tax Cuts and Jobs Act of 2017 (TCJA). Recent inflation adjustments have expanded them even...more

Perkins Coie

Washington Court of Appeals Limits B&O Tax Deduction for Investment Income

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The Washington Court of Appeals has held that investment funds are subject to Washington state business and occupation (B&O) tax on their investment income. Although Washington law allows taxpayers to deduct “amounts derived...more

DarrowEverett LLP

Potential Changes Threaten Estate Planning Strategies, Create Urgency to Act

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Actor Will Rogers is widely credited with stating that “the only difference between death and taxes is that death doesn’t get worse every time Congress meets.” While most taxpayers fear tax laws changing for the worse, estate...more

Rivkin Radler LLP

You “Placed Your Trust” In New York? You May Be Sorry You Did

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According to a report issued by the National Association of Realtors a couple of days ago, last year saw a large outmigration of people from California and New York, while Florida and Texas experienced a comparably large...more

Shutts & Bowen LLP

Written Disclosure Requirements for Attorney Fees in Trust and Estate Administrations

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House Bill 625 (2021), sponsored by Representative Clay Yarborough, R–Jacksonville, amends Sections 733.6167 and 736.1007 of the Florida Statutes to provide that if an attorney intends to charge a fee for an estate or initial...more

Rivkin Radler LLP

NY’s Gestational Surrogacy Law Comes With Estate Planning Requirements

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On February 16, 2021, New York state legalized compensated gestational surrogacy. The Child-Parent Security Act (the Act) imposes estate planning requirements on the intended parents. Required Estate Planning- Prior to...more

Winstead PC

Court Reverses Receivership Order In Partnership Dispute Because The Probate Court Did Not Have Jurisdiction To Enter A...

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In In re Estate of Hallmark, an executrix of an estate filed suit in probate court for declarations regarding a partnership and sued the other partners. No. 11-18-00187-CV 2020 Tex. App. LEXIS 7063 (Tex. App.—Eastland August...more

Obermayer Rebmann Maxwell & Hippel LLP

Intestacy Laws – Why Most People Still Need a Will

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Many people are fearful of contemplating their own deaths. However, failure to plan or consider what should happen to your assets at death may be very harmful to your family. If you fail to plan and die without a will, the...more

Rivkin Radler LLP

Without a Plan, the State Decides Where Your Assets Go

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You’ve heard the adage: Those who fail to plan, plan to fail. Never is that more true than with estate planning. When you create an estate plan, you choose exactly who gets your assets, how they get them and in what manner...more

Obermayer Rebmann Maxwell & Hippel LLP

Remote Notarization for Certain Estate Planning Documents During Coronavirus Emergency

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During the healthcare crisis caused by COVID-19, Pennsylvania and New Jersey have temporarily suspended their requirement that notaries be physically present at the execution of certain estate planning documents. For many...more

Farrell Fritz, P.C.

The Remote Witnessing Of Estate Planninig Documents During The COVID-19 Pandemic

Farrell Fritz, P.C. on

As our everyday life continues to be impacted by the novel coronavirus (COVID-19), Governor Andrew Cuomo has signed various executive orders to address the issues faced by the State and its residents during these...more

Cranfill Sumner LLP

Who, What, When, Where, & Why of Estate Planning During Covid-19 and Beyond

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When a health crisis hits, families often scramble to find and locate estate planning documents and other legal documents. At times, loved ones learn that the documents are not consistent with the plans they believed were in...more

Tucker Arensberg, P.C.

PA Inheritance Tax Rate Reduced to 0% for Parent to Child 21 and Under

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On June 28, 2019, the governor approved HB 262, which includes the reduction of the inheritance tax rate to 0% on property transferred from a natural parent, adoptive parent, or step-parent to or for the benefit of a child...more

Cozen O'Connor

The Pitfalls of Transferring Assets Into Trust Prior to Divorce

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Transferring assets into trust for the benefit of children or others is a common estate planning tool. The party making the transfer into a trust gives up any right to control the property or its distribution....more

Farrell Fritz, P.C.

Death and Digital Content: Protecting Digital Assets After The Death Of A User

Farrell Fritz, P.C. on

In 2016, the New York Legislature enacted a version of the Uniform Law Commission’s Revised Uniform Fiduciary Access to Digital Assets Act in Article 13-A (“Article 13-A”) of the Estates, Powers and Trusts Law (“EPTL”). ...more

Smith Debnam Narron Drake Saintsing & Myers,...

Should You Revise Your Power Of Attorney?

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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

Smith Debnam Narron Drake Saintsing & Myers,...

2018 Brings Changes To North Carolina’s Power Of Attorney Act

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At the end of last year, North Carolina Session Law 2017-153 (Senate Bill 569) was signed into law. The law adopted the NC Uniform Power of Attorney Act, which makes substantial changes to North Carolina’s power of attorney...more

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