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Estate Planning › Surviving Spouse › Spouses

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 -
Fox Rothschild LLP

Managing Das Haus in a Second Marriage Estate Plan

Fox Rothschild LLP on

So, you have remarried. Perhaps it has been 30 months; maybe 30 years. When you got together the guy/girl moved into your crib. It’s always been titled in your name and it’s the house you got in your divorce from No. 1. Now...more

Allen Barron, Inc.

What is Known as the IRS Survivor’s Penalty?

Allen Barron, Inc. on

What is known as the IRS survivor’s penalty, and is there anything that can be done to provide for a surviving spouse as we age? The “survivor’s penalty” is the likelihood that a surviving spouse will face higher federal and...more

Fox Rothschild LLP

Appellate Division Holds that Newly Enacted Statute to Close the Black Hole Applies Retroactively

Fox Rothschild LLP on

Last week, I blogged about the new statute that closed the block hole that existed when a party who held most or all of the assets died during while a divorce was pending. Specifically, the new statute permits the court to...more

Fox Rothschild LLP

Divorce Ambivalence Can Come at a Hefty Price

Fox Rothschild LLP on

When I first read the precedential ruling of the Pennsylvania Superior Court in Shell v. Shell, I really didn’t find it noteworthy enough to write about. This is a case where a spouse discovered that her husband was moving...more

Fox Rothschild LLP

Terms of Estrangement: Should Your Estate Documents Be “Saying More.”

Fox Rothschild LLP on

Beginning in 2020 a new topic entered the estate planning world based on studies done at Cornell University. Cornell started what they call a “Family Reconciliation Project” and in 2021 they published data indicating that in...more

Rivkin Radler LLP

Transferee Liability for Estate Tax: The Downside of Being a Beneficiary

Rivkin Radler LLP on

Death of a Parent- In the context of a family-owned business, it is often the case that the matriarch or patriarch of the family is also the chief executive of the business. They may have founded the business, or they may...more

Shumaker, Loop & Kendrick, LLP

The Estate Planner, September/October 2022

Shumaker, Loop & Kendrick, LLP on

Estate planning for the happily married - Hedge your bets with a SLAT One of the biggest challenges of estate planning is dealing with uncertainty. For 2022, for example, the federal gift and estate tax exemption is $12.06...more

Adler Pollock & Sheehan P.C.

QTIP Trust: Strange Name, Powerful Trust

Adler Pollock & Sheehan P.C. on

Granted, a QTIP trust is an odd sounding name for an estate planning technique. Nevertheless, it can be a valuable strategy, especially if you’re currently in a second marriage. The QTIP moniker is an acronym for the...more

Winstead PC

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

Winstead PC on

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

Lowndes

Florida’s Elective Share: Just What the Disinherited Spouse Needed

Lowndes on

It happens more often than you think: A surviving spouse is unknowingly excised from their predeceased spouse’s last will and testament to ostensibly be left with nothing. For instance, The Cars front man, Ric Ocasek, removed...more

Winstead PC

Administrator Of An Estate Has The Power To Seek The Partition Of Community Property

Winstead PC on

In Estate of Tillotson, an administrator of a decedent’s estate filed a turn over motion to have the decedent’s husband turn over the decedent’s community property interest in certain accounts. No. 05-20-00258-CV, 2021 Tex....more

Downey Brand LLP

New California Statutes Change Spousal Undue Influence Presumptions

Downey Brand LLP on

California trust and estate disputes often involve allegations that a surviving spouse took advantage of a deceased spouse so as to get more of the latter’s assets. Often the “spousal financial abuse” charges are leveled by...more

Burns & Levinson LLP

Why You Need a Trust

Burns & Levinson LLP on

People often ask “Why do I need a trust?” Some folks think they can get by with a simple will. Here is why you probably need more than that...more

Adler Pollock & Sheehan P.C.

Insight on Estate Planning - April/May 2019: A second walk down the aisle can complicate estate planning

Adler Pollock & Sheehan P.C. on

An estate planning rule of thumb is to review (and, if necessary, revise) one’s estate plan in light of major life events. Such events include a marriage, birth of a child and a divorce. A second marriage also calls for an...more

Saul Ewing LLP

Does Your Spouse Know?

Saul Ewing LLP on

In most households, there is one spouse who handles financial matters- paying bills, filing tax returns, planning retirement income. While division of labor might be great, there could be problems if the "non-financial"...more

Chambliss, Bahner & Stophel, P.C.

Window Closing for Couples to Use 'Claim Now, Claim More Later' Social Security Strategy

Chambliss, Bahner & Stophel, P.C. on

Spouses who are turning full retirement age this year are the last group who can choose whether to take spousal benefits or to take benefits on their own record. The strategy, used by some couples to maximize their benefits,...more

Bradley Arant Boult Cummings LLP

Eleventh Circuit Rules Reverse Mortgage Companies Not Prohibited from Foreclosing on Non-Borrowing Spouses

Bradley Arant Boult Cummings LLP on

Mortgagees of Home Equity Conversion Mortgages (“HECMs,” more commonly known as reverse mortgages) obtained a significant victory in an important federal appellate court, which ruled last month that non-borrowing spouses are...more

Adler Pollock & Sheehan P.C.

Understanding the contents of a will

Adler Pollock & Sheehan P.C. on

No estate plan is complete without a will. But what provisions should be included in it? This article explores the basic provisions of a will and how it should address estate taxes and specific bequests. A sidebar discusses...more

Ward and Smith, P.A.

QDOT-ting I's and Crossing T's: Estate Tax Planning for Non-United States Citizen Spouses

Ward and Smith, P.A. on

Individual and corporate citizens from countries around the world have moved to North Carolina and contributed materially to our state's economic, educational, and cultural growth. Foreign direct investment ("FDI") in North...more

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