News & Analysis as of September 20, 2024

Personal Representatives

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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 -

How to Fire Your Fiduciary

Burns & Levinson LLP on 10/18/2022

There may come a time in your life when you are in need of a fiduciary. A fiduciary relationship is deemed to exist when one party is bound to act for the benefit of another party. You may have the opportunity to choose your...more

Probate & Fiduciary Litigation Newsletter - December 2021

Goulston & Storrs PC on 11/22/2021

Daughter with Power of Attorney Had Burden to Show No Undue Influence over Father - Coscia v. Sweezey, 2021 WL 4765696 (Mass App. Ct. October 13, 2021) - Does holding a power of attorney from a parent in declining...more

10 Reasons to Review Your Current Estate Plan

Bowditch & Dewey on 11/1/2021

Estate plans are supposed to be living documents that evolve over time. Generally, you should review your plan every 5 years to stay current, or whenever you or your beneficiaries have a major life event such as marriage, the...more

The COVID-19 Pandemic and Personal Planning

Bass, Berry & Sims PLC on 5/31/2020

The coronavirus (COVID-19) has impacted the lives of millions across the globe, causing the loss of loved ones and livelihoods and heightening concerns for health and personal and financial safety. In these uncertain times,...more

Your Guide to Essential Estate Planning Documents

Jaburg Wilk on 5/11/2020

If you’re like most people, there is a laundry list of things you’d rather do than think about your estate plan. While it can be a challenging area to discuss, your estate plan is essential to ensure you and your family are...more

Insight on Estate Planning - February/March 2020: Executors and trustees: The name game

Adler Pollock & Sheehan P.C. on 2/12/2020

It’s important to name executors and trustees who can provide the necessary expertise in handling assets and duties. This article details the duties of an executor and a trustee. A sidebar explains the need to name successors...more

Do You Have the Right Fiduciary?

Chambliss, Bahner & Stophel, P.C. on 1/28/2020

A fiduciary is a fancy legal term for the person who will take care of your property for you if you are unable to do it yourself, such as the executor of an estate, the trustee of a trust, or an attorney-in-fact under a power...more

Discussing Death and Dying

Conn Kavanaugh on 10/2/2019

A morbid topic? Of course! But for our older clients and their adult children in the sandwich generation (young children of their own and aging parents) having the discussion can be extremely beneficial to both the elder and...more

Texas Statutes Now Allow A Court To Modify Or Reform An Unambiguous Will

Winstead PC on 6/7/2019

I. Introduction Historically, Texas courts could not resort to extrinsic evidence to construe an unambiguous will. San Antonio Area Foundation v. Lang, 35 S.W.3d 636 (Tex. 2000)....more

Personal Representatives and Fiduciaries: Executors, Administrators and Trustees and Their Duties

White and Williams LLP on 1/30/2019

The death of a loved one or close friend is a traumatic experience. In addition to the emotional anguish, those who are charged with dealing with the decedent’s personal and financial affairs following death are often left...more

My Will, My Trust ... What's the Difference?

Burns & Levinson LLP on 1/3/2019

You just had a meeting with your estate planner, and are certain that an excellent estate plan was proposed. Something about a will, a trust (or was it two trusts?), and lots of discussion about who should be executor (was...more

T&E Litigation Newsletter - February 2017

Goulston & Storrs PC on 2/14/2017

Several recent decisions serve as a good reminder that it is not only the Probate and Family Court that addresses important T&E issues in Massachusetts. In the consolidated matters of Hanna et al. v. Williams et al.,...more

Wealth Management Update - February 2017

Proskauer Rose LLP on 2/4/2017

February Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts - The February § 7520 rate for use with estate planning techniques such as CRTs, CLTs, QPRTs...more

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