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Estate Planning Wills

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 -

A Well-Planned Estate Can Quell Family Squabbles Before They Start

From Esau, who rashly traded his birthright to his twin brother Jacob for a cup of soup, to King Lear’s ill-conceived plan to leave his riches to only two out of three daughters, family dynamics can lead to estate...more

Undue Influence – The Carpenter’s Exception In Will Contests

by Fox Rothschild LLP on

In a proceeding contesting the validity of a will, the proponent of the will only has the burden to establish that the will was executed with the required formalities. The burden then shifts to the contestant to establish...more

How to Break Through a "No-Contest Clause" in a Will or Trust in Michigan

by Clark Hill PLC on

After much thought and consideration, Alice decided to update her Last Will and Testament to change the amounts her two sons, Bob and Charles, will receive upon her death. Instead of dividing her estate equally between Bob...more

Spare Your Heirs the Guitar Man’s Fate: Three Tips for an Estate Plan That Silences Arguments Over Family Heirlooms

When Grateful Dead front man Jerry Garcia died in 1995, he left his custom guitars to the man who made them. But Douglas Irwin, who built the guitars known as Eagle, Wolf, Tiger, Wolf Jr. and Rosebud, ran into opposition...more

Determining Whether There Has Been Undue Influence

The presumption of undue influence when the evidence demonstrates that a person in a confidential relationship with a grantor or testator of weakened intellect receives a substantial portion of the grantor/testator’s property...more

How John Steinbeck’s Estate Planning Missteps Led to Family Feud and $13 Million Jury Award

When celebrated author John Steinbeck died in the late 1960s, he left a considerable literary legacy that included the classic American novels The Grapes of Wrath, East of Eden, and the novella Of Mice and Men. He also...more

The Wrong Estate Executor Can Make Family Drama Worse, As Jerry Garcia’s Heirs Discovered

When Grateful Dead legend Jerry Garcia died of a heart attack in 1995 at age 53, he left his assets to his third wife, three daughters by two ex-wives, a fourth daughter by a former girlfriend, and a step-daughter, among...more

Look! Up in the Sky! It’s Sibling Lawyer!

by Downey Brand LLP on

I’m a sibling lawyer. My career started early, as a middle child, and now continues as a Sacramento-based trust and estate litigation attorney. Most of my clients are grappling with sisters or brothers over the care and...more

How A POA Can Change Your Will

by Fox Rothschild LLP on

The Delaware Supreme Court has just reached a decision that highlights the importance of taking the time to review your estate planning documents each and every year to ensure that the documents still fit, and not...more

Who Determines How to Celebrate Your Life and the Disposition of You When You Die?

An often-overlooked step in the estate planning process is determining how you want the world to celebrate your life and determining your final resting place. If not addressed, conflict may occur because different loved ones...more

Take It or Leave It: The Perilous Decision of Whether to Violate a No Contest Clause

by Downey Brand LLP on

One of the most dramatic areas of California trust and estate litigation is no contest clauses. No contest clauses bring a made-for-tv excitement to the practice of trust and estate law because of the risk of...more

Estate Planning Pitfall: You die without having drafted a will

Where there’s a will, there’s a way — a way to pass assets to heirs in the manner in which a person wants. However, if an individual dies without a will, assets will be distributed according to state law, regardless of the...more

Top Six Reasons NOT to Have an Estate Plan

Tired of bossy blogs telling you to get an estate plan? Good advice is boring. Your life is exciting and should have a dramatic ending. And you can have it. ...more

Wealth Management Update - July 2017

by Proskauer Rose LLP on

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

Insight on Estate Planning - August/September 2017

In This Issue: - An uncertain tax climate: An estate tax repeal might result in negative tax consequences for some families - A 529 plan can benefit your estate plan - Would a spendthrift trust help achieve your...more

A Will Must Be Signed, Right?

by Dickinson Wright on

Wrong. In a recently published case, the Michigan Court of Appeals took what has previously been taken as fact – that a will needs to be signed for it to be admitted to probate – and turned it on its head. In In re Estate...more

Avoid An Unpleasant Surprise: Review Your Will Regularly

by Fox Rothschild LLP on

Many people sign a will and assume they never need to look at it again. As lawyers, we prepare wills that are flexible and deal with multiple possible (even if unlikely) scenarios, but sometimes an unanticipated change and an...more

When Should I Get a Last Will and Testament?

by Reminger Co., LPA on

Lexis Nexis claims that 55% of American adults do not have a last will and testament or some kind of an estate plan. This means that more than half of American estates have their personal assets pass via intestacy - without a...more

What You Can Do To Minimize the Likelihood of Someone Contesting Your Will

by Moskowitz LLP on

In our first two posts in this series, we discussed who has legal standing to challenge a will and what grounds may form the basis of a will contest. In this third and final post on will contests, we will introduce a few...more

The Best Housewarming Gift for the Unmarried Couple: An Estate Plan

“Thinking too long about doing something is often the reason it never gets done.” –Everyday Life Lessons - In recent years, a growing number of Americans are deciding to cohabitate instead of getting married or...more

Estate planning during divorce: It’s never too early to start

by Thompson Coburn LLP on

Estate plans prepared for married couples will vary in complexity and detail but generally follow the same theme: The revocable trust or will typically provides that upon the death of the first spouse, the surviving spouse...more

The sandwich generation: A slice of life

If a person is pulled between the pressing needs of elderly parents and his or her own children, he or she is part of the “sandwich generation.” This position can lead to frustration, anguish and even financial loss. This...more

Insight on Estate Planning - June/July 2017

The sandwich generation: A slice of life - Do you feel like you’re pulled between the pressing needs of your elderly parents and your own children? If so, you’re part of the “sandwich generation,” the term coined to...more

Where is my Loved One’s Will?

A simple gift you can give to your family is letting them know where to find your original will. While it is possible to probate a copy, it is much more difficult and time-consuming. ...more

Why You Should Create A Will: What's Stopping You?

Having a will is imperative to ensure that your money and belongings are distributed according to your wishes after your death. Wills can distribute property, name an executor and guardians for children, forgive debts and...more

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