News & Analysis as of September 21, 2024

Estate Claims

+ Follow

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 -

Planning to Avoid Fiduciary Litigation

Husch Blackwell LLP on 9/5/2024

When a loved one dies, the last thing you want to deal with is a lawsuit, or have your heirs inherit a lawsuit. After the death of a maternal or paternal figure that keeps the family together, tensions flare between siblings...more

Surprise: The MUPC, Intestacy, and Childless Couples

Burns & Levinson LLP on 2/23/2024

Once upon a time, I was a young newlywed. My spouse and I always assumed that because we had no money, no kids, and were married, we were each other’s heirs. We had numerous conversations about how neither of us needed a will...more

Best Advice to Avoid Common Estate Planning Mistakes

Burns & Levinson LLP on 12/8/2023

In my practice, I am fortunate to serve clients in developing tailored estate plans as well as administering the estates of recently deceased loved ones. This dual perspective exposes some common pitfalls that can undermine...more

[Webinar] Fiduciary Litigation Update 2022-2023 - December 19th, 10:00 am - 11:00 am CT

Winstead PC on 11/16/2023

This update will address the following issues: whether a party has a right to jury trial in trust modification and other similar actions, what are the standards for pretrial receivership and injunctive relief in trust...more

Do Estate Beneficiaries Have a Default Right to Live in Estate Property Rent Free Until the Property is Distributed?

Warner Norcross + Judd on 10/13/2023

No, according to In re Estate of Elze D. Harris, Docket No. 362364 (September 28, 2023). In Estate of Harris, the decedent’s three children were embroiled in litigation over who should control their deceased father’s...more

I’m A Childless, Single Adult. How Do I Navigate Establishing Fiduciaries?

Burns & Levinson LLP on 10/13/2023

Many people default to nominating a spouse or a child as personal representative of their estate or trustee of their trust, if they have one. However, when one has neither a spouse nor a child, who should one choose to fill...more

What to Expect: Your First Meeting with an Estate Planner

Burns & Levinson LLP on 9/29/2023

Any estate planning professional will tell you everyone should have an estate plan. But we also understand that the whole process can feel a bit daunting—finding an estate planning attorney, getting organized, making...more

Once Removed Episode 13: It’s 5 o’Clock: Do You Know Where Your Will Is? A Lesson From Aretha Franklin

McGuireWoods LLP on 8/9/2023

If you had to say where your will is located right now, could you? Despite the importance of that document, many clients are not sure where the original is located. In this episode, Steve discusses the case of Aretha...more

Armor Up! Protecting Your Estate Plan with a Human Touch

Downey Brand LLP on 7/25/2023

There are a few standard questions I almost always get when people find out that I work in probate litigation. “Do people call you right away when their relatives die?” “Isn’t that tough to deal with, emotionally?” And most...more

Whose Cello Is It Anyway? Or, a Lawyer, a Judge, and a Professional Athlete Talk About Family Litigation

Lowenstein Sandler LLP on 5/17/2023

In this episode of “Splitting Heirs” host Warren K. Racusin of Lowenstein’s Trusts & Estates practice is joined by Jeffrey J. Wild, Lowenstein partner and litigator whose practice focuses on fiduciary issues; the Honorable...more

Glossary of Estate Planning Terms

Adler Pollock & Sheehan P.C. on 5/16/2023

Estate planning has a language of its own. While you may be familiar with common terms such as a will, a trust or an executor, you may not be as certain about others. For quick reference, here’s a glossary of terms you’re...more

The Baby-Boomer Generation & The Largest Succession of Wealth in History: The New Frontier in Asset Recovery - Presentation

Winstead PC on 5/8/2023

David F. Johnson participated in a panel presentation entitled “The Baby-Boomer Generation & The Largest Succession of Wealth in History: The New Frontier in Asset Recovery?” for the Offshore Alert Miami Conference on April...more

The Estate Planner, May/June 2023

Shumaker, Loop & Kendrick, LLP on 5/1/2023

SECURE 2.0 provides a boost to your retirement and estate plans - The SECURE 2.0 Act of 2022 (SECURE 2.0) expands on the changes made by the Setting Every Community Up for Retirement Enhancement Act of 2019 (SECURE Act)....more

Challenging a Will: What We Can Learn From Priscilla Presley

Burns & Levinson LLP on 3/31/2023

Elvis Has Left the Building - In 1977, when Elvis Presley died (to put a complicated situation very simply), his estate and any future royalties generated by his intellectual property, including his music, passed into a...more

Can I Fight My Family Member’s Inheritance?

Burns & Levinson LLP on 12/15/2022

Picture this: your great aunt has died and left you and your brother each one million dollars, her entire estate, in a will. Great, right? Now imagine that your brother never appreciated your great aunt during her lifetime,...more

Will My Estate Plan Protect My Loved Ones?

Burns & Levinson LLP on 9/2/2022

It is a common misconception that if a person has a will, there will be no need for court proceedings upon their death. In Massachusetts, however, a will must always be admitted to probate, a process requiring various forms...more

I Am a Child of an Affair. What Rights Do I Have to My Parent’s Estate?

Burns & Levinson LLP on 7/12/2022

Picture this: your family has a longstanding rumor that you are the child of an affair. Not only that, but it is an open secret who your family believes your other parent is. One day, you hear that the possible other parent...more

When Two Trusted Advisors Disagree

Sands Anderson PC on 6/22/2022

Occasionally, you may receive conflicting advice from two people – both people you trust, both skilled in their fields. How do you decide what to do?...more

Summertime Sadness: Will My Grandparents’ Property Stay in The Family When They Die?

Burns & Levinson LLP on 6/10/2022

Many of us have fond memories of visiting our grandparents at their summer property, whether at a beach house on Cape Cod or in the middle of the woods in the Berkshires. But what happens to this property once your...more

Challenging a Will Based on Incapacity or Undue Influence

Burns & Levinson LLP on 5/27/2022

When a loved one passes away and their estate plan is revealed for the first time, it is common to experience varied emotions, including curiosity, disappointment, and anger. Depending on the beneficial interests or fiduciary...more

The Estate Planner, May/June 2022

Shumaker, Loop & Kendrick, LLP on 5/23/2022

You’ve received an inheritance: Now what? If you’ve received, or will soon receive, a significant inheritance, it may be tempting to view it as “found money” that can be spent freely. But unless your current financial plan...more

Five Common Questions About Estate Plans Answered

Burns & Levinson LLP on 3/31/2022

Estate planning can be confusing for many. It can be daunting to contemplate your own demise, but there are many reasons it is important to have an estate plan. An estate plan can prevent placing a larger burden on your...more

I Have a Secret Relationship. How Do I Include Them in My Estate Plan?

Burns & Levinson LLP on 3/3/2022

Typically, when couples put together an estate plan, they do so jointly with a single attorney representing both spouses. It is more cost-efficient, allows for open discussion with all parties, and ensures there are no...more

My Stepmother Inherited Everything. What Can I Do?

Burns & Levinson LLP on 1/10/2022

Losing a parent is difficult. Beyond managing your personal and emotional wellbeing, you may need to settle their affairs and handle certain administrative tasks. But what do you do if your parent left everything to their...more

Protecting Your Estate Plan from Challenges: No-Contest Clause Explained

Ruder Ware on 12/9/2021

People handle grief differently and sometimes how a person handles the death of a loved one can be both confusing and also extremely frustrating - fighting over little things like, who gets the table and the chairs, for...more

39 Results

View per page

Page: of 2

Estate Planning › Wills › Estate Claims

"My best business intelligence, in one easy email…"