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Executors

Winstead PC

Court Had Jurisdiction To Determine Claims Involving Non-Probate Assets

Winstead PC on

In Castaneda v. Chapa, the executrix of an estate sued regarding the decedent changing account designations and a deed to real estate. No.13-22-00537-CV2024 Tex. App. LEXIS 3376 (Tex. App.—Corpus Christi May 16, 2024, no pet....more

Stark & Stark

The Refunding Bond and Release

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What is a Refunding Bond and Release? If you are beneficiary of an Estate, at some point you will be asked to sign a Refunding Bond and Release prior to receiving your bequest from an Estate. The logical question that...more

Marshall Dennehey

Legal Updates for Lawyers’ Professional Liability - Case Law Update

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Florida Court of Appeal Holds that Illinois Law Firm Subject to Jurisdiction of State of Florida in Connection with Legal Malpractice Lawsuit Brought by Personal Representatives of Deceased Father’s Florida Estate - Neal...more

Stark & Stark

The Executors’ Duty to Timely Administer an Estate - When Do I Get My Distribution?

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As a beneficiary of an estate, you may be expecting to receive your inheritance in a timely fashion. Unfortunately, the process to properly administer an estate prior to distributions being made by an executor might take a...more

Allen Barron, Inc.

The Immediate Importance of Estate Planning

Allen Barron, Inc. on

What is the immediate importance of estate planning and why should any parent, business owner, homeowner, or those nearing retirement be focused on this issue? Why do most people delay one of the most critical financial and...more

Lerch, Early & Brewer

Ten Reasons Why You Should Prepare a Will

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Creating a last will and testament is the first step in creating an estate plan – a critical planning tool to ensure that your wishes are honored and that your loved ones are cared for after your death....more

Winstead PC

Court Affirmed The Removal Of An Executor For Gross Mismanagement

Winstead PC on

In Gordon v. Gordon, a couple created a revocable trust and named a friend, who provided financial advice, as successor trustee. No. 03-22-00454-CV, 2024 Tex. App. LEXIS 3611 (Tex. App.—Austin May 23, 2024, no pet. history)....more

Miles Mediation & Arbitration

The Case for Mediating Estate Disputes: An Option for Probate Attorneys to Consider

If you’ve ever served as an executor, you may already know how complicated, stressful, and time-consuming the process can be. In fact, according to a recent study, the average estate takes the executor about 570 hours to...more

Kohrman Jackson & Krantz LLP

Are You Ready for National Make-a-Will Month? Ten Essential Questions You Need to Answer

August is “National Make-a-Will” Month, the perfect opportunity to seriously consider your estate plan. Many delay this crucial task due to common misconceptions about what an estate involves. Here, we delve deeper into what...more

Lippes Mathias LLP

Understanding the Role of an Estate Representative and Choosing the Right Individual for your Estate Plan

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Once you have taken the essential step in formulating your estate plan, you must name an executor of your Will. Whom should you designate for this significant role, and what is expected of them?...more

Winstead PC

Court Affirms Summary Judgment For An Executrix’s Estate Based On Limitations

Winstead PC on

In In re Estate of Maun, a brother sued his sister’s estate for her performance as executrix of their mother’s estate since the late 1980s. No. 13-22-00576-CV, 2024 Tex. App. LEXIS 52 (Tex. App.—Corpus Christi January 4,...more

Adler Pollock & Sheehan P.C.

A Difficult Decision: Choosing the Right Person to Be Your Estate’s Executor

The executor of your estate acts as the quarterback of your estate plan. This person calls the shots for your estate and passes it through probate. Just like a football team scouting a quarterback, the decision about who to...more

Pullman & Comley, LLC

The Corporate Transparency Act and its Application to Estates and Trusts: Answers to Frequently Asked Questions

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The recently implemented Corporate Transparency Act (the “CTA”) requires that certain entities report information about themselves and their “beneficial ownership” to the Financial Crimes Enforcement Network of the United...more

Rivkin Radler LLP

Wendy and Jen Wreck the Movies: Baby Mama (2008), or What Not to Leave to Chance When You Are Expecting

Rivkin Radler LLP on

Kate Holbrook discovers that her chances of becoming pregnant are drastically reduced. Kate considers adoption, but a misguided social worker convinces her that her chances of being approved as an adoptive parent are limited...more

Dunlap Bennett & Ludwig PLLC

Do I Need A Will Or Living Trust In Washington State?

Choosing between a will and a living trust in Washington state can be confusing for various reasons. You may feel that you don’t know which estate planning tool will help you manage your financial portfolio or complex assets....more

Dunlap Bennett & Ludwig PLLC

Why You Need A Will In Washington State

The estate-planning process can be stressful and unpleasant. Many people put drafting a will off because they don’t want to think about leaving their loved ones behind. In some cases, people think they don’t need an estate...more

Goulston & Storrs PC

Following Formalities of Will Execution And Availability of Attorney Testimony Defeats Undue Influence Claims

Goulston & Storrs PC on

While undue influence claims are commonly asserted in probate proceedings, especially with the increased prevalence of dementia and similar disabilities, two recent cases from New York’s Appellate Division illustrate how...more

Lippes Mathias LLP

Maintaining Your Legacy: The Importance of Regularly Reviewing Your Estate Plan

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One of the most common questions raised by clients is: how often should I update my Will? The answer to this question must be examined on a case-by-case basis and is heavily dependent on each client’s ever-changing present...more

Lippes Mathias LLP

Considerations When Choosing Between a Trust vs. Will Estate Plan

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There are a number of considerations to make when deciding whether to proceed with a Will-based estate plan or a trust-based estate plan. First, as a general matter, there are two ways in which your estate can be distributed...more

Ward and Smith, P.A.

Protecting Your Family Business for When Marriages End

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Love may be eternal, but all relationships on this earth are guaranteed to end at some point. In fact, we know with certainty that every marriage is going to end in one of two ways, either by death or divorce....more

Allen Barron, Inc.

Why Do You Need Estate Planning?

Allen Barron, Inc. on

Why do you need estate planning no matter where you live, but especially in California? What is estate planning? Isn’t estate planning just for people with a lot of money, property and wealth? Why should someone just...more

Hendershot Cowart P.C.

Alternatives to Litigation in a Will Contest or Probate Dispute

When conflict arises in the settling of an estate – especially a high-net-worth estate – the parties involved may look to the courts to help resolve the dispute. Litigation is one way to settle probate disputes, but it is...more

Dunlap Bennett & Ludwig PLLC

Estate Planning: What You Should Consider

While many think that crafting an estate plan like a will or a trust is a relatively straightforward matter, numerous considerations go into making an effective estate plan to provide for your loved ones....more

Adler Pollock & Sheehan P.C.

No Time Like the Present: Address Top Estate Planning Priorities Today

When it comes to estate planning, consider taking a page out of the Boy Scouts Handbook: Be prepared. The last thing you want is for your family to be scrambling to pick up the pieces after your death. Of course, you’ll need...more

Winstead PC

Texas Court Approves Accounting In An Estate Dispute

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In Many v. Ridgely, a decedent’s son and daughter were beneficiaries of her estate. No. 03-21-00520-CV, 2023 Tex. App. LEXIS 8189 (Tex. App.—Austin October 27, 2023, no pet. history)...more

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