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Family Members Estate Claims

Fleurinord Law PLLC

Navigating the Twists and Turns of Aretha Franklin’s Estate 5 Years Later: Lessons Under Texas and Florida State Laws

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Aretha Franklin, the legendary Queen of Soul, passed away on August 16, 2018 from pancreatic cancer at the age of 76 in Detroit, Michigan.  She left a legacy marked by her incomparable music and talent, and a $6 million...more

Burns & Levinson LLP

Surprise: The MUPC, Intestacy, and Childless Couples

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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

Gray Reed

Live-In Mom Killed Daughter’s Father: Her Rights to the Child’s Inheritance?

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Kittie started dating her daughter’s boyfriend Butch when he was 17 years old. They apparently dated for over twenty years, during which time Kittie purchased him a house to “use.” Butch later moved into the house with his...more

Burns & Levinson LLP

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

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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

Lowenstein Sandler LLP

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

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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

Gray Reed

Illegitimate Heirs – Trust Language: “Hi, I Think Your Dad is also My Dad” – Part 2

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Mary Goodblood grew up believing that she was the only daughter of Cash Goodblood. One day, 25 years after Cash died, and to no one’s surprise after the lucrative sale of the Goodblood family business was plastered on the...more

Burns & Levinson LLP

Challenging a Will: What We Can Learn From Priscilla Presley

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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

Burns & Levinson LLP

Can I Fight My Family Member’s Inheritance?

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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

Burns & Levinson LLP

Will My Estate Plan Protect My Loved Ones?

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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

Burns & Levinson LLP

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

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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

Sands Anderson PC

When Two Trusted Advisors Disagree

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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

Burns & Levinson LLP

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

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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

Burns & Levinson LLP

Challenging a Will Based on Incapacity or Undue Influence

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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

Shumaker, Loop & Kendrick, LLP

The Estate Planner, May/June 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

Sands Anderson PC

Planning in Transition

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All of us go through periods of transition. Things change, for better and for worse, and every transition is an opportunity to take a fresh look at where we are, what we have done, and where we want to be....more

Burns & Levinson LLP

My Stepmother Inherited Everything. What Can I Do?

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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

Burns & Levinson LLP

The Importance of Explaining Estate Plans to Your Adult Children

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Last week, my colleague Noelle Lussier provided valuable insights into avoiding probate litigation. Building off of that, with a particular emphasis on litigation concerning the validity of Wills and Trusts, one common theme...more

Burns & Levinson LLP

Don’t Trust Your Parent’s New Partner? What You Need to Know About Inheritance

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Meeting your parent’s new partner for the first time over the holidays can be a stressful experience. Other than having to share your favorite family dessert with this new individual, you might also begin to question how this...more

Burns & Levinson LLP

My Sibling is a Narcissist: Strategies for Fiduciary Litigation

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So, your sibling is a narcissist. Could this affect your inheritance under your parents’ estate plan? Here are some common intrafamilial disputes and possible strategies to avoid being disinherited as a result of your...more

Burns & Levinson LLP

What To Do if Estate Assets Need To Be Managed During Litigation: Examining the Austen Family

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In our new family, the Austens, father Jack Austen, built up a successful residential real estate company, Oceanic Real Estate, LLC. Upon his tragic death in a plane crash in 2019, it is likely that at least Kate will...more

Bennett Jones LLP

Logan Estate: An Example of Best Practices in Will Drafting

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A person who challenges the validity of a will has the burden of rebutting the presumption that a will is valid. In Logan Estate (Re), 2021 ABCA 6, the challenger was unable to rebut this presumption due to the strength of...more

Downey Brand LLP

Take a Fire Prevention Approach to Your Estate Plan

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As we enter the New Year, it’s a good time to revisit your estate plan. The big question is whether your will, trust, power of attorney, and advance health care directive accomplish your personal objectives. Guidance from an...more

Burns & Levinson LLP

The Estate of Johnny Smith

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Last week, we introduced you to the Smith and Alexander families, and Patricia Malley explained to us that Johnny Smith likely inherited all of Jocelyn Smith’s assets under Massachusetts intestacy law upon her untimely death...more

Downey Brand LLP

Who Gets the Tahoe House and Other California Real Estate Inheritance Disputes

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Many California trust and estate disputes involve the allocation of real estate amongst several beneficiaries. Mom and Dad, may they rest in peace, owned an upscale home in the Fab 40s neighborhood of East Sacramento, a sweet...more

Robins Kaplan LLP

[Webinar] Ripped from the Case Law - October 13th, 1:00 pm - 2:00 pm CT

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Producers, writers, and reporters have long been fascinated with high-stakes wealth, estate and trusts, and shareholder disputes. Whether tragic or comic, the drama between clients, families, business partners, as well as the...more

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