News & Analysis as of

Heirs

Allen Barron, Inc.

Tax and Estate Planning for Small Business Owners and S Corporations with No Employees

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Many small business owners mistakenly believe business succession planning and estate planning is for those with substantial wealth. This is simply a myth which does not reflect the nature of business or home ownership....more

Allen Barron, Inc.

Remarriage and a Blended Family - It's Time for a New or Updated Estate Plan

Allen Barron, Inc. on

Are you considering remarriage? Do you and/or your spouse have children from a previous marriage? If so, remarriage and a blended family are excellent reasons for a new or updated estate plan. Blended families are quickly...more

Littler

Puerto Rico Supreme Court Clarifies Employment Claims Inheritance Rights

Littler on

In Ruiz Mattei v. Commercial Equipment Finance, Inc., the Supreme Court of Puerto Rico determined that claims under the Unjustified Dismissal Act and the Workplace Discrimination Act are transferable to the employee’s heirs...more

Robins Kaplan LLP

Communicating Your Estate Plan: A Helpful Tool, Not a Fix-All

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In the first 10 minutes of Netflix’s The Gentleman, the grieving heirs of Archibald Horniman are shocked when it is revealed that he has left his sizeable estate almost entirely to his second-born son, to the exclusion of his...more

McGlinchey Stafford

Gov. Landry Signs Louisiana Direct Action Reform Bill

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Governor Jeff Landry has signed into law a bill that significantly limits the situations in which a plaintiff can name and assert a direct action against a defendant’s insurer under Louisiana law. The new law becomes...more

Ward and Smith, P.A.

The Toils of Heirs Property and Agriculture in North Carolina

Ward and Smith, P.A. on

The farmland of North Carolina cradles not only agricultural abundance but also a significant legal challenge: heirs property (also commonly known as "heirs' property" or "heir property"). This designation arises when land...more

Allen Barron, Inc.

Passing Assets and Accounts to Your Heirs Is About To Become Much More Difficult

Allen Barron, Inc. on

If you are in the process of long-term estate planning or updating an existing estate plan, the process for passing assets and accounts to your heirs is about to become much more difficult and expensive. Presently, each...more

Lowenstein Sandler LLP

Death and Dirt: Addressing the Injustices of the Past in Heirs Property

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Today on “Splitting Heirs,” host Warren Racusin speaks with Molefi McIntosh and Mavis Gragg about the “heirs’ property problem--” or what happens to real estate when it is passed down within families without benefit of a...more

Bradley Arant Boult Cummings LLP

The Case For Overturning Florida Foreclosure Ruling

In an opinion written in under 1,000 words, Florida's Fourth District Court of Appeal put foreclosure cases across Florida in jeopardy in Desbrunes v. U.S. Bank National Association in February. Originally published in...more

Flaster Greenberg PC

Why Should Your Art Collection Be Part of Your Estate And Tax Planning?

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Your carefully curated fine art collection is an important, and often emotionally charged part of your estate. If not specifically addressed in your will, or some other arrangement isn’t made, your important fine art falls...more

Newburn Law

Agricultural Estate Planning: Securing Your Land's Future

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In the world of farming and ranching, ensuring your land's future is vital. That's where agricultural estate planning comes in. It's all about smoothly transitioning your farm or ranch to the next generation, maintaining its...more

Allen Barron, Inc.

You Need to Review Your Irrevocable Trust

Allen Barron, Inc. on

Do you employ an irrevocable trust or trusts as part of your estate plan? You need to review your irrevocable trust to ensure it still delivers the benefits intended. It is generally possible to modify an irrevocable trust,...more

Walkers

Trusts and state immunity – can a nation state be trustee?

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A nation state can be trustee of a Jersey law express trust, even though it has state immunity against being sued for breach of trust or otherwise being held accountable for its trusteeship in domestic courts. The Royal Court...more

Dunlap Bennett & Ludwig PLLC

What Are The Benefits Of Transfer On Death Deeds In Washington?

Traditionally, real estate must pass through a deed signed by all grantees of the last vesting deed, or if one of the grantees has passed away, then a probate proceeding allows a court to transfer title for the deceased...more

Patton Sullivan Brodehl LLP

Failure to Pay Attention to Trustee Notice Can Be Fatal

Understanding the significance of trustee notice, as mandated by Probate Code Section 16061.7, is crucial in trust administration.  This notice is required upon the occurrence of certain events, most notably, when a trust...more

Allen Barron, Inc.

Do You Need an Asset Protection Strategy?

Allen Barron, Inc. on

Do you need an asset protection strategy in San Diego, California? What is an “Asset Protection Strategy” and who should make sure to have an asset protection strategy in place?...more

Dunlap Bennett & Ludwig PLLC

A Probate Checklist For Executors Of A Will

Probate, the legal process of administering a deceased person’s estate, can be complex and challenging. During this process, a court determines whether a Will is authentic and valid and then distributes the estate to heirs or...more

Allen Barron, Inc.

The Importance of Succession Planning for Business Owners

Allen Barron, Inc. on

What is the importance of succession planning for business owners? Why should you be concerned about the development and implementation of succession planning if you own a business or a significant interest in an LLC, S...more

Downey Brand LLP

Experts Beware: Estate of Martino and a Zen Buddhist Approach to Intestate Succession

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I am not an expert on Zen Buddhism. However, even if I had spent decades of my life studying its tenets (instead of, for example, baseball stats from the 1920’s), I would hesitate to call myself an expert because of what...more

Gray Reed

“Hi, I Think Your Dad is Also My Dad”: Illegitimate Heirs – Fiduciaries

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Mary Goodblood grew up believing that she was Cash Goodblood’s only daughter. Twenty-five years after he died, her dad’s brother Uncle Trusty sold the Goodblood family business for a tidy sum. After report of the lucrative...more

Bowditch & Dewey

What Happens if I Die Without a Valid Will in Massachusetts?

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As estate planning attorneys, a question that often arises with new and prospective clients is, “What happens if I die without a will?” The short answer is this: if you die without a valid will in Massachusetts, state law...more

Bowditch & Dewey

Tales from the Docket: Who Gets the Money When a Trust Fails?

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In 1998, Elizabeth died leaving a will that contained a trust for the benefit of her niece, Jean, for her life. Upon Jean’s death, the remaining trust assets were to pass to her other niece, Dorothy. Both Jean and Dorothy...more

Lowenstein Sandler LLP

Home Is Where the Heart Is (and where the IRS will try to find you): Thinking of Living Abroad? Even ExPats May Have to Pay U.S....

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Unlike most countries in the world, if you are a citizen or resident of the United States, the government gets to tax all of your worldwide income, regardless of where it's earned or where you live. And if the IRS decides...more

Patton Sullivan Brodehl LLP

Strict Notice Is A Must To Trigger Deadlines For Will Contests

It is a standard requirement in Probate Court disputes that the parties strictly adhere to the rules regarding notice of relief sought to all potential heirs and beneficiaries. The recent decision of Bailey v. Bailey...more

Houston Harbaugh, P.C.

Pennsylvania Superior Court Clarifies Nature of Oil and Gas Lease Under Pennsylvania Law

Let’s assume you own a 160-acre farm in Washington County. Your father purchased the farm in 1992 from a local farmer named Jones. (the “1992 Deed”). At the time your father purchased the farm, there was an oil and gas lease...more

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