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Inheritance Probate

Lippes Mathias LLP

Disproportionate Inheritance and Objections to Probate

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Did your father give you a nominal bequest but gave his favorite daughter the bulk of the estate? Were you bequeathed the family dog and $10,000, but your mother’s boyfriend of six months was to receive the Lamborghini and...more

Farrell Fritz, P.C.

Transfer on Death Deeds Adopted by New York

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Avoiding probate is often an important goal for many estate planning clients.  Probate is the court-supervised process of administering a deceased person’s estate and transferring their property at death pursuant to the terms...more

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

Allen Barron, Inc.

Estate Planning for Business Owners

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What are some of the fundamental issues when estate planning for business owners? Why should every business owner have an estate plan? What are some of the primary issues to address in an effective estate plan for those who...more

Downey Brand LLP

The Roadrunner Always Wins: Hamilton v. Green and the Limits of Creativity

Downey Brand LLP on

As a child, your parents, teachers, and/or some other adult influence probably sat you down and recounted Aesop’s classic fable, The Tortoise and the Hare. “Slow and steady wins the race,” they told you. The slow, methodical,...more

Bowditch & Dewey

Estates Under $2 Million – Do I Need an Estate Plan?

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With the exciting and long overdue news of the increase in the Massachusetts estate tax exemption from $1 million to $2 million for decedents dying on or after January 1, 2023, many Massachusetts residents have been left...more

Bowditch & Dewey

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

Bowditch & Dewey on

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

Warner Norcross + Judd

Celebrity Estate Planning Mistakes: Kobe Bryant

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All too often, the demise of a celebrity serves as a cautionary reminder of the many pitfalls and traps related to estate planning. In January of 2020, NBA superstar Kobe Bryant and his daughter Gianna tragically passed away...more

Bowditch & Dewey

Beyond Taxes: 10 Important Reasons Why Everyone Needs an Estate Plan

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People often assume that if their estate isn’t taxable, they don’t need to have an estate plan. In 2023, a Massachusetts estate tax return must be filed if the value of the deceased person’s gross estate exceeds $1 million. A...more

Bowditch & Dewey

Massachusetts Inheritance Laws: What Will Happen to Your Estate if You Die Without a Will?

Bowditch & Dewey on

With new and prospective clients, a question that often arises is: “What will happen if I die without a will?” The short answer is this: if you die without a valid will, Massachusetts estate law will create one for you. When...more

Ruder Ware

Will or Trust: Which is Right for Me?

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One of the most common questions asked by our clients is, “What is the difference between a will and a trust, and which is right for me?”  Last week, I provided a brief summary of the differences between these two common...more

Hendershot Cowart P.C.

Executor Mishandling the Estate? Watch for These Warning Signs:

When it comes to handling your loved one’s estate, the executor has a series of important duties and responsibilities. If you suspect an executor is mishandling their responsibilities or mismanaging estate assets, you can...more

Burns & Levinson LLP

Avoiding Probate Litigation: An Attorney’s Top 5 Tips

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The most basic and streamlined approach to avoiding probate litigation is planning ahead. Plans may include full, comprehensive estate plans, simple transfers of real estate, the implementation of protective measures or...more

Downey Brand LLP

Unilateral Severance of Joint Tenancy Must Be Unequivocal and Irrevocable

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Can a California will sever a joint tenancy such that the decedent’s interest in real property passes per will’s terms instead of vesting in the surviving joint tenant(s)? Additionally, when a general partnership dissolves...more

Downey Brand LLP

Zach Young, Second Generation Fiduciary, Helps Families with Transitions

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Zachary Young is a private professional fiduciary with CMY Fiduciary Services in Sacramento. His mother, Carolyn M. Young, began work as a fiduciary in 1986. Zach received his bachelor’s degree in business and communications...more

Burns & Levinson LLP

Preparing for Court: What You Need to Know About Probate

Burns & Levinson LLP on

Television shows and movies show a Will being read at a funeral, as if the Will is automatically valid and assets can be distributed immediately. Unfortunately, the probate process is more complex and time intensive. This...more

Burns & Levinson LLP

I Want to Contest My Parent’s Will. What Is the Process?

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While still grieving the death of your mother, you receive a Notice from the Probate and Family Court informing you that your good-for-nothing brother has filed a Petition for Probate seeking to be appointed as Personal...more

Ruder Ware

Step-By-Step Overview of Probate

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“Probate” is a legal term for the Court process of transferring assets out of a deceased person’s name and to that person’s heirs and/or beneficiaries. The difference between the term “heir” and the term “beneficiary” is...more

Downey Brand LLP

Will California SB 315 Improve Revocable Transfer on Death Deeds?

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The thrifty do-it-yourselfers among us might jump at the opportunity to transfer their family home to their kids while avoiding probate and the expense of creating a trust. Revocable Transfer on Death Deeds, or RTODDs, have...more

Bowditch & Dewey

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

Bowditch & Dewey on

During this pandemic, a question that often arises with new and prospective clients is, “What will happen if I die without a will?” The short answer is this: if you die without a valid will, Massachusetts estate law will...more

Shutts & Bowen LLP

Debunking Estate Planning Myths In 2021

Shutts & Bowen LLP on

Common estate planning misconceptions, as well as a lack of focus on legacy planning, have resulted in a number of common myths which have led people to believe that an estate plan is unnecessary. With 2021 well-underway, it...more

Burns & Levinson LLP

How Ancestry Kits Upend Estate Plans and Create Estate & Trust Litigation

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Continuing the Smith and Alexander family saga, this blog focuses on the interesting and not-uncommon twist of Stevie Jenkins surfacing and believing to be half-siblings with Twyla and Randall. Tiffany Bentley’s blog last...more

Downey Brand LLP

Daughter Liable for Interfering with Stepmother’s Inheritance

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Intentional interference with expected inheritance (IIEI) was recognized as a legal claim in California about eight years ago in Beckwith v. Dahl (2012) 205 Cal.App.4th 1039. Last week, the Court of Appeal issued the first...more

Downey Brand LLP

Showdown at the O.K. Corral – The Battle of the Omitted Heirs

Downey Brand LLP on

Providing for your children is one of the primary purposes of estate planning, but what happens to your carefully crafted trust if you had children you did not know about when you created the trust? Or, what if you have...more

Lewitt Hackman

When There is Only a Will There’s No Way You’re Avoiding Probate

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A common misconception is that when you die with a Will, your heirs avoid probate. In California when you die with a Will and the total assets owned in your sole name exceed $166,250, your estate goes through probate (a court...more

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