News & Analysis as of

Intestate Succession

Dunlap Bennett & Ludwig PLLC

The Importance Of Estate Planning For Young Adults- Why Estate Planning Is Crucial

You just landed your first “real” job and are looking forward to the exciting opportunities ahead. Your new job is accompanied by a 401k and opening a savings account. You have a car and you are thinking about buying your...more

Dunlap Bennett & Ludwig PLLC

Dying In Maryland Without A Will? The New Intestacy Law In Maryland Leaves Surviving Children And Parents To Fend For Themselves

Dying without a valid will in place is never a good idea. In the absence of your testamentary intent your assets are left to the whims of the current intestacy laws of the state in which you reside. In Maryland, those laws...more

Fleurinord Law PLLC

The Tragic Death of Migos Rapper Takeoff: A Wake-Up Call for Young Adults to Plan Their Estates

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The untimely death of rapper Takeoff, a member of the Grammy-nominated hip-hop trio Migos—also consisting of rappers Quavo and Offset—left fans, family, and the music industry in shock. Born Kirshnik Khari Ball, Takeoff’s...more

Winstead PC

Court Affirmed The Trial Court’s Refusal To Probate A Will Due To The Statute Of Limitations

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In In re Est. of Hartwell, a trial court granted summary judgment that the applicant to probate a will was not entitled to do so due to the statute of limitations. No. 06-23-00054-CV, 2024 Tex. App. LEXIS 166 (Tex....more

Kaufman & Canoles

Court of Appeals of Virginia Holds Plaintiff Who Did Not Seek Reimbursement in its Partition Complaint

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On Tuesday, in Lehmann v. WFV Holdings, LLC, Record No. 0201-23-2 (Ct. App. Va. May 14, 2024), available here, the Court of Appeals of Virginia reversed a decision from the Circuit Court of Amelia County, holding that because...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

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

Winstead PC

Court Holds That An Order Was Not Final For Appeal Where There Was Still An Issue Of Intestancy Remaining To Be Determined

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In Estate of Long, the plaintiff sued trustees and alleged that she was the only child of the decedent and asserted a cause of action for a will contest and a cause of action for a declaratory judgment action in which she...more

Barnea Jaffa Lande & Co.

Amendments to the Israeli Succession Law

New amendments to the Israeli Succession Law came into effect recently. These amendments aim to alleviate the bureaucratic burden involved both in issuing probate orders or inheritance orders and in supervising estate...more

Burns & Levinson LLP

Battle of the Wills: The Legal Battle of Aretha Franklin’s Estate

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You may have heard of the Battle of the Bands, but have you ever heard of the Battle of the Wills? Aretha Franklin died in 2018, but the legal battle over her estate continues today in the Michigan Probate Courts....more

Downey Brand LLP

Cohabitation Required for “Marital Presumption” to Bar Heirship

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Who’s your father for inheritance purposes in California? Family Code section 7540(a) states that “the child of spouses who cohabited at the time of conception and birth is conclusively presumed to be a child of the...more

Winstead PC

Court Held That An Heir Of An Estate Who Released All Claims Against The Estate Via A Settlement Agreement No Longer Had Standing...

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In In the Estate of Maberry, the alleged common-law wife of an intestate decedent did not have standing to seek to remove the decedent’s daughter as independent administrator because she was not an “interested person”...more

Obermayer Rebmann Maxwell & Hippel LLP

Intestacy Laws – Why Most People Still Need a Will

Many people are fearful of contemplating their own deaths. However, failure to plan or consider what should happen to your assets at death may be very harmful to your family. If you fail to plan and die without a will, the...more

Weintraub Tobin

Estate Planning 101: Back To Basics

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The COVID-19 pandemic has focused us all on necessities and on trying to prepare for an uncertain future. This article outlines why an estate plan is one of those necessities. I Don’t Have an Estate Plan; What Would Happen...more

K&L Gates LLP

Master in Chancery Dismissive of Fiduciary Seeking Dismissal, Applies Familiar 12(b)(6) Standard

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In Hill et al. v. Myers et al., C.A. No. 2018-0160 (Del. Ch. June 15, 2020), Master in Chancery Selena Molina (“Master”) issued a final report, recommending the Court of Chancery deny defendant’s (decedent’s close friend and...more

Rivkin Radler LLP

Without a Plan, the State Decides Where Your Assets Go

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You’ve heard the adage: Those who fail to plan, plan to fail. Never is that more true than with estate planning. When you create an estate plan, you choose exactly who gets your assets, how they get them and in what manner...more

Holland & Hart LLP

2020 Cost of Living Adjustment of Certain Dollar Amounts Under Colorado Probate Code

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The 2020 cost of living adjustments of certain dollar amounts under the Colorado Probate Code has been published by the Colorado Department of Revenue. Probate practitioners should be aware of the change in figures related to...more

Winstead PC

Court Holds That Testatrix Died Partially Intestate And That The Term “Personal Effects” In A Will Did Not Include Real Property

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In In re Estate of Ethridge, a testatrix signed a will that provided that “all my personal effects” would be devised to her nephew in law and that her half interest in a home went to another person. No. 11-17-00291-CV, 2019...more

Holland & Hart LLP

R-E-S-P-E-C-T My Wishes

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When Aretha Franklin died last year, it was believed that she died without a will and that her estate, estimated to be worth $80 million, would pass under Michigan’s intestacy laws. In May of this year, however, the personal...more

Chambliss, Bahner & Stophel, P.C.

Discovery of Aretha Franklin's Handwritten Wills Throws Her Estate Into Turmoil

Legendary singer Aretha Franklin was thought to have died without a will, but the recent discovery of handwritten documents in her home is calling that into question. A representative of her estate has asked a Michigan...more

Adler Pollock & Sheehan P.C.

Insight on Estate Planning - February/March 2019: Estate Planning Red Flag: You’re using an online form to draft your will

Today, one can do practically anything online that used to require face-to-face contact — and that includes downloading a form to write his or her will. This brief article discusses the downsides of a “do-it-yourself” will....more

Adler Pollock & Sheehan P.C.

Don’t be afraid of probate

Probate. The word itself is enough to strike fear into the hearts of elderly individuals and their loved ones. It conjures images of lengthy delays waiting for wealth to be transferred and bitter disputes among family...more

Adler Pollock & Sheehan P.C.

Who needs an estate plan? Quick answer: Everyone

Despite what one might think, estate planning isn’t limited to only the rich and famous. Previously, avoiding or minimizing federal estate tax liability was a primary motivation for creating an estate plan. But with a...more

Farrell Fritz, P.C.

Wills, Trusts & Estates: Plain and Simple – “Do I Need a Will?”

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A Last Will and Testament directs your Executor how and to whom your assets are to be disposed. If you do not have a Will, assets in your name when you die will pass under New York State’s intestacy laws. However, only the...more

BCLP

Aretha Franklin: The Future of Another Musical Icon’s Estate Left Uncertain

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The music world was left mourning the death of another legend recently with the passing of the Queen of Soul, Aretha Franklin. A woman with a voice full of power and emotion, her death leaves a musical landscape with few (if...more

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