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U.S. citizenship is a privilege for many, but it can also be a burdensome and unwanted obligation for others. Some individuals find themselves to be U.S. citizens without wanting to be, such as if their parents...more
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
Most attorneys who work in the estate planning field have received a panicky, last-minute call from a client or potential client who is about to go overseas on a big trip (generally, the vacation of a lifetime). The anxiety,...more
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
Carole M. Bass and Cara Koss co-authored this article. The authors have long raised as an issue the impact personhood legislation could have on assisted reproduction and, by extension, on estate and trust administration...more
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
What Happens? In a twisted psychological experiment, Allison and Peter Novak set up their friends Holly Berenson and Eric Messer (a/k/a Messer) on a date. Holly and Messer are as incompatible as pineapple and New York...more
California trust disputes often involve the interests of parents and their minor children. Sometimes those interests conflict. When disputes are settled, who looks out for the interests of children under 18 years of age? Who...more
The position of illegitimate versus legitimate children is often considered consigned to history but for those dealing with trusts on a day-to-day basis, the distinction may remain a live issue. This is illustrated by a...more
A divorced person died leaving 2 children under the age of 18 years of age. The decedent did not have a Last Will and Testament (“Will”), which means that we did not know who the decedent wished to nominate as the Personal...more
Presented by Whitney Patience O'Reilly on February 16, 2021. Too often, when planning an estate, individuals and families overlook some key provisions that will better protect their families and their wishes. In this...more
Too often, when planning an estate, individuals and families overlook some key provisions that will better protect their families and their wishes. In this webinar, Whitney O’Reilly will cover the basics of a good estate plan...more
When a child is born to parents who are not married, the child oftentimes must satisfy Estates, Powers and Trusts Law (“EPTL”) § 4-1.2 (which requires, among other things, an order of filiation, an acknowledgement of...more
The outbreak of the novel coronavirus has disrupted life in unparalleled ways, forcing much of the U.S. population to self-isolate at home....more
Last Sunday I learned that my mother’s dear friend who is very active, hikes daily, gardens daily, does senior yoga weekly, eats a healthy diet, and has many volunteer and social commitments that keep her happy, went on a...more
If your children are under age eighteen, you should have trusts for them in your Wills, in the event you and your spouse should die before all your children reach age 18. If minors receive assets prior to reaching age...more
Selecting a Guardian for Your Children - You put so much thought into caring for your children - finding the best doctors, the healthiest foods, and the schools that best suit their personalities. But if you are like many...more
I'm embarrassed to admit that my family and I are only now working our way through the great television series, Black-ish. We have found it to be a funny, relatable series that often gives us a view into things outside of our...more
To avoid family disputes over a will after one’s death, it’s worth taking the time now to institute steps to protect the will from legal challenges. This article details four specific steps for bulletproofing a will. A...more
When the 2017 Tax Cuts and Jobs Act was passed, significant changes were made to the Federal Estate, Gift and Generation-Skipping Transfer Tax, the most prominent of which is the increased applicable exclusion amount, which...more
With all the changes in the new tax laws, some people may be hesitant to move forward with an estate plan. It is important, however, to keep in mind that most clients will not be subject to the federal estate tax and...more
For those in the middle of a divorce, the last thing on their mind is a review of their estate plan. However, a major life change, such as a divorce, is a critical time to update an estate plan so that wishes are carried out...more