News & Analysis as of

Personal Property

Buchalter

Help – I Just Lost My Home and/or Business Due to the Los Angeles Wildfires: Steps to Help Recover Your Insurance Benefits

Buchalter on

After experiencing devastation from this disaster, here is a short checklist of what you should do to help you recover all the benefits available to you under your insurance policies....more

Dechert LLP

Droit Social | Sélection de jurisprudence – France | Second semestre 2024

Dechert LLP on

Cette newsletter présente quatre décisions de jurisprudence rendues au cours des derniers mois: L’employeur peut utiliser le contenu de clés USB personnelles pour prouver une faute grave (Cass. soc., 25 septembre 2024,...more

Dechert LLP

Employment Case Law Selection - France | Second Semester of 2024

Dechert LLP on

This newsletter presents four case law decisions handed down over the past few months: The employer can use the content of personal USB drives to prove gross misconduct (Cass. soc., September 25, 2024, No. 23-13.992)...more

Fox Rothschild LLP

The New Year’s Resolution Divorce – 2025 Edition

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For many divorce attorneys, the busy season starts after the first of the year. Since practically the inception of this blog, I have posted on the phenomenon of the New Year’s Resolution Divorce. For whatever reason, this...more

Lasher Holzapfel Sperry & Ebberson PLLC

How to Reach an Agreement in Divorce: Practical Steps for a Less Contentious Process

Divorce is often an emotionally charged and challenging experience. Beyond the personal heartbreak that may be involved, the legal and financial aspects can feel overwhelming. One of the most difficult tasks in the divorce...more

Bowditch & Dewey

Massachusetts Estate Tax and Out-of-State Property

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As part of the Supplemental Budget that was passed on September 16, 2024, changes were made to the calculation of the Massachusetts estate tax for the estates of decedents who, at the time of death, owned real estate or...more

BakerHostetler

Victory for Tornado Cash as Court Rules Sanctions Were Unlawful

BakerHostetler on

On November 26, 2024, in a three-judge panel decision, Van Loon v. U.S. Department of the Treasury, the United States Court of Appeals for the Fifth Circuit (Court) reversed a Texas district court and held that immutable...more

Lasher Holzapfel Sperry & Ebberson PLLC

Prenuptial vs. Postnuptial Agreements: What’s the Difference Between These Two Types of Agreements, and Which One is Right For Me?

It is becoming increasingly more common for modern couples, either before or during their marriage, to execute a written legal contract with the goal of protecting the separate interests of either partner in case of divorce,...more

Foster Swift Collins & Smith

Turning Lead into Gold: The Legal Chemistry of Converting a Separate Business into a Marital Asset

While we as attorneys may have personal relationships with our clients, we generally advise them in a professional capacity and maintain our focus on business. When a client is getting divorced, business and personal concerns...more

Conn Kavanaugh

Prenuptial Primer

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Many people associate the word “prenup” with celebrities or the rich and famous, and it’s possible that the only time a person has heard anything about prenuptial agreements is in music or the movies. The truth is that anyone...more

Bowditch & Dewey

Love and Personal Property – Who Keeps the Ring? (Part Two!)

Bowditch & Dewey on

As a follow up to my previous blog post on the $70,000 engagement ring, the Supreme Judicial Court has now joined the majority of states by ruling in Johnson v. Settino that the engagement ring must be returned if the wedding...more

Saiber LLC

Your Personal Belongings: What Happens to Your Tangible Personal Property After You Pass

Saiber LLC on

Assets with significant monetary value like real estate, stocks, and retirement accounts are the key points most people consider when creating an estate plan. But what about your possessions?...more

Haynsworth Sinkler Boyd, P.A.

New law provides for the ability to place a “Transfer on Death” designation on titled personal property

In South Carolina, there's a new law that lets you add a "Transfer on Death" (TOD) designation to the title of personal property like cars, boats, or mobile homes. This means you can name someone to automatically receive the...more

Weber Gallagher Simpson Stapleton Fires &...

Flea Market Flip

I start this blog post with a confession. I am a collector. I collect all sorts of things, vintage wristwatches, fountain pens, 1940’s Hall refrigerator ware, vinyl records, and probably a few other things I can’t think of...more

Pullman & Comley, LLC

Common Questions About the Automatic Orders in Divorce

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When you are going through a divorce, one of the first documents you will review (and if you have not, you should) are the automatic orders that accompany any complaint. ...more

Bowditch & Dewey

Love and Personal Property – Who Keeps the Ring?

Bowditch & Dewey on

Who keeps the engagement ring when the knot is never tied? A new answer to this age-old question may be coming to Massachusetts as the Supreme Judicial Court considers the case of Johnson v. Settino. The engagement ring at...more

DarrowEverett LLP

The Effect of Choice of Law Provisions in Prenuptial Agreements

DarrowEverett LLP on

When wedding bells are ringing, the last thing most couples want to think about is the possibility of death or divorce. However, for those entering long-term relationships or preparing for marriage, prenuptial agreements can...more

Bowditch & Dewey

Beniffer is benefinished…and didn’t have a prenup!

Bowditch & Dewey on

Prenuptial agreements are not just for celebrities, but the messiness that follows a celebrity divorce filing often puts prenuptial agreements in the spotlight. Here are five reasons why Ben Affleck and Jennifer Lopez (J-Lo)...more

Lerch, Early & Brewer

Why Do Couples Need Prenuptial Agreements?

Lerch, Early & Brewer on

The case for couples to get (or at least strongly consider) a prenuptial agreement is simple: it is much easier to get into a marriage than it is to get out of one. ...more

Katten Muchin Rosenman LLP

UK Parliament Introduces Bill Categorising Certain Digital Assets as “Personal Property”

On 11 September 2024, the Property (Digital Assets etc) Bill (Bill) was introduced to the House of Lords and received its first reading. If enacted, the Bill will confirm that certain types of digital assets are capable of...more

Bradley Arant Boult Cummings LLP

The Reasonableness of Retaining Personal Property Post-Seizure and the Ascendancy of Text, History, and Tradition in Fourth...

How long can the government keep your property after lawfully seizing it? According to the D.C. Circuit in a recent decision, as long as the continued possession is still reasonable under the Fourth Amendment. This decision...more

Skadden, Arps, Slate, Meagher & Flom LLP

UK Government Introduces Bill To Clarify the Legal Status of Digital Assets

On 11 September 2024, the UK government introduced the Property (Digital Assets etc) Bill, which provides that digital assets can be considered to be personal property under the laws of England and Wales, and could therefore...more

Bowditch & Dewey

Familiarize Yourself with Rule 411 – Automatic Restraining Order

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Every divorce matter in Massachusetts subjects both parties to Probate and Family Court Supplemental Rule 411, entitled “Automatic Restraining Order.” Rule 411 provides that neither party “shall sell, transfer, encumber,...more

Mandelbaum Barrett PC

New Jersey's Law for Vehicle Transfer on Death

Mandelbaum Barrett PC on

In 2022, New Jersey enacted a new law to simplify the process for vehicle owners to transfer vehicles at death. N.J.S.A. 39:3-30.1b, which became effective on May 9, 2023, authorizes the owner of a car, camper, or motorcycle...more

Smith Debnam Narron Drake Saintsing & Myers,...

Prenuptial Agreement vs. Postnuptial Agreement: The Differences & When to Choose Each

When it comes to protecting assets and establishing financial arrangements between spouses, two types of legal agreements come into play: prenuptial and postnuptial agreements. While both serve similar purposes, there are...more

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