News & Analysis as of

Personal Property

Charles E. Rounds, Jr. - Suffolk University...

May one effectively add one’s personalty to the corpus of an inter vivos trust via gift causa mortis?

It has long been settled that one via a will may effectively “pour over” one’s real and personal property into an inter vivos trust. See §2.1.1 of Loring and Rounds: A Trustee’s Handbook (2026), the relevant portions of which...more

Bennett Jones LLP

Alberta Court of Appeal Clarifies PPSA Priorities in Insolvency Sales

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When a professional corporation operates with equipment owned personally by its director, how do secured creditors assert priority over proceeds from a receivership sale? A recent Alberta Court of Appeal decision in Royal...more

Vinson & Elkins LLP

Avianca Holdings: Second Circuit’s “Billing Date” Approach to Fixed-Schedule Lease Payments in Bankruptcy Stands after U.S....

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On November 17, 2025, the U.S. Supreme Court declined to hear a challenge to the Second Circuit’s decision affirming that Avianca Holdings S.A. (“Avianca”) was required to pay in full certain fixed-schedule obligations...more

A&O Shearman

Property (Digital Assets etc) Bill Awaits Royal Assent

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The UK Property (Digital Assets etc) Bill has completed its third reading in the House of Commons with further amendments and now awaits royal assent before becoming law. The Bill gives effect to recommendations of the Law...more

Offit Kurman

Preserving Culture and Building Legacy with Genice Lee

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In this episode of The Sandwich Generation Survival Guide, host Candace Dellacona welcomes Genice Lee from Harvest Estate and Appraisals. They discuss the importance of legacy, the role of passion assets in preserving family...more

Stotler Hayes Group, LLC

Responsibilities of a Guardian of the Estate in Ohio

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For those well-versed in practice before Ohio’s Probate Courts or with guardianships in general, the procedural intricacies and weighty responsibilities of a guardian of estate are just part of an ordinary week. For those...more

Stark & Stark

Distributions of a Decedent’s Personal Property and Disputes Concerning Same

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When a loved one or friend passes away, they often leave a large amount of personal property to be distributed. This article addresses the distribution of a decedent’s personal property and disputes concerning its...more

Offit Kurman

Who Gets the Sofa? Dividing Up Your Stuff Without Drama

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Benjamin Franklin famously said that the only two certainties in life are death and taxes. A close third would be family squabbles over who gets the personal property when someone dies. Even a well-thought-out estate plan may...more

Cozen O'Connor

From Sparkle to Statute: Who Keeps Your Engagement or Wedding Ring in Canada?

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Engagement season seems to be in full swing, from Taylor Swift to Selena Gomez to Cristiano Ronaldo, the internet is buzzing with rings and romance. Beyond the sparkle lies a question many couples overlook: what happens to...more

Offit Kurman

More Than Money: Planning for Jewelry, China, and Sentimental Belongings

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When most people think about estate planning, their minds often go straight to the big-ticket items: the family home, retirement accounts, life insurance, and investments. In reality, it is almost always the personal...more

Jaburg Wilk

Significant Increase in Arizona’s Small Estate Thresholds

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In Arizona a party can collect assets in a small estate without having to open a probate through a form commonly known as a “small estate affidavit.” The purpose of Arizona’s small estate affidavit is to provide a simplified,...more

Hudson Cook, LLP

Creditors' Rights and the Constitution: A Difficult (But Not Impossible) Connection to Make

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You may not associate creditors' rights with the United States Constitution. After all, when people think of constitutional rights, they generally think of free speech, freedom of the press, trial by jury, etc. The...more

Lathrop GPM

Utah Bankruptcy Court Applies “Freeze Rule” to Preserve Secured Creditor’s Lien Priority When Financing Statement Lapses...

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Pursuant to Uniform Commercial Code (UCC) § 9-515(c), a UCC-1 financing statement filed to perfect a secured party’s lien on personal property collateral lapses five years from the filing date unless the secured creditor...more

Williams Mullen

Implications of the One Big Beautiful Bill Act on Tax Deductions for Businesses

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President Trump signed the One Big Beautiful Bill Act (OBBB Act) into law on Friday July 4, 2025. Among other changes to existing federal tax laws (many of which are discussed by other alerts from this firm), the OBBB Act...more

Mandelbaum Barrett PC

First Steps for Executors: What to Do When a Loved One Passes

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When a loved one passes away, the emotional toll of the loss can be compounded by the sudden responsibility of managing the deceased person’s estate—especially if you’ve been named as the executor under a Last Will and...more

Pullman & Comley - For What It May Be Worth

Select Connecticut Property Tax Bills Advance

With the Connecticut General Assembly in the home stretch of the 2025 legislative session, the following noteworthy property tax bills have been voted out of committee for consideration and possible action by both chambers of...more

J.S. Held

The Essential Role of Qualified Personal Property Appraisers in Estate and Donation Valuations

J.S. Held on

When purchasing an expensive engagement ring, one would not seek the expertise of a real estate agent. Similarly, when an estate requires an appraisal, it is crucial to engage the appropriate expert for high value personal...more

Charles E. Rounds, Jr. - Suffolk University...

Parsing the Uniform Trust Code in Isolation Without Regard to the Uniform Probate Code and the Uniform Powers of Appointment Act...

Intro. The Uniform Trust Code (UTC) is a mere aggregation of tweaks to the corner of equity jurisprudence that long ago gave birth to and currently stewards the trust relationship, hereinafter “the background trust law.”...more

Nossaman LLP

New Court Guidance on Rights to Use Captured Water/Percolating Groundwater

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On March 14, 2025, the Court of Appeal for California’s Fifth Appellate District issued its decision in Sandton Agriculture Investments III v. 4-S Ranch Partners, 2025 S.O.S. 659. That case provided guidance on ownership of...more

Stotler Hayes Group, LLC

Lien on Me – How an Attorney Can Help Secure Your Debt

Too often creditors are faced with accounts that are seemingly uncollectable. If the debtor had money on hand to pay, presumably they would not have incurred the debt at all, right? Especially in the realm of medical debt,...more

Hudson Cook, LLP

Vehicle Titles in the Age of the Internet

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Unlike most items of personal property, a motor vehicle usually has a certificate of title. We all know that the point of a vehicle title is to show who owns the vehicle and who (if anyone) has a lien on it....more

Kilpatrick

3 Key Takeaways | Update on Chicagoland Local Taxes

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Kilpatrick’s Samantha Breslow, a partner focusing her practice on state and local tax matters, recently presented to the Illinois State Bar Association on Chicagoland local taxes, including the Chicago Personal Property Lease...more

Charles E. Rounds, Jr. - Suffolk University...

Due to scrivener negligence, the dispositive provisions of a trust fail to reflect the deceased settlor’s wishes: Can it be that...

Assume the deceased settlor of a trust had intended that his niece be included in the beneficiary class, but his estate-planning attorney had negligently made no provision for her in the governing instrument. After settlor’s...more

Chambliss, Bahner & Stophel, P.C.

Who Gets the Iron Skillet? A Solution for Avoiding Family Conflict

The Chambliss estate planning team often helps families navigate the complexities of administering a loved one’s estate. Challenges can arise in addressing the personal property in the estate...more

Buchalter

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

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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

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