News & Analysis as of

Personal Representatives

November Trust and Estates Litigation Advisory

by Goulston & Storrs PC on

Since our last newsletter, there has been one significant development in the Probate and Family Court, and one decision of note. First, effective as of November 20, 2017, the Probate and Family Court issued Standing...more

Amount PA Employer Can Pay to Surviving Family Increases to $10,000

by Tucker Arensberg, P.C. on

An employer can now pay up to $10,000 of wages, salary, and employee benefits due to a deceased employee to their spouse, child, parent, or sibling (preference in that order) without the appointment of a personal...more

Stored Communications Act Does Not Prohibit Disclosure of Deceased’s Yahoo Account

In what appears to be a case of first impression in the Commonwealth of Massachusetts, the Supreme Judicial Court (SJC) has ruled that Yahoo may disclose the contents of a deceased’s Yahoo email account to his personal...more

Ajemian v. Yahoo: One Small Step For The Family, One Giant Step For Fiduciaries

by Murtha Cullina on

Yahoo! On October 16, 2017, the Massachusetts Supreme Judicial Court issued its long-awaited decision in Ajemian v. Yahoo!, Inc. (“Yahoo”), http://bit.ly/2zuW1T9, interpreting the federal Stored Communications Act (the “SCA”)...more

Estate Planning Pitfall - You chose your executor too hastily

Haste makes waste. Or, in the case of estate planning, it can lead to other problems and, possibly, financial loss. Notably, if you don’t take enough time to choose the executor for your estate, the “wrong call” can cost your...more

Court Reverses Finding of Undue Influence

by Bryan Cave on

Undue influence occurs when a person’s free will is overpowered and replaced by the will of another. In Missouri, a finding of undue influence generally requires the person who exerted influence to have been in a position of...more

Court Held That Estate Representative Was Entitled To Discover Documents To Establish A Claim

by Winstead PC on

In In re Cokinos, Boisien & Young, a representative of an estate of a deceased attorney sought documents from a law firm related to an alleged agreement to share fees. No. 05-16-01331-CV, 2017 Tex. App. LEXIS 6911 (Tex....more

First Circuit Refuses to Recognize a Section 1981 Private Right of Action for Damages Against State Actors

In a recent decision, Buntin v. City of Boston, the First Circuit Court of Appeals held that there is no implied private right of action for damages against state actors under 42 U.S.C. Section 1981. In reaching that...more

Digital Assets Bill Signed by Governor Branstad

by Davis Brown Law Firm on

Governor Branstad signed Senate File 333, the Iowa Uniform Fiduciary Access to Digital Assets Act, on April 20. This bill is an important tool in estate planning and trust and estate administration....more

Standing Up to Your Siblings: Who Can Bring a Financial Elder Abuse Claim?

by Downey Brand LLP on

While financial elder abuse is a serious problem in California, not just anyone can sue to protect an abused elder. This is especially true if the elder does not want to bring suit in the first place. On April 19, 2017, the...more

Compensation in Question? Remember that Guidelines are Tools not Rules

by Bennett Jones LLP on

As anyone working in the estate area knows, the task of the personal representative is often onerous. But how much is it worth? The Court discussed how to set compensation for personal representatives in Berry (Re), 2017 ABQB...more

Sharply Divided Supreme Court Declines to Establish a Bright-Line Rule on Non-Lawyers Representing Corporations in Administrative...

by Sedgwick LLP on

A non-lawyer with no apparent formal connection to a corporation is the sole representative of the corporation at an administrative proceeding. When the decision comes down, it’s never properly served on the corporation. Is...more

Client Alert: Florida Passes the Florida Fiduciary Access to Digital Assets Act

The Florida Fiduciary Access to Digital Assets Act (the “Act”) took effect as of July 1, 2016. The digital world is growing at an exponential rate. The Act provides much needed guidance for digital asset owners of how they...more

T&E Litigation Newsletter - February 2017

by Goulston & Storrs PC on

Several recent decisions serve as a good reminder that it is not only the Probate and Family Court that addresses important T&E issues in Massachusetts. In the consolidated matters of Hanna et al. v. Williams et al.,...more

Be Sure to Mind your Manners in Estate Litigation

by Bennett Jones LLP on

Miss Manners may just be worth listening to for those involved in wills and estate litigation. In fact, not doing so may be to your detriment given that poor conduct can cost you with the courts....more

Personal Liability of Executors for Tax Liabilities of the Estate Under the Federal Priority Statute, 31 U.S.C. 3713

This is an appeal of summary judgment by the personal representative (the “PR”) of an estate. The lower court found the PR to be personally liable under the federal priority statute, Section 3713, for tax liabilities due from...more

Wealth Management Update - February 2017

by Proskauer Rose LLP on

February Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts - The February § 7520 rate for use with estate planning techniques such as CRTs, CLTs, QPRTs...more

Some Not So Obvious Reasons to Have a Will

by Pessin Katz Law, P.A. on

Many times I have heard the following questions from prospective clients: “If my things will pass to my spouse and children automatically, why do I need a Will?” or “My estate is not large enough to be subject to estate...more

T&E Litigation Newsletter - December 2016

by Goulston & Storrs PC on

The last several weeks have brought us two decisions in which issues of family law intersected with T&E issues. First, the decision in Heystek v. Duncan, Case No. 15-P-1201, 2016 Mass. App. Unpub. LEXIS 1113 (Nov. 21,...more

SC Court of Appeals Curbs Personal Representative Fee - Appeal arose from administration of an estate

by Nexsen Pruet, PLLC on

The South Carolina Court of Appeals recently handed down the decision of In Re: Estate of Marion M. Kay, Op. No. 5414 (S.C.Ct.App. Withdrawn, Substituted and Refiled Nov. 2, 2016) (Shearouse Adv.Sh. No. 42 at 28). In Kay,...more

Lawsuit Filed Against OSHA on Walk-Arounds

by Jackson Lewis P.C. on

The Occupational Safety and Health Administration overstepped its authority in expanding union representation at “walk-arounds” in non-union workplaces, the National Federation of Independent Business has alleged in a lawsuit...more

CFPB’s proposal for collection of decedent debt: a misguided approach (Part II)

by Ballard Spahr LLP on

In my blog post yesterday, I shared my concerns regarding the potential consequences of the CFPB’s proposed 30-day hold on all collection contacts after the date of a consumer’s death. A 30-day holding period in which...more

Supreme Court of Missouri Holds Patient’s Family Could Not Sue Physician for Wrongful Death, but Patient’s Personal Representative...

by Williams Venker & Sanders on

The Supreme Court of Missouri, en banc, vacated a trial court’s grant of summary judgment in favor of a physician and remanded the case, because the allegations in the petition stated a cause of action for medical negligence...more

Florida Appellate Court Finds Widow Could Independently Bring FCRA Discrimination Claim After Her Husband’s Death

by Carlton Fields on

On January 20, a Florida appellate court held that a personal representative can initiate a Florida Civil Rights Act (FCRA) complaint alleging discrimination on behalf of the deceased former employee. In Cimino v. American...more

Must Designated Directors Keep A Secret?

by Allen Matkins on

Yesterday’s post concerned the attorney-client privileged issues in Vice Chancellor J. Travis Laster’s recent decision in Kalisman v. Friedman, 2013 Del. Ch. LEXIS 100 (April 17, 2013). I found another statement in the...more

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