Digital Planning Podcast: Funerals360
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
Courts in British Columbia continue to evaluate when genetic testing should be used to resolve estate disputes. A recent Supreme Court of British Columbia decision in Morberg Estate (Re), 2025 BCSC 2265 provides important...more
It was brought to the attention of the U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) that healthcare providers may be violating HIPAA in certain instances where they deny parental access to a...more
When an estate owns rental property, the Personal Representative must strike a careful balance between the statutory obligations landlords owe to tenants and the fiduciary duties owed to the estate’s beneficiaries. While...more
The case of Zappos owner Tony Hsieh, the late billionaire who was initially believed to have died intestate, without a valid will, took an unexpected turn when an apparent original will surfaced years later, halfway around...more
Athletes, entertainers, musicians and other individuals at the vanguard of their fields (whether it be the next Super Bowl MVP quarterback, Grammy-winning artist, or Oscar-winning director), often surround themselves with a...more
When someone acts as an agent under a power of attorney, they are entrusted with significant responsibility over another person’s property, finances, and affairs. Disputes may arise regarding what the agent is doing or has...more
The idea of visiting an attorney for your estate planning can be daunting. Below is a list of to-do items or at least items to think about before your visit....more
We all expect to feel grief and sadness after the loss of a loved one. What many people don’t anticipate is the sudden burden of administrative tasks that follow death, from bills to be paid and accounts to be closed. In the...more
What you need to know before appointing an executor under your Will - Appointing the right executor is one of the most important decisions when preparing a Will. Executors play a central role in the administration of an...more
When someone dies, the task of settling the person’s estate descends upon the personal representative. Being appointed a personal representative, or “executor,” is an honor that includes a broad range of responsibilities....more
Executors and administrators of estates in Virginia must swear an oath before the probate clerk that they will “faithfully perform the duties of [their] office to the best of [their] judgment.” These duties are called...more
What happens to U.S. Savings Bonds with the death of the bondholder? The answer depends on who owns the savings bond and whether others are also listed as owners or beneficiaries....more
Losing a loved one unexpectedly is devastating, particularly when their death results from someone else’s negligence or wrongful actions. Financial hardships, including medical bills, funeral expenses, and lost income, often...more
This week, the Michigan Court of Appeals released its decision in In re Estate of Joel Solomon Weingrad, Docket No 360247, 2023 WL 3397437 (Mich Ct App May 11 2023) (unpublished), which stands for three principles in estate...more
In Charles v. Est. of Kornbacher, the estate sued a defendant regarding the ownership of real property. No. 01-23-00125-CV, 2024 Tex. App. LEXIS 2947 (Tex. App.—Houston [1st Dist.] April 30, 2024, no pet. history)....more
Dear Jonathan: My father, a widower, passed away a couple of months ago. Being his only child, he appointed me as his agent on his durable power of attorney so that I can handle his bill paying which I have been doing for the...more
The Michigan Court of Appeals recently identified a situation in which the personal representative of an estate is not entitled to have attorney fees paid from estate assets. Braun Kendrick Finkbeiner, PLC, v. Estate of...more
The Michigan Court of Appeals recently issued a decision that offers guidance as to how a personal representative should respond when the interested persons disagree over the validity of a proffered will. In re Estate of...more
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
This newsletter is intended to keep readers informed about developments in probate and fiduciary litigation in Massachusetts and New York. Our lawyers are at the forefront of this area of the law, shaping how it is handled in...more
You’ve probably heard that “He who represents himself has a fool for a client,” an adage dating back to the 17th century and commonly attributed to Abraham Lincoln (but not by me – I first heard it on an episode of...more
For executors and administrators of estates it is important to have clarity as to the timeframes within which claims can be brought against the estate they are administering. Heirs and legatees can only bring a challenge...more
In In the Est. of Lemme, an administratrix of an estate hired her boyfriend to do legal work. No. 07-21-00300-CV, 2022 Tex. App. LEXIS 8829 (Tex. App.—Amarillo December 1, 2022, no pet. history). ...more