Mamma Mia!: Common Estate Planning Issues for Blended Families
An Executor’s Guide to Administering an Estate
Interview with Lisa Grayson - Digital Planning Podcast
Inheritance Data - Digital Planning Podcast
On April 28, 2025, the Minnesota Court of Appeals issued its opinion in In re Estate of Bogren. The court addressed a matter of first impression in Minnesota – whether a disclaimer of property must clearly state the value of...more
Heirs, Assets, and Arguments: Why Elder Law Attorneys Are Key in Probate Litigation - Probate is the legal process through which a deceased person’s assets are distributed to heirs or beneficiaries and debts are settled....more
In this episode of Legacy Lessons, Shawn R. McClelland, Partner in our Tax, Trusts, and Estates Practice Group, walks us through one of the most common estate planning questions families face: Should I create a will, or do I...more
The California Court of Appeal recently reaffirmed that a party’s ownership interest in real property must be clearly established before the party can have standing to bring an action for partition of the property. ...more
In Suday v. Suday, the executor was also the sole beneficiary of her mother’s estate. No. 24-1009, __ Tex. LEXIS __ (Tex. June 27, 2025) (per curiam). She engaged in substantial litigation seeking to challenge her parents’...more
In In re Estate of Earnest E. Clifton, an applicant offered a copy of a lost will, and the trial court denied the application via a zoom hearing without a court reporter. No. 05-24-00079-CV, 2024 Tex. App. LEXIS 7071 (Tex....more
In In re Est. of Prieto, the contestant’s mother executed a will in 2008 leaving her property to a trust. No. 04-22-00038-CV, 2024 Tex. App. LEXIS 6336 (Tex. App.—San Antonio August 28, 2024, no pet.)....more
Roughly two-thirds of Americans are estimated to die without executing a valid will. As a result, assets in their name will pass under the laws of intestacy of their home state. The laws of intestacy are essentially default...more
The Spotlight strives to provide a forum to discuss the latest news and compelling issues impacting fiduciaries and those to whom fiduciaries owe duties. Whether you are an officer, director, trustee, beneficiary, trust...more
The Alzheimer’s Association says that more than 55 million people are living with dementia worldwide. In the United States the figure for Alzheimer’s alone is nearly 7 million, on pace to hit 13 million by 2050. We all know...more
It is a common misconception believed by many that having a will avoids probate. Not only is it false, it really could not be further from the truth. Rather, a will is a tool that is often used during the probate process and...more
New York law generally requires that, to have a will admitted to probate, a party offering the will for probate must file the original instrument with the Surrogate’s Court (Margaret V. Turano, Practice Commentaries: SCPA §...more
In a recent ruling, the Massachusetts Supreme Judicial Court (“SJC”) affirmed the finality of voluntary acknowledgments of parentage (“VAPs”), even if later genetic evidence proves that a parent who signed a VAP has no...more
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
What can an experienced San Diego tax attorney do for you? San Diego is uniquely positioned to support any local, regional, national, or multinational business or corporation. The proximity of San Diego to Mexico (the United...more
Probate is the legal process through which a deceased person’s assets are distributed to heirs or beneficiaries and debts are settled. While many estates pass through probate smoothly, disputes can and do arise—sometimes...more
Arizona is a popular destination for people who are considering moving to a new state. According to the U.S. Census Bureau‘s American Community Survey, over a quarter of a million people move to Arizona every year....more
Much has been written about courts invalidating instruments or transactions after a person’s death. Courts invalidating instruments or transactions during a person’s lifetime is discussed less often. A mechanism for doing so...more
The Purple Reign… in Chaos: Netflix, Secrets, and the Fight Over Prince's Legacy...more
Especially in the beginning stages of building a family, legal documentation is not often top of mind. However, for young families, establishing a comprehensive estate plan is an important and proactive step toward...more
The Restatement (Third) of Trusts, specifically §104, lists four general areas in which the beneficiary’s actions may lead to an assumption of internal liability to the trust estate: (1) A loan or advance to the beneficiary...more
Administering a trust or probate estate is challenging enough—but what happens when you, as a private professional fiduciary, are tasked with managing a business interest? Whether you’re a professional trustee, conservator,...more
In California, trustees have a fiduciary duty to act impartially and in the interest of all beneficiaries. But what happens when a trustee uses trust funds to finance litigation that benefits only certain beneficiaries—or...more
In Monariti v. Monariti, a will contestant filed a motion for summary judgment, alleging that the will should be set aside due to undue influence. No. 14-23-00062-CV, 2024 Tex. App. LEXIS 6476 (Tex. App.—Houston [14th Dist.]...more
In Suday v. Suday, a trial court denied an executrix’s challenge to its jurisdiction with regard to her mother’s estate. No. 04-23-00836-CV, 2024 Tex. App. LEXIS 6953 (Tex. App.—San Antonio September 25, 2024, pet. filed)....more