News & Analysis as of

Revocation Estate Planning

Winstead PC

Court Reversed Order Holding That A Will Had Been Revoked Where There Was No Present Intent To Do So

Winstead PC on

In In re Estate of Wright, decedent’s son appealed an order finding that his mother died intestate. No. 13-23-00043-CV, 2024 Tex. App. LEXIS 8078 (Tex. App.—Corpus Christi November 21, 2024, no pet. history)....more

Offit Kurman

Two Wills That Revoke Each Other

Offit Kurman on

Welcome to Lost in Translation: Blunders in International Estate Planning; in this blog series, I will delve into the rarified world of international estate planning, shedding light on possible pitfalls and slip-ups. Blunder...more

The Estate Lawyers

Divorce Need Not Ignite Estate Litigation, But Too Often It Does

The Estate Lawyers on

Certain life events demand that estate planners work with client testators to adjust their estate plans. Divorce and remarriage are at the top of that list. When matrimony devolves into acrimony – setting the stage for...more

Patton Sullivan Brodehl LLP

California Supreme Court Clarifies Trust Amendment Rules for Conflicts Between Trust Terms and the Probate Code

The California Supreme Court recently addressed the complexities surrounding trust amendments in the case of Haggerty v. Thornton (2024) 15 Cal.5th 729. The case settled the confusion over potential conflicts between trust...more

Downey Brand LLP

En Garde! A Trust’s Revocation Method May Not Be Enforced Unless It Explicitly States It’s the Exclusive Means of Revocation

Downey Brand LLP on

Creators of trusts (also known as settlors or trustors) usually think long and hard about how their property should pass when they die. It’s therefore common for trustors, or their lawyers, to incorporate protective...more

Brooks Pierce

Ten Important Changes in the N.C. Uniform Power of Attorney Act

Brooks Pierce on

While it may be hard for some to believe, we are rapidly approaching an important anniversary: Jan. 1, 2019 will mark one year from the date the North Carolina Uniform Power of Attorney Act (codified as Chapter 32C of the...more

BCLP

When Military Wills Do Not Contemplate Future-Born Children

BCLP on

Estate planning probably isn’t high on the priority list for many 20-year-olds, even if they are 20-year-olds serving in uniform. While the Armed Forces may make it easy for those serving our country to get a will, these...more

Chambliss, Bahner & Stophel, P.C.

Revoking a Power of Attorney

If for any reason, you become unhappy with the person you have appointed to make decisions for you under a durable power of attorney, you may revoke the power of attorney at any time. There are a few steps you should take to...more

Winstead PC

Court Voided Judgment Based On Family Settlement Agreement Where Party Revoked Consent

Winstead PC on

In In re Estate of Spiller, a party appealed an order admitting a will to probate and ordering the independent administrator to distribute the estate in accordance with a family settlement agreement. No. 04-15-00449-CV, 2016...more

Winstead PC

Court Affirms Power Of Attorney Holder’s Right To Revoke Gift

Winstead PC on

In Wise v. Mitchell, a power of attorney holder, Mitchell, filed a revocation of a deed that the principal issued to Wise. No. 05-15-00610-CV, 2016 Tex. App. LEXIS 6502 (Tex. App.—Dallas June 20, 2016, no pet. history). After...more

Harris Beach PLLC

Estate Planning During Divorce (Part 2)

Harris Beach PLLC on

The term divorce provokes a number of commonly known thoughts and reactions (i.e. a division of assets, a new - residence, a custody agreement concerning children, and so on). Less obvious is the effect that a divorce may...more

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