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Spouses Estate Planning Inheritance

Burns & Levinson LLP

Does My Spouse Have Any Claim to My gifted or Inherited Assets in Our Divorce?

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The answer to this question is: it depends. In general, all assets in either party’s name or in which either party has a beneficial interest at the time of the divorce are subject to division in the overall division of...more

Bowditch & Dewey

Beyond Taxes: 10 Important Reasons Why Everyone Needs an Estate Plan

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People often assume that if their estate isn’t taxable, they don’t need to have an estate plan. In 2023, a Massachusetts estate tax return must be filed if the value of the deceased person’s gross estate exceeds $1 million. A...more

Downey Brand LLP

Cohabitation Required for “Marital Presumption” to Bar Heirship

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Who’s your father for inheritance purposes in California? Family Code section 7540(a) states that “the child of spouses who cohabited at the time of conception and birth is conclusively presumed to be a child of the...more

Adler Pollock & Sheehan P.C.

A Spouse’s Inheritance Rights Vary State by State

If you’re preparing to get remarried, your estate plan likely isn’t top of mind. However, depending on the state you live in, your spouse has property rights that apply regardless of the terms of your estate plan. These...more

Ruder Ware

Protecting Your Inheritance

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So you’ve received an inheritance and you’re married. The person who left you the inheritance probably intended for it to benefit you, not your spouse, if you get divorced. How do you protect the inheritance?...more

Ward and Smith, P.A.

Yours, Mine, and Ours: Estate Planning for Blended Families

Ward and Smith, P.A. on

According to recent statistics, four out of every ten families are blended families. As you might expect, estate planning for blended families is often complicated. Proper planning requires not only careful financial and...more

Farrell Fritz, P.C.

Non-Marital Child’s Legitimacy is Presumed for All Purposes of New York Law, Including Inheritance, When Parents Marry After the...

Farrell Fritz, P.C. on

When a child is born to parents who are not married, the child oftentimes must satisfy Estates, Powers and Trusts Law (“EPTL”) § 4-1.2 (which requires, among other things, an order of filiation, an acknowledgement of...more

Shutts & Bowen LLP

The Importance of Regular Check-ups for a Healthy Estate Plan

Shutts & Bowen LLP on

After creating and implementing a plan for your estate, it is important to regularly revisit your plan to ensure that it is still reflective of your values and goals for passing along your legacy. Seemingly small changes in...more

Downey Brand LLP

Daughter Liable for Interfering with Stepmother’s Inheritance

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Intentional interference with expected inheritance (IIEI) was recognized as a legal claim in California about eight years ago in Beckwith v. Dahl (2012) 205 Cal.App.4th 1039. Last week, the Court of Appeal issued the first...more

Lewitt Hackman

Why Should I Get My Estate Planning Done Now?

Lewitt Hackman on

Last Sunday I learned that my mother’s dear friend who is very active, hikes daily, gardens daily, does senior yoga weekly, eats a healthy diet, and has many volunteer and social commitments that keep her happy, went on a...more

Farrell Fritz, P.C.

Wills, Trusts & Estates: Plain and Simple – Estate Planning for the Second Marriage: “Protecting” the Kids

Farrell Fritz, P.C. on

What is one of the things that kids from a first marriage worry about when their parent re-marries? The “evil” step-parent getting it all, of course. Many parents struggle with the problem of alleviating the fears of their...more

Blank Rome LLP

Protecting an Inheritance from the Ravages of a Divorce War

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It is not uncommon for divorce to bring out the very worst in people, especially when a soon-to-be ex-spouse is used to being the one in control of the relationship. The contentious tug of war can even result in threats to an...more

Downey Brand LLP

Your Slice of the Pizza – Only Directly Inherited Asset Qualifies as Separate Property

Downey Brand LLP on

It is widely understood in California that inherited assets, unlike assets earned from labor, are the separate property of the receiving spouse.  But what if the assets do not come directly from a parent and instead pass from...more

Ruder Ware

My spouse is on Medicaid, now what?

Ruder Ware on

It is common for a client whose spouse is receiving Medicaid to lack adequate estate planning to protect those Medicaid benefits in the event the client dies before their spouse. Yet, after all of the time and energy spent to...more

Burns & Levinson LLP

Why You Need a Trust

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People often ask “Why do I need a trust?” Some folks think they can get by with a simple will. Here is why you probably need more than that...more

BCLP

US/UK tax series: Estate planning issues for US/UK couples

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If you are a US citizen and your spouse or civil partner is not you need to ensure you have appropriate estate planning in place to avoid your heirs getting an unexpected tax bill following your death. In this guide we...more

BCLP

Family Asset Protection – LGBT* clients and alternative families

BCLP on

In the summer of the fiftieth anniversary of the Stonewall riots, the LGBT* community have a lot to celebrate. In the last 15 years, there have been significant changes for same-sex couples in England and Wales. In 2004 the...more

Burns & Levinson LLP

Talking To Your Kids About Prenuptial Agreements

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If you have been divorced, you may be excited and yet anxious when your child decides to marry. You may be happy that she has found love, but you may also be painfully aware of the difficulties she may encounter if the...more

Ruder Ware

Who Gets Your Property if You Die Without a Will?

Ruder Ware on

Some clients decide to hire an attorney to prepare their estate planning documents because they do not like the default laws in Wisconsin about who gets their property if they die without a will. In Wisconsin, if you die...more

Amundsen Davis LLC

Seven Estate Planning Considerations For Blended Families

Amundsen Davis LLC on

Over the course of my career, I have received many calls from blended families who encounter issues after the death of a loved one. For example, following the death of her father, Mary remained close to her step-mother....more

Downey Brand LLP

Stepmother vs. Stepchild, Now Playing in a California Probate Court Near You

Downey Brand LLP on

Stepmothers are frequent characters in California trust and estate litigation, as they are in fairy tales and Disney movies. With about half of all marriages ending in divorce, there are many stepmother/stepchild...more

Adler Pollock & Sheehan P.C.

When should you turn down an inheritance?

If a person expects to receive an inheritance from a family member, he or she might choose to use a qualified disclaimer to refuse the bequest. As a result, the assets will bypass their estate and go directly to the next...more

Smith Debnam Narron Drake Saintsing & Myers,...

How Does Remarriage Impact Wills and Inheritances?

Divorce and remarriage are common in the United States, and most legal professionals place these issues squarely within the family law realm. However, people who remarry should also carefully revisit their estate plan...more

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