News & Analysis as of

Surviving Spouse Marriage

Husch Blackwell LLP

Let’s Get Hitched: Florida Supreme Court Expands Interpretation of “Surviving Spouse” Under the Florida Wrongful Death Act

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In Ripple v. CBS Corporation, et. al., the Florida Supreme Court held a surviving spouse is entitled to recovery for wrongful death under the Florida Wrongful Death Act (the Act), codified at Fla. Stat. §§ 768.16-768.26...more

Fox Rothschild LLP

Managing Das Haus in a Second Marriage Estate Plan

Fox Rothschild LLP on

So, you have remarried. Perhaps it has been 30 months; maybe 30 years. When you got together the guy/girl moved into your crib. It’s always been titled in your name and it’s the house you got in your divorce from No. 1. Now...more

Fox Rothschild LLP

Senator Feinstein Alleges that the Trust Meant to Protect Her Has Become “Untrustworthy.”

Fox Rothschild LLP on

Back on July 26 we wrote about how trusts have become a new territory within the divorce landscape. At the time the press was just starting to write about California Senator Diane Feinstein’s troubles with the trust her...more

Fox Rothschild LLP

Divorcing the Wealthy is Often a Matter of “Trusts”

Fox Rothschild LLP on

I received a call recently from a colleague looking to refer a client for a divorce. Our firm had done estate planning for the client and spouse, thus we were not eligible to represent either party in a marital break up as...more

Warner Norcross + Judd

More Marriages Being Contested In Probate Litigation

Warner Norcross + Judd on

We are increasingly seeing more disputes over the validity of marriages in probate litigation. A recurring fact pattern is that a romantic partner will attempt to orchestrate a marriage to the second partner, who is suffering...more

Fox Rothschild LLP

Is Spousal Privilege Relevant in the 21st Century?

Fox Rothschild LLP on

This writer, in his more grandiose moments, likes to think himself a legal historian. And in these “fantastic” moments he will (a) write in the third person and (b) indulge in comparing modern law with that of olden days....more

Faegre Drinker Biddle & Reath LLP

Can a Person Marry Into Consortium Damages in a Wrongful Death Claim? Florida’s Fourth and Fifth District Courts of Appeal Are in...

Permitting an injured plaintiff’s spouse to claim loss of consortium where the injury in question occurred prior to the marriage would enable the spouse to marry into a cause of action. Florida’s common law rejects this...more

Chambliss, Bahner & Stophel, P.C.

Can a Marriage Be Annulled After One Spouse’s Death?

Marriage is supposed to be “until death do us part,” but after one spouse dies, is it possible for a court to declare a marriage invalid (annulled)? It can happen, as a Nebraska widower recently learned, but only in certain...more

Adler Pollock & Sheehan P.C.

Insight on Estate Planning - April/May 2019: A second walk down the aisle can complicate estate planning

An estate planning rule of thumb is to review (and, if necessary, revise) one’s estate plan in light of major life events. Such events include a marriage, birth of a child and a divorce. A second marriage also calls for an...more

Farrell Fritz, P.C.

’Till Death [And Divorce] Do Us Part

Farrell Fritz, P.C. on

The Surviving Spouse’s Right of Election vs. A Former Spouse’s Rights in the Decedent’s Estate under a Separation Agreement - Spousal separation agreements sometimes pro­vide for one party to make a provision in his or her...more

Proskauer Rose LLP

Wealth Management Update - July 2018

Proskauer Rose LLP on

July Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-family Loans and Split Interest Charitable Trusts (Rev. Rul. 2018-16) - The July § 7520 rate for use with estate planning techniques such as CRTs,...more

Bowditch & Dewey

The Second Time Around: Estate Planning for Blended Families

Bowditch & Dewey on

Estate planning is about formalizing your intentions for what will happen when you pass away. For those in a second marriage with children from a prior relationship, it is even more important to spell out your intentions and...more

Farrell Fritz, P.C.

Waiver of Right of Election: Correction of Defective Acknowledgment

Farrell Fritz, P.C. on

With a specific statute (Domestic Relations Law §236(3)) mandating that pre-nuptial agreements must be acknowledged, and with a specific statutory form of acknowledgment (Real Property Law §309-a(1)), it is surprising that...more

Jackson Walker

Supreme Court Approves Same-Sex Marriage: Tax and Legal Implications for Same-Sex Spouses

Jackson Walker on

On June 26, 2015, the Supreme Court handed down its decision in the landmark case of Obergefell v. Hodges. The Court held that the Fourteenth Amendment to the United States Constitution requires all states to license a...more

McNees Wallace & Nurick LLC

Marriage and Taxes in 2013

Two significant events in 2013 underscored the nexus of marriage and taxes that make it possible for many couples to radically simplify their estate planning. ...more

Smith Anderson

Elective Share Changes May Require Estate Planning Updates

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Effective October 1, 2013, the elective share rules for persons who die domiciled in North Carolina have been simplified, but for many married couples the simplification will mean a substantial change in the property rights...more

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