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Wills

Downey Brand LLP

Estate of Tarlow and the Spirit of the Law– When Sibling Rivalries Extend Beyond the Grave

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Justice Stephen Field wrote for a unanimous Supreme Court in the 1869 case of United States v. Kirby that “The reason of the law . . . should prevail over its letter.” Justice Field wrote these words in support of a decision...more

Offit Kurman

Estate Planning: Peace of Mind for Uncertain Times

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In the late 19th century, death was almost fashionable. Funerals were well attended and even rivaled weddings in their splendor and expense. Department stores offered an array of luxury clothing for grieving mothers and...more

Hinckley Allen

The Essential Guide to Document Preservation for Estate and Business Planning

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Over the course of a lifetime, each of us will accumulate a small mountain of documents, paperwork that is often carelessly tossed in a drawer and then, perhaps, eventually discarded. Though much of this paperwork is...more

Offit Kurman

Why You Need to Update Your Estate Planning After a Divorce

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Divorce is a major life change that affects far more than just your relationship status. One crucial—but often overlooked—aspect that needs immediate attention after a divorce is your estate plan. Failing to update your...more

Goulston & Storrs PC

Executor Nominated by Decedent Deemed Unfit to Serve

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When is the executor nominated by the decedent in a will deemed unfit to serve as executor? Rarely – but a recent decision in Surrogates Court set forth the standard and deemed the nominated executor in that case unfit to...more

Lewitt Hackman

Second Marriage Prenup: Protecting Your Assets and Loved Ones

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While second marriages represent a fresh start and an exciting journey, consider the potential financial and legal outcomes before you re-tie the knot. A prenuptial agreement (prenup), a contract that outlines both spouses’...more

Goulston & Storrs PC

Land Court’s Invalidation of Deed as the Result of Undue Influence Affirmed

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What constitutes undue influence sufficient to invalidate a deed? In Erikson v. Erikson, 105 Mass. App. Ct. 1115 (February 24, 2025), the Appeals Court of Massachusetts affirmed the Land Court’s invalidation of a deed on the...more

Adler Pollock & Sheehan P.C.

What’s My Collection Worth? Proper Estate Planning is Important When Accounting for Works of Art

If you possess paintings, sculptures or other art pieces, they may represent a significant portion of your estate. Thus, these assets must be properly accounted for in your estate plan....more

The Estate Lawyers

Estate Law Update: Millions More California Homes Eligible to Bypass Full Probate Process

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Before shifting my practice from estate planning to estate litigation, I witnessed up close the challenges and frustrations associated with the California probate process. That has changed for many Californians. Assembly Bill...more

The Estate Lawyers

Lesson for Couples: Act now while you are well to avoid financial calamity in the event of cognitive decline.

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It was a heartfelt move by a high-profile person. Renowned comedian and former talk-show host Jay Leno took significant steps to ensure the well-being of his wife, Mavis, who has dementia, should he die before her. Unable to...more

Winstead PC

Court Reversed Order Setting Aside The Probating Of A Will Where The Evidence Was Insufficient To Support The Order

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In In re Estate of Johnson, an administrator and a third party appealed the trial court’s judgment setting aside the probate of the decedent’s will, removing the administrator, and voiding the sale of an estate asset to the...more

Winstead PC

Texas Supreme Court Holds That Unsworn Testimony By Attorney Regarding A Lost Will Should Have Been Considered By The Appellate...

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In In re Estate of Brown, a charity offered a copy of will to probate. No. 23-0258, 2024 Tex. LEXIS 684 (Tex. August 30, 2024). An attorney offered unsworn testimony regarding the reason for the nonproduction of the original...more

Kohrman Jackson & Krantz LLP

What Gene Hackman’s Estate Reveals About Proper Estate Planning

The recent death of legendary actor, Gene Hackman, age 95, and his wife Betsy Arakawa, age 65, has brought attention to the complexities surrounding their estate and illustrates the need for proper estate planning. At his...more

Saiber LLC

Planning for the Future with Advance Directives, POLST, and Funeral Representatives

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Healthcare treatment. Hospital preferences. End-of-life care. Some choices are too important to leave to chance—yet they often are. A recent poll found that only 46% of older adults in the U.S. had documented their...more

Walkers

Intergenerational wealth transfer part 2: Execution

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The best plan is worthless if not properly executed. This article follows on from our earlier discussion on issues clients may need to consider before passing assets to their intended heirs. Here, we highlight some...more

Jaburg Wilk

Why an Estate Plan is as Essential as Sunscreen

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In Arizona, spring is when the sun shines brightly, and the temperatures are perfect for enjoying outdoor activities. As much as we love the spring warmth, it is important to remember that with all that sunshine comes the...more

The Estate Lawyers

Music Legend’s Family Bears the Weight of Estate Feud Centered on Financial Abuse and Incapacity Claims

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Robbie Robertson, famously associated with Bob Dylan, left his own mark as founder of legendary band, The Band, and through his solo work and his many movie scores. Inducted into the halls of fame in the U.S. and his native...more

Lasher Holzapfel Sperry & Ebberson PLLC

2025 Estate Planning Opportunities

Springtime is a great time to review your current estate plan or consider creating one. This year brings a number of opportunities for creating an estate plan, pursuing gifting strategies, and considering philanthropic...more

Mandelbaum Barrett PC

Estate Planning Tips for Newlyweds and Expecting Parents: What You Need to Know

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For newly married couples and those starting a family, estate planning is often thought of as something to address later in life. However, as discussed by Dan Stone, an associate in the Elder Law Practice Group at Mandelbaum...more

Carey Olsen

Shares across shores

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In an article for STEP Journal, Carey Olsen partner Helen Wang TEP looks at a recent case assessing the treatment BVI company shares as property and which governing law should apply for succession purposes. In Al Thani v Al...more

Fleurinord Law PLLC

Real Housewives of Potomac Star Gizelle Bryant Contests Father’s Will: What Texas Law Says About Undue Influence and Testamentary...

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A Civil Rights Legacy, a Contested Will, and Questions of Capacity - Gizelle Bryant, one of the stars of the Real Housewives of Potomac, is currently embroiled in a legal dispute that touches on deep family ties, a civil...more

The Estate Lawyers

The Importance of Formal Communications When Amending Trusts

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A recent appellate case serves as a valuable lesson for both estate planners and beneficiaries about adhering to formal procedures when making changes to a trust. The court found that the mere exchange of emails was...more

The Estate Lawyers

Four Estate Planning Lessons from the Deaths of Gene Hackman and Betsy Arakawa

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The recent passing of legendary actor Gene Hackman, 95, and his wife, Betsy Arakawa, 65, within days of each other in their Santa Fe, New Mexico, home underscores the importance of contingency planning and other factors in...more

The Estate Lawyers

More Primary Residences Will Soon Be Eligible to Bypass the Full Probate Process in California

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California’s Assembly Bill 2016 – which goes into effect April 1 – introduces significant positive changes to the probate process, particularly for primary residences. The law raises the value threshold for primary residences...more

Warner Norcross + Judd

Michigan Court of Appeals Ruling Reflects Certain Probate Court Relief is Limited to ‘Interested Persons’

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A unique aspect of practicing before the probate court is the “interested person” concept. Someone who qualifies as an “interested person” is entitled to be served with filings and receive notice of hearings in proceedings...more

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