News & Analysis as of

Wills Executors

Stark & Stark

Litigation Concerning an Executor’s Accounting

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As discussed in a previous blog, prior to an executor making distributions from an estate he/she must produce an accounting which the beneficiaries of an estate are entitled to review. Provided that the accounting is...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

Adler Pollock & Sheehan P.C.

Estate Planning Red Flag: You’re Attempting to Create Your Estate Plan with DIY Tools

Interested in trying to prepare your own estate plan? There are resources available to assist you, such as online services, computer software and how-to books. Do-it-yourself (DIY) estate planning may save you hundreds or...more

Chambliss, Bahner & Stophel, P.C.

Who Gets the Iron Skillet? A Solution for Avoiding Family Conflict

The Chambliss estate planning team often helps families navigate the complexities of administering a loved one’s estate. Challenges can arise in addressing the personal property in the estate...more

Winstead PC

Court Held Order Requiring An Executor To Make A Partial Distribution Was Not An Appealable Order

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In Gaddy v. Fenenbock (In re Est. of Fenenbock), a probate court entered an order directing the independent executor of an estate to make a partial distribution of assets from the residuary clause in the decedent’s will into...more

Marshall Dennehey

Legal Updates for Lawyers’ Professional Liability - Case Law Update

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Florida Court of Appeal Holds that Illinois Law Firm Subject to Jurisdiction of State of Florida in Connection with Legal Malpractice Lawsuit Brought by Personal Representatives of Deceased Father’s Florida Estate - Neal...more

Allen Barron, Inc.

The Immediate Importance of Estate Planning

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What is the immediate importance of estate planning and why should any parent, business owner, homeowner, or those nearing retirement be focused on this issue? Why do most people delay one of the most critical financial and...more

Lerch, Early & Brewer

Ten Reasons Why You Should Prepare a Will

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Creating a last will and testament is the first step in creating an estate plan – a critical planning tool to ensure that your wishes are honored and that your loved ones are cared for after your death....more

Winstead PC

Court Affirmed The Removal Of An Executor For Gross Mismanagement

Winstead PC on

In Gordon v. Gordon, a couple created a revocable trust and named a friend, who provided financial advice, as successor trustee. No. 03-22-00454-CV, 2024 Tex. App. LEXIS 3611 (Tex. App.—Austin May 23, 2024, no pet. history)....more

Kohrman Jackson & Krantz LLP

Are You Ready for National Make-a-Will Month? Ten Essential Questions You Need to Answer

August is “National Make-a-Will” Month, the perfect opportunity to seriously consider your estate plan. Many delay this crucial task due to common misconceptions about what an estate involves. Here, we delve deeper into what...more

Lippes Mathias LLP

Understanding the Role of an Estate Representative and Choosing the Right Individual for your Estate Plan

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Once you have taken the essential step in formulating your estate plan, you must name an executor of your Will. Whom should you designate for this significant role, and what is expected of them?...more

Rivkin Radler LLP

Wendy and Jen Wreck the Movies: Baby Mama (2008), or What Not to Leave to Chance When You Are Expecting

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Kate Holbrook discovers that her chances of becoming pregnant are drastically reduced. Kate considers adoption, but a misguided social worker convinces her that her chances of being approved as an adoptive parent are limited...more

Lippes Mathias LLP

Considerations When Choosing Between a Trust vs. Will Estate Plan

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There are a number of considerations to make when deciding whether to proceed with a Will-based estate plan or a trust-based estate plan. First, as a general matter, there are two ways in which your estate can be distributed...more

Ward and Smith, P.A.

Protecting Your Family Business for When Marriages End

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Love may be eternal, but all relationships on this earth are guaranteed to end at some point. In fact, we know with certainty that every marriage is going to end in one of two ways, either by death or divorce....more

Allen Barron, Inc.

Why Do You Need Estate Planning?

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Why do you need estate planning no matter where you live, but especially in California? What is estate planning? Isn’t estate planning just for people with a lot of money, property and wealth? Why should someone just...more

Hendershot Cowart P.C.

Alternatives to Litigation in a Will Contest or Probate Dispute

When conflict arises in the settling of an estate – especially a high-net-worth estate – the parties involved may look to the courts to help resolve the dispute. Litigation is one way to settle probate disputes, but it is...more

Lippes Mathias LLP

Avoiding Probate in New York: Benefits of Planning Ahead

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What is the Probate Process in New York? Probate is the formal legal process that gives recognition to a will and appoints the executor or personal representative who will administer the estate and distribute the...more

Warner Norcross + Judd

When Can the Probate Court Bypass a Nominated Personal Representative in a Will and Appoint Someone Else?

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As background, according to MCL 700.3203(1), a person named in a will to serve as personal representation has priority of appointment unless that person is disqualified. A person is disqualified if they are unsuitable to...more

Bowditch & Dewey

Estate Planning for Child-Free Adults

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DURING YOUR LIFE - When preparing your estate plan, it is of utmost importance to ensure that you have documents in place so your spouse or another trusted individual can make medical and financial decisions on your...more

Barnea Jaffa Lande & Co.

Amendments to the Israeli Succession Law

New amendments to the Israeli Succession Law came into effect recently. These amendments aim to alleviate the bureaucratic burden involved both in issuing probate orders or inheritance orders and in supervising estate...more

Miles Mediation & Arbitration

Planning Your Estate? What to Ask Before You Name an Executor

Benjamin Franklin once said that nothing is certain except for death and taxes. For many people, the awareness of the first certainty spurs them to make an estate plan, which necessitates several important decisions. In...more

Frantz Ward LLP

Choosing an Executor

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One of the most important decisions you will face when creating your estate plan is who to choose as your Executor. An Executor’s job is to make sure that the terms of your Will are carried out in a timely fashion. To...more

Winstead PC

Court Affirmed An Order Holding That A Deceased Astronaut’s Artifacts Were His Separate Property

Winstead PC on

In Bean v. Bean, a dissenting co-executor sought relief from a probate court regarding whether certain assets were separate property or community property. No. 05-21-00286-CV, 2022 Tex. App. LEXIS 9058 (Tex. App.—Dallas...more

Downey Brand LLP

Home Is Where You Lay Your Sombrero – Spouse Who Lives Abroad Cannot Serve as Administrator of Husband’s Estate

Downey Brand LLP on

Here’s another reason (uno más in Spanish) to create and properly execute a will. If your spouse or other trusted designee lives out of the country when you die, he or she won’t be eligible to administer your California...more

Winstead PC

Enforcement Of Will/Trust Provisions Giving The Fiduciary The Power To Construe The Document

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​​​​​​​It is common for wills or trusts to provide that the fiduciary has the right to construe the document. For example, a provision may state that the fiduciary shall resolve any question regarding the construction,...more

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