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Wills Spouses

Bowditch & Dewey

Remember to Adjust Your Estate Plan During or After a Divorce

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Married couples often have wills naming one another as their primary beneficiary. People also often name their spouse as beneficiary of retirement accounts and life insurance policies. Upon commencing a divorce action,...more

Ward and Smith, P.A.

Can You Feel the Love Tonight? Estate Planning for Couples

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Let's be honest.  Legal documents are not written in anyone's love language.  On Valentines Day, we undoubtedly would prefer to exchange thoughtful presents, enjoy an intimate meal with our significant other, or blush at the...more

Winstead PC

Court Reverses Summary Judgments On The Alleged Exercise Of A Power Of Appointment, Disclaimer, And The Statute Of Limitations

Winstead PC on

In In re Estate of Wells, No. 12-23-00066-CV, 2023 Tex. App. LEXIS 8475 (Tex. App.—Tyler November 8, 2023, no pet. history). The testator left a will that created a trust for his wife and descendants, named his wife as the...more

Kerr Russell

Recently Married? Consider These Steps To Protect Your Future

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In Michigan, the process for an individual to take their spouse’s last name is fairly simple, but does require taking action with both the Social Security Administration (SSA) and Michigan Secretary of State. The first...more

Winstead PC

Court Reversed Summary Judgment And Held That There Was A Fact Issue On Whether The Testator Had Mental Capacity To Execute A Will

Winstead PC on

In Castello v. Ex’r of the Est. of Castello, the decedent died leaving a will that left his property to his wife “for life” and then to his three children by a prior marriage. No 03-22-00012-CV 2023 Tex. App. LEXIS 4454 (Tex....more

Cohen Seglias Pallas Greenhall & Furman PC

[Webinar] My Will and My Divorce: Protecting Your Assets From Your Ex - September 26th, 12:00 pm - 1:00 pm ET

During the divorce process, one often overlooked area is updating your estate plan. Divorce can impact beneficiary designations on life insurance policies, retirement accounts, and other assets and can also have tax...more

Awatif Mohammad Shoqi Advocates & Legal...

Legal Procedures on Selling Heirs' Inherited Property in the UAE

In the United Arab Emirates, inheritance and wills are governed by a combination of Sharia law and civil laws. The legal framework for Muslim individuals' wills and inheritance is primarily based on the Federal Law No....more

Downey Brand LLP

Court Applies Harmless Error Rule to Validate Will Benefiting Ex-Fiancé

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Typewritten wills in California generally require the signatures of two witnesses to be found valid, but the harmless error rule can save the day. Probate Code section 6110(c)(2), as recently discussed, provides that a will...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

Adler Pollock & Sheehan P.C.

Estate Planning Pitfall: You Haven’t Coordinated Beneficiary Designations With Your Will

Perhaps you drafted your will years ago and it references many of your existing assets, including retirement plan accounts and life insurance policies. But you also have paperwork on file with the applicable financial...more

Burns & Levinson LLP

Capacity and Estate Planning: What You Need to Know

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As our loved ones get older, we want to ensure that they have planned for their future. This often means having an estate plan in place to handle the distributions of their assets upon their passing or to plan for their...more

Ward and Smith, P.A.

Joint Trusts: A Useful Tool for Some Married Couples

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Though not a silver bullet for every situation, in appropriate circumstances, a Joint Revocable Living Trust ("Joint Trust") can provide a married couple with significant benefits and simplify the administration of assets...more

Downey Brand LLP

Should “Dutiful Children” and “Dutiful Spouses” Be Exempt from the Undue Influence Presumption?

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California trust and estate disputes often feature claims by one sibling that another gained a larger share by unduly influencing a parent. When there are factors suggesting undue influence, who should bear the burden of...more

Winstead PC

Court Holds That Trust Owned Mineral Interests And Not The Settlor’s Wife

Winstead PC on

In Moore v. Estate of Moore, a decedent’s wife claimed that she had an interest in an oil and gas lease formerly owned by her deceased husband. No. 07-20-00019-CV, 2021 Tex. App. LEXIS 6142 (Tex. App.—Amarillo July 30, 2021,...more

Woods Rogers

Estate Planning for Married Couples and Parents

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In this two-part series, the articles focus on the importance of proper estate planning.  The previous article focused on Estate Planning for Young Adults. This article will highlight important documents and considerations...more

Lowndes

Florida’s Elective Share: Just What the Disinherited Spouse Needed

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It happens more often than you think: A surviving spouse is unknowingly excised from their predeceased spouse’s last will and testament to ostensibly be left with nothing. For instance, The Cars front man, Ric Ocasek, removed...more

Adler Pollock & Sheehan P.C.

Estate Planning Pitfall: You’ve Named the Wrong Executor

Maybe you thought that a member of your immediate family — perhaps your spouse or oldest child — would serve as the executor of your estate. Or you may have planned for a close friend to handle these duties. But the person...more

Obermayer Rebmann Maxwell & Hippel LLP

Pennsylvania’s Spousal Elective Share

Disinheriting a spouse in Pennsylvania is not as simple as leaving a spouse nothing under the Will. In Pennsylvania, the surviving spouse has the right to receive an “elective share” of certain property of the deceased...more

Ruder Ware

Getting Started: Estate Planning for Young Families

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For many people, the first time they start thinking about an estate plan is when they start to have family members that depend on them financially – typically, a spouse or a child. Let’s take, for example, a young married...more

Burns & Levinson LLP

Updating Your Estate Plan in the Event of Divorce

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It’s advisable to review and update your estate plan with any change in personal circumstances, financial circumstances, changes in the law, or just the passage of an extended time. But if you’re in the midst of a divorce, or...more

Adler Pollock & Sheehan P.C.

Insight on Estate Planning - October/November 2019

Do you know the differences in estate tax law for couples when both spouses are U.S. citizens vs. when one spouse is a non-U.S. citizen? Or what nonlegal document should accompany a will? We are pleased to present the...more

Adler Pollock & Sheehan P.C.

Insight on Estate Planning - August/September 2019: Protect your will from legal challenges

To avoid family disputes over a will after one’s death, it’s worth taking the time now to institute steps to protect the will from legal challenges. This article details four specific steps for bulletproofing a will. A...more

Ruder Ware

Who Gets Your Property if You Die Without a Will?

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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

Burns & Levinson LLP

Estate Planning After Divorce

Burns & Levinson LLP on

Divorce attorneys saw a wave of divorces last year due to the changes in the tax laws that took effect on January 1, 2019. If you were one of the masses whose divorce was finalized in 2018, now is the time to revise your...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

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