Choosing a Trustee: Navigating the Complexities and Key Considerations
Law School Toolbox Podcast Episode 509: Listen and Learn -- Third-Party Rights in Contracts (Part 2 - Beneficiaries)
Law School Toolbox Podcast Episode 508: Listen and Learn -- Third-Party Rights in Contracts (Part 1 - Rules)
Mamma Mia!: Common Estate Planning Issues for Blended Families
Once Removed Episode 38: The Legacy Mindset: What It Is and How to Build It
John Wick - What You Need To Know about the Corporate Transparency Act
Once Removed Episode 24: Expressing Goals and Intent for the Trust
Once Removed Episode 23: Naming Guardians for Minor Children
Once Removed Episode 22: Building Flexibility into the Estate Plan
Once Removed Episode 20: Helping a Beneficiary Purchase a Home
Life After Love Gone Wrong Podcast: Season 3, Episode 6 - Reshaping Your Legacy: Estate Planning After Your Divorce
Charitable Planning With Guest Stephanie Hood: Navigating Complex Rules and Traps for the Unwary
A Primer On Trusts - A Podcast with Janathan Allen
Once Removed Episode 13: It’s 5 o’Clock: Do You Know Where Your Will Is? A Lesson From Aretha Franklin
Once Removed Episode 12: SLATs and the Case of McKim vs. McKim
Once Removed Episode 11: Spousal Lifetime Access Trusts, or SLATs
Digital Planning Podcast Episode: Family Office Technology Solutions
Digital Planning Podcast Episode: The Uniform Electronic Estate Planning Documents Act
What is a self-proving affidavit?
The Importance of Beneficiary Designations
The Purple Reign… in Chaos: Netflix, Secrets, and the Fight Over Prince's Legacy...more
Especially in the beginning stages of building a family, legal documentation is not often top of mind. However, for young families, establishing a comprehensive estate plan is an important and proactive step toward...more
A five-year legal dispute between heirs of the renowned artist Thomas Hart Benton and the trust department that administered and managed the Benton Trust produced a significant ruling last month in Jackson County, Missouri...more
Assume the deceased settlor of a trust had intended that his niece be included in the beneficiary class, but his estate-planning attorney had negligently made no provision for her in the governing instrument. After settlor’s...more
Why do estate planners — traditionally non-litigating attorneys — sometimes end up in litigation? The mindset of an estate planner is about helping people. You work to help clients make and carry out major life...more
A wealthy man with four adult children, three daughters and a son, left millions to his daughters when he died, but nothing for his son. Was that the father’s intention? The answer came after much acrimonious litigation...more
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
Trial attorney David Skidmore from Warner Norcross + Judd LLP’s Probate Litigation Practice Group, a subgroup of the firm’s Litigation and Dispute Resolution Practice Group, recently represented clients in a trial before the...more
Power of Attorney Did Not Provide Authority to Create a Trust on Behalf of the Elder Who Granted the Power of Attorney - Barbetti v. Stempniewicz, 490 Mass. 98 (Sup. Jud. Ct. June 28, 2022) Does a power of attorney...more
February 2022 Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split-Interest Charitable Trusts....more
The COVID-19 pandemic has forced litigants to wrestle with the dilemma of waiting for a jury trial or moving forward more expeditiously by way of a bench trial. Recently, the Appellate Division, Fourth Department, and the...more
Daughter with Power of Attorney Had Burden to Show No Undue Influence over Father - Coscia v. Sweezey, 2021 WL 4765696 (Mass App. Ct. October 13, 2021) - Does holding a power of attorney from a parent in declining...more
This newsletter is intended to keep readers informed about developments in probate and fiduciary litigation in Massachusetts and New York. Decedent’s New York Residence at Time of Death Does Not Create Jurisdiction in New...more
Disapplying the perpetuity period of a trust can allow deceased settlors to extend their influence down many future generations, almost indefinitely. However, the hand of the deceased settlor can be seen as benign and...more
In Texas, undue influence is generally described as such influence or dominion as to destroy the free agency of the testator, and substitute the Will of another in its place – compelling the maker of the Will to do that which...more
Mishaps of celebrities in their estate planning can offer insight into what can happen when you neglect your estate planning. While interest in a band or song rights may not be a part of your family’s portfolio, business...more
Time for some summer fun. You can make bequests in your Will and attach any contingency you would like. Whether the bequest or contingency will be able to be carried out, or withstand an objection by the beneficiary in the...more
A common misconception is that when you die with a Will, your heirs avoid probate. In California when you die with a Will and the total assets owned in your sole name exceed $166,250, your estate goes through probate (a court...more
With the coronavirus pandemic, many people have asked, “what happens if I die without an estate plan?” Without a properly prepared estate plan, California does your planning for you. ...more
Yes, sometimes your estate plan can be changed AFTER you die to alter bequests made in Wills and Revocable Trusts. (For ease, “will” is used throughout this article.) This is done to change ownership of assets and/or to...more
The Probate & Fiduciary Litigation Newsletter compiles recent Trust & Estate cases. Our lawyers are at the forefront of this area of the law, shaping how it is handled in the Probate and Family Court. Goulston & Storrs is the...more
Your friendly neighborhood branch banker suggests that you change all your accounts to either joint with your kids, or to name your kids as beneficiaries on all your accounts (a “pay on death” beneficiary designation). She...more
An account that is titled in your name and that of your child “with right of survivorship” passes to your child upon your death “by operation of law.” That is, your Will does not control the disposition of this account. When...more