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Beneficiaries Spouses

Walkers

The importance of a will in estate planning

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Speaking about death can be difficult but planning ahead brings peace of mind and protects loved ones from unnecessary stress. Having a professionally drafted will ensures your wishes are followed and your estate is handled...more

Mandelbaum Barrett PC

Can Anyone File a Wrongful Death Claim in New Jersey?

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Losing a loved one unexpectedly is devastating, particularly when their death results from someone else’s negligence or wrongful actions. Financial hardships, including medical bills, funeral expenses, and lost income, often...more

Saul Ewing LLP

The Florida Homestead

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There are three aspects of the Florida Homestead law. One is the “save our homes” exemption. The save our homes exemption limits how much the value of the homestead can be increased from year to year for purposes of assessing...more

Dickinson Wright

The Hazards of Not Changing Beneficiaries Post-Divorce

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A recent case by the Tennessee Court of Appeals highlights the importance of changing one’s insurance and retirement policy beneficiaries after divorce. This is true no matter what the divorce documents say and no matter what...more

Charles E. Rounds, Jr. - Suffolk University...

Liability of Trust Beneficiary Who Litigates Vexatiously or Participates in a Breach of Trust

The Restatement (Third) of Trusts, specifically §104, lists four general areas in which the beneficiary’s actions may lead to an assumption of internal liability to the trust estate: (1) A loan or advance to the beneficiary...more

Farella Braun + Martel LLP

Mamma Mia!: Common Estate Planning Issues for Blended Families

Welcome to The Verdict: Estate Planning Through Film. I'm Hons Yung, and today I’m joined by Farella Senior Associate Taylor Porter to discuss the movie Mamma Mia! With ABBA's blend of pop, rock, and disco setting the tone,...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

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

Stark & Stark

The Omitted Spouse Claim Against an Estate

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Despite an intention to add a spouse or domestic partner to their Will, at times a decedent may neglect to do so prior to his/her death. Under such circumstances, however, a surviving spouse or domestic partner may be...more

Jaburg Wilk

Five Important Considerations When Creating Estate Plans for a Blended Family

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Blending families often introduce unique dynamics. In addition to the day-to-day challenges and opportunities that blended families create, there is also careful planning to consider when creating or updating an estate plan....more

Foster Swift Collins & Smith

Protecting Same-Sex Marriage Assets in Michigan If Obergefell is Ever Overturned

When the Supreme Court made its landmark decision in Obergefell v. Hodges in 2015, same-sex couples across the country gained the right to marry. But with recent shifts in the legal landscape, such as the overturning of Roe...more

Barnea Jaffa Lande & Co.

Rulings On One Sided Changes To Mutual Wills overturned

A new Supreme Court ruling overturns lower courts’ rulings and regulates the application of the “successive heirs” provision of the Succession Law, in instances when a surviving spouse who inherited property by virtue of a...more

Bowditch & Dewey

10 Reasons Why You Should Make Estate Planning Your New Year’s Resolution

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People often assume that if their estate isn’t taxable, they don’t need to have an estate plan. In 2024, a Massachusetts estate tax return must be filed if the value of the deceased person’s gross estate exceeds $2 million. A...more

The Estate Lawyers

Divorce Need Not Ignite Estate Litigation, But Too Often It Does

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Certain life events demand that estate planners work with client testators to adjust their estate plans. Divorce and remarriage are at the top of that list. When matrimony devolves into acrimony – setting the stage for...more

Goulston & Storrs PC

Prenuptial Agreement Held to Be Valid Waiver of Spouse’s Statutory Right of Election

Goulston & Storrs PC on

Generally, under New York EPTL 5-1.1-A, if a decedent is survived by a spouse, a right of election is given to the surviving spouse to take a share of the decedent's estate “equal to the greater of (i) fifty thousand dollars...more

Dickinson Wright

Ontario Court of Appeal Clarifies Limitation Periods for Loans, Gifts, and Estate Claims

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The question of when a lawsuit can be commenced in Ontario seems pretty straightforward – in general, a plaintiff has two years from the date when the basis for a claim is (or should have been) discovered. It sounds simple...more

Winstead PC

Court Reversed A Summary Judgment On Whether A Power Of Attorney Agent For A Settlor Had The Authority To Change The Designation...

Winstead PC on

In Bass v. Bogle, settlors, husband and wife, created a trust that owned the majority interest in a closely-held business, and they had two children. No. 03-23-00319-CV, 2024 Tex. App. LEXIS 5034 (Tex. App.—Austin July 18,...more

Brooks Pierce

Changing Laws Present Unique Estate Planning Opportunities for Married Couples

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Today’s federal estate and gift tax laws may be remembered as the most generous to wealthy families since the Great Depression. The 2017 Tax Cuts and Jobs Act (TCJA) doubled the federal estate, gift, and generation skipping...more

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

Lasher Holzapfel Sperry & Ebberson PLLC

Importance of Beneficiary Designations in Estate Planning

As a bit of background, there is a distinction between probate assets and non-probate assets. Probate assets are distributed according to your will during a probate administration whereas non-probate assets are distributed...more

Fleurinord Law PLLC

The Importance of Estate Planning for LGBTQ+ Couples in Texas and Florida

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The landscape of marriage in the United States has transformed significantly, particularly for same-sex couples, following pivotal legal battles that sought to recognize their right to marry. Understanding the nuances of...more

Fox Rothschild LLP

Perils of the 401K to IRA Rollover; Spouses Beware

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Earlier today I happened upon a really important article accenting the dangers of what often starts as an entirely innocent transaction. A site called the Street.com publishes a variety of articles about retirement and...more

Allen Barron, Inc.

What is Known as the IRS Survivor’s Penalty?

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What is known as the IRS survivor’s penalty, and is there anything that can be done to provide for a surviving spouse as we age? The “survivor’s penalty” is the likelihood that a surviving spouse will face higher federal and...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

Rivkin Radler LLP

Spousal Lifetime Access Trusts: A Way to Have Your Cake and Eat It Too

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You may have heard of Spousal Lifetime Access Trusts (SLATS) lately, especially if you have been thinking about using your federal estate and gift tax exemption before the current higher exemption amount of $13.61 million is...more

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