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Roughly two-thirds of Americans are estimated to die without executing a valid will. As a result, assets in their name will pass under the laws of intestacy of their home state. The laws of intestacy are essentially default...more
Many families are confident that they have made the necessary preparations to transition their wealth, businesses, foundation and family office to the next generation ... someday, when the time is right. We know that some...more
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
The period after a spouse passes away is an emotional time of mourning. However, there are a handful of estate planning adjustments that you should make to protect your estate under the new conditions....more
Many people fear the word probate, and it is not without reason. Probate can be a tedious, expensive and lengthy process, where you are at the whim of the court’s timeline. But what is probate? Probate is when you must...more
Today on “Splitting Heirs,” host Warren Racusin speaks with Molefi McIntosh and Mavis Gragg about the “heirs’ property problem--” or what happens to real estate when it is passed down within families without benefit of a...more
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
One of the most common questions we hear from our clients is “do I need a revocable living trust?” While in some states a revocable living trust is a vital component of any estate plan due to those state’s probate laws,...more
Back on July 26 we wrote about how trusts have become a new territory within the divorce landscape. At the time the press was just starting to write about California Senator Diane Feinstein’s troubles with the trust her...more
I am often asked about the difference between wills and revocable trusts, so I thought it important to explain the purpose of each. Wills and revocable trusts basically do the same thing – each is a document in which you...more
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
In Mittelsted v. Meriwether, the decedent changed his will and beneficiary designations on bank accounts to leave everything to his half-brother. No. 14-21-00755-CV, 2023 Tex. App. LEXIS 1020 (Tex. App.—Houston February 16,...more
Margaret Schlegel and Ruth Wilcox bond over Christmas shopping, their shared attachment to their respective childhood homes and familial loyalty. Ruth enchants Margaret with stories of her ancestral home, Howards End. Ruth...more
Quick quiz – What do Michael Jackson, Prince, Heath Ledger, Amy Winehouse, Chadwick Boseman and Avicii have in common? Yes, they are all famous people who died unexpectedly at a fairly young age, but they have something else...more
Forgive the title but this is written amidst the Eagles-Vikings game and on the same date as Queen Elizabeth’s funeral. Commentators noted that the Queen’s final event was more than a generation in the planning and was...more
Almost any type of asset you might have can have a beneficiary designation associated with it. Beneficiary designations supersede the designation in a will or trust and your failure to update them can lead to complications...more
Our attorneys field questions every day about the nuanced estate planning issues that arise due to a client's unique circumstances, but there also are many fundamental estate planning considerations that apply "across the...more
The primary reason most people engage in estate planning is to name who they want to receive their assets when they pass away. Beneficiaries can be named in a will, a trust or pursuant to a beneficiary designation. When...more
When you’re in the throes of a separation or divorce, it is easy to forget the importance of updating your will and your estate plan. With so much happening in the here and now, things like beneficiary designations and...more
If you are single, you may not think you need to plan your estate, but single people are in as much need of a plan as anyone else. Estate planning not only involves determining where your assets will go when you die -- it...more
Wills: An estate planner and a Shakespearean scholar talk about the right way—and the many wrong ways—to design your will. Speakers: Warren Racusin, Chair, Trusts & Estates Bridget Harris, Counsel, Trusts & Estates Mary...more
Estate plans are supposed to be living documents that evolve over time. Generally, you should review your plan every 5 years to stay current, or whenever you or your beneficiaries have a major life event such as marriage, the...more
If your life changes, so should your estate plan. Marriage, divorce, death of a spouse, a birth and a changing relationship with a child are just some of the life changes that may affect your estate plan. Unfortunately, as...more
The death of a loved one should be a time for a family to come together. As a trust and estate litigator, unfortunately, I often see families fall apart. Every family's situation is different, but certain issues seem to...more
“Probate” is a legal term for the Court process of transferring assets out of a deceased person’s name and to that person’s heirs and/or beneficiaries. The difference between the term “heir” and the term “beneficiary” is...more