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Estate Planning › Executors › Beneficiaries

Estate Planning is a process where individuals prepare or plan for the settlement of their personal affairs in the event of incapacitation or death. Estate plans typically include provisions relating to the... more +
Estate Planning is a process where individuals prepare or plan for the settlement of their personal affairs in the event of incapacitation or death. Estate plans typically include provisions relating to the disposition of assets, guardianship of minor children, and appointment of representatives to make medical and financial decisions. Effective estate planning can decrease tax liability and facilitate the probate process.  less -
Jaburg Wilk

August is National Make-A-Will Month

Jaburg Wilk on

Every August, National Make-A-Will Month serves as a reminder of something most people would like to avoid. Planning for the end of life. Creating a will isn’t about dwelling on death. It is about taking control, protecting...more

Warner Norcross + Judd

Navigating a Loved One’s Digital Life After They Pass

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We all expect to feel grief and sadness after the loss of a loved one. What many people don’t anticipate is the sudden burden of administrative tasks that follow death, from bills to be paid and accounts to be closed. In the...more

Stark & Stark

When Executors Go Too Far: What to Do About Fiduciary Misconduct in Pennsylvania Estates

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Executors play a crucial role in managing and distributing an estate according to the wishes outlined in a will. But what happens when an executor steps outside their duties or abuses their power?...more

Walkers

Your comprehensive guide to appointing an executor

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What you need to know before appointing an executor under your Will - Appointing the right executor is one of the most important decisions when preparing a Will. Executors play a central role in the administration of an...more

Flaster Greenberg PC

August Is National Make-A-Will Month: Here’s Why It Matters

Flaster Greenberg PC on

August is National Make-A-Will Month, a timely reminder for individuals and families to prioritize one of the most important — and often overlooked — aspects of long-term planning: creating a Last Will and Testament. While...more

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

Stark & Stark

Three Common Estate Planning Mistakes - and How to Avoid Them

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​​​​​​​Estate planning is a vital step in protecting your legacy and ensuring your loved ones are protected. Yet, many individuals unintentionally make mistakes that can lead to confusion, delays, and unnecessary expenses....more

Mandelbaum Barrett PC

Caveats in Probate: How to Challenge a Will in New Jersey

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After the loss of a loved one, families often face difficult questions—especially when the terms of a will are unexpected or the person named as executor is unfit. In these situations, it’s important to know that you do have...more

Winstead PC

Court Reversed Summary Judgment And Held That There Was A Fact Question On Whether A Trust Was Void Due To Forgery Or Fraud

Winstead PC on

In In re Est. of Prieto, the contestant’s mother executed a will in 2008 leaving her property to a trust. No. 04-22-00038-CV, 2024 Tex. App. LEXIS 6336 (Tex. App.—San Antonio August 28, 2024, no pet.)....more

Mandelbaum Barrett PC

Heirs, Assets, and Arguments: Why Elder Law Attorneys Are Key in Probate Litigation

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Probate is the legal process through which a deceased person’s assets are distributed to heirs or beneficiaries and debts are settled. While many estates pass through probate smoothly, disputes can and do arise—sometimes...more

Allen Barron, Inc.

A Trustee or Executor has Substantial Financial and Legal Liability

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Have you been asked to be a trustee or executor? A trustee or executor has substantial financial and legal liability, and the trust or estate will pay an attorney to guide them through the process....more

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

Stark & Stark

Addressing Issues with an Accounting by an Executor of an Estate

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Prior to the distribution of an estate by an executor to its beneficiaries, an executor must prepare an accounting which outlines the assets of an estate, its liabilities, and the expenses paid by an estate prior to actual...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

Chambliss, Bahner & Stophel, P.C.

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

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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

Shumaker, Loop & Kendrick, LLP

The Estate Planner, January/February 2025

Shumaker, Loop & Kendrick, LLP on

Managing your residuary estate - Even with a comprehensive estate plan, it’s likely you’ll have some assets in a residuary estate. Like the sediment at the bottom of your glass after you finish a fine wine, an estate plan...more

Stark & Stark

The Refunding Bond and Release

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What is a Refunding Bond and Release? If you are beneficiary of an Estate, at some point you will be asked to sign a Refunding Bond and Release prior to receiving your bequest from an Estate. The logical question that...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

Stark & Stark

The Executors’ Duty to Timely Administer an Estate - When Do I Get My Distribution?

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As a beneficiary of an estate, you may be expecting to receive your inheritance in a timely fashion. Unfortunately, the process to properly administer an estate prior to distributions being made by an executor might take a...more

Allen Barron, Inc.

The Immediate Importance of Estate Planning

Allen Barron, Inc. on

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

Offit Kurman

Leaving the United States? Take your Assets with You

Offit Kurman on

Welcome to "Lost in Translation: Blunders in International Estate Planning." This blog series explores the rarified world of international estate planning, uncovering potential pitfalls and providing insights to navigate the...more

Lippes Mathias LLP

Maintaining Your Legacy: The Importance of Regularly Reviewing Your Estate Plan

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One of the most common questions raised by clients is: how often should I update my Will? The answer to this question must be examined on a case-by-case basis and is heavily dependent on each client’s ever-changing present...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

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