News & Analysis as of August 3, 2025

Beneficiaries

+ Follow

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 -

Estate Planning Documents for Your ‘Adult’ Child

Rivkin Radler LLP on 7/1/2025

While we may know better, an 18-year-old is generally considered an adult under New York law. Many of those 18-year-olds will be heading off to college in the next couple of months. Parents’ rights to make decisions for their...more

May a Mentally Incapacitated Trustee Be Held Personally Liable for His Breaches of Trust?

Charles E. Rounds, Jr. - Suffolk University... on 4/8/2025

Assume sole trustee of an irrevocable discretionary trust for benefit of deceased settlor’s descendants living from time to time suffers a sudden unforeseen mental disability that causes trustee to imprudently administer the...more

When Hostilities Break Out Between Co-trustees, Where Does That Leave Trust Counsel?

Charles E. Rounds, Jr. - Suffolk University... on 3/11/2025

When hostilities break out between individual co-trustees, incumbent trust counsel faces a representation conundrum. In §8.8 of Loring and Rounds: A Trustee’s Handbook (2025), see appendix below, we grapple with the...more

Wendy Williams’ Conservatorship Battle: A Cautionary Tale on Estate Planning

Kohrman Jackson & Krantz LLP on 2/7/2025

Wendy Williams’ ongoing legal battle over her financial conservatorship has reignited public debate on the complexities of incapacity planning. Although she allegedly executed a power of attorney (POA) in favor of her son,...more

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

Bowditch & Dewey on 12/31/2024

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

Weathering the Storm: How to Get Your Affairs in Order

Ward and Smith, P.A. on 11/12/2024

In the aftermath of Hurricane Florence in 2018, I wrote this article to help individuals and families navigate the legal and financial issues that often follow a devastating storm. I remember the incredible outpouring of...more

Legal-Ease: What Happens to a Family Member's Bank Account After Death?

Foster Swift Collins & Smith on 7/9/2024

Dear Jonathan: My father, a widower, passed away a couple of months ago. Being his only child, he appointed me as his agent on his durable power of attorney so that I can handle his bill paying which I have been doing for the...more

Michigan’s New Uniform Power of Attorney Act Effective July 1

Warner Norcross + Judd on 5/29/2024

Michigan’s new Uniform Power of Attorney Act (UPOAA) becomes effective on July 1, 2024. This law serves several purposes, which include preventing financial exploitation of vulnerable individuals and making standard power of...more

Success is Built into Business Succession

Allen Barron, Inc. on 1/30/2024

Isn’t it interesting that success is built into business succession. Still, most US companies do not have a business succession plan in place. What is business succession planning and how does it enhance your own success and...more

Estates Under $2 Million – Do I Need an Estate Plan?

Bowditch & Dewey on 12/22/2023

With the exciting and long overdue news of the increase in the Massachusetts estate tax exemption from $1 million to $2 million for decedents dying on or after January 1, 2023, many Massachusetts residents have been left...more

[Webinar] Estate Planning Doesn't Have to be Scary - October 26th, 12:00 pm - 1:00 pm EDT

Chambliss, Bahner & Stophel, P.C. on 10/6/2023

Planning ahead for the unknown can be frightening and intimidating. However, our team is here to expel the spine-chilling misconceptions of advance directives, estate planning, and estate administration. Sally Brewer,...more

Estate Planning for Child-Free Adults

Bowditch & Dewey on 8/18/2023

DURING YOUR LIFE - When preparing your estate plan, it is of utmost importance to ensure that you have documents in place so your spouse or another trusted individual can make medical and financial decisions on your...more

Beyond Taxes: 10 Important Reasons Why Everyone Needs an Estate Plan

Bowditch & Dewey on 6/1/2023

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

Probate & Fiduciary Litigation Newsletter - December 2021

Goulston & Storrs PC on 11/22/2021

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

10 Reasons to Review Your Current Estate Plan

Bowditch & Dewey on 11/1/2021

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

Trustees of Revocable Trusts May Owe Duties to Contingent Beneficiaries

McDermott Will & Emery on 8/15/2019

Revocable trusts are a ubiquitous part of modern US estate planning because they avoid the delay, cost and publicity inherent in probate administration and, in the international context, because of the certainty they provide...more

16 Results

View per page

Page: of 1

Estate Planning › Incapacitated Persons › Beneficiaries

"My best business intelligence, in one easy email…"