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Estate Planning › Property Owners

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 -
Lathrop GPM

Qualified Spousal Trust: Unique Creditor Protection for Married Couples in Missouri

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Following changes to the federal estate tax law in 2010 – which eliminated the need for separate trusts for married couples to use both spouses’ federal estate tax exemptions – Missouri enacted a new law in 2011 authorizing...more

Warner Norcross + Judd

Diversification and Tax Savings with a 1031 UPREIT

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A 1031 UPREIT (Umbrella Partnership Real Estate Investment Trust) transaction allows real estate investors to exchange property on a tax-deferred basis under IRS Section 1031 while gaining diversification and liquidity by...more

Foster Swift Collins & Smith

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

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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

Offit Kurman

Safeguarding Your Israeli Apartment with Proper Estate Planning

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For many families, owning an apartment in Israel – whether as a second home or a cherished holiday retreat – is a lifelong dream. The journey from selecting the right property, navigating the purchase process, and turning a...more

Davis Wright Tremaine LLP

Nonresidents Beware: Oregon's and Washington's Fractional Formula and Apportionment Rules Apply to In-State Property

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At $13.99 million for 2025, the federal estate tax exclusion is the largest it has ever been, but it will be reduced by half in 2026, which you can read more about in this advisory....more

Patton Sullivan Brodehl LLP

Lis Pendens Upheld in Claim Against Sham Trustee Who Transferred Trust Property

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A lis pendens is a recorded document giving constructive notice that a lawsuit has been filed affecting title to or right of possession of the real property described in the notice. Any person later acquiring an interest in...more

Kohrman Jackson & Krantz LLP

Protecting Your Family’s Legacy: Estate Planning in Columbus’s Booming Economy

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Over the past decade, Central Ohio has undergone a remarkable economic transformation. Columbus and its surrounding areas have attracted major investments from tech giants like Intel, Amazon, and Google, transforming the...more

Davies Ward Phillips & Vineberg LLP

Selected US Tax Developments

Davies Ward Phillips & Vineberg LLP on

Canadians who emigrate to the United States or elsewhere face many decisions and considerations associated with departure, but careful tax planning should not be an afterthought. When an individual ceases to be resident in...more

Jaburg Wilk

Buying Property While Not Married

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If you’re in a long-term, committed relationship but are not married, buying property together in Arizona can be tricky. Without a formal marriage or legal contract, the rights to property, finances, and other assets may not...more

Gray Reed

Misspelled Name Leads to Land Title Chaos

Gray Reed on

Carson et al v. Winter Gordon, Junior is a reason you should not name your son after yourself. But if you insist, at least spell his name correctly. ...more

Haynsworth Sinkler Boyd, P.A.

New law provides for the ability to place a “Transfer on Death” designation on titled personal property

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In South Carolina, there's a new law that lets you add a "Transfer on Death" (TOD) designation to the title of personal property like cars, boats, or mobile homes. This means you can name someone to automatically receive the...more

Kilpatrick

Estate Planning for Real Estate: Vacation Home Edition

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As summer draws to a close, you may find yourself reminiscing about your vacations taken earlier this season. Those vacations may have involved traveling to your second home with your family. If you own a vacation home, now...more

Kohrman Jackson & Krantz LLP

Are You Ready for National Make-a-Will Month? Ten Essential Questions You Need to Answer

Kohrman Jackson & Krantz LLP on

August is “National Make-a-Will” Month, the perfect opportunity to seriously consider your estate plan. Many delay this crucial task due to common misconceptions about what an estate involves. Here, we delve deeper into what...more

Lippes Mathias LLP

Understanding the Role of an Estate Representative and Choosing the Right Individual for your Estate Plan

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Once you have taken the essential step in formulating your estate plan, you must name an executor of your Will. Whom should you designate for this significant role, and what is expected of them?...more

Winstead PC

Court Construed Holographic Will To Devise Certain Property To A Granddaughter

Winstead PC on

In In re Estate of Martinez, a son appealed an order finding that his mother’s holographic will devised certain property to his daughter. No. 04-22-00708-CV, 2024 Tex. App. LEXIS 1258 (Tex. App.—San Antonio February 21, 2024,...more

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

Creating a nonvoidable domestic asset protection trust (DAPT) that has multijurisdictional contacts: The state and federal...

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

Creating a domestic asset protection trust (DAPT) that both has multijurisdictional contacts and is nonvoidable in whole or in part is easier said than done. There are the state conflict-of-laws issues, a few of which I...more

Shumaker, Loop & Kendrick, LLP

The Estate Planner, March/April 2024

Shumaker, Loop & Kendrick, LLP on

Revocable trusts - Don’t forget to fund the trust throughout your lifetime - Many estate plans are built around revocable trusts (sometimes called “living trusts”). These trusts allow you to 1) avoid the time, expense...more

Allen Barron, Inc.

Why Do You Need Estate Planning?

Allen Barron, Inc. on

Why do you need estate planning no matter where you live, but especially in California? What is estate planning? Isn’t estate planning just for people with a lot of money, property and wealth? Why should someone just...more

Allen Barron, Inc.

Estate and Tax Planning for US Expatriates

Allen Barron, Inc. on

What are the most important elements of estate and tax planning for US expatriates?  Are you planning to move out of the United States?  Are you a US taxpayer who lives and works outside of the country?  What are some of the...more

Lippes Mathias LLP

Should I Create a Life Estate?

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What Is a Life Estate? Life estates are most commonly used with real estate and are created by the owner of the property. If you own your home, you are considered the life estate tenant. As the life estate tenant, you...more

Warner Norcross + Judd

Shared Ownership of Family Cottages, Part Three: Creating a Governance Agreement for a Shared Property

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In previous blog posts, we have explored whether your family wants to keep the family cottage or vacation property in the family, and the options for the form of ownership you want to use for the next generation. In this...more

McGuireWoods LLP

Once Removed Episode 10: Trustee Removal and Case Update on Leo Kahn Revocable Trust

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In this episode, Steve discusses the importance of the rule-based power to remove and replace a trustee. He explores this topic through the Leo Kahn Revocable Trust case in Massachusetts. In this case, the settlor named three...more

Mitchell, Williams, Selig, Gates & Woodyard,...

What Happens to My Arkansas Property if I Do Not Have a Will?

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Estate planning is important no matter the size of your estate. Properly planning your estate will allow you to be in control of who inherits your assets, who raises your children, and who is in charge of administering your...more

Ruder Ware

Estate Planning Considerations for Unmarried Individuals

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Estate planning is a process that must be customized to fit each individual’s unique situation.  Each individual has their own priorities and issues to address.  The priorities and issues for an unmarried individual are often...more

Shutts & Bowen LLP

When Your Estate Plan Includes Real Property

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Bank accounts, life insurance, investments, furniture, jewelry, art and collectibles are among the many assets to consider when planning your estate. However, your home and other real estate may be among the most valuable and...more

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