News & Analysis as of August 4, 2025

Marital Assets

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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 -

Elective Share of Surviving Spouse

Stark & Stark on 2/25/2025

In many instances, spouses execute what is referred to as reciprocal wills. What this means is that each spouse designates the other as the entire beneficiary or the primary beneficiary of their estate under their wills....more

Managing Das Haus in a Second Marriage Estate Plan

Fox Rothschild LLP on 6/6/2024

So, you have remarried. Perhaps it has been 30 months; maybe 30 years. When you got together the guy/girl moved into your crib. It’s always been titled in your name and it’s the house you got in your divorce from No. 1. Now...more

Appellate Division Holds that Newly Enacted Statute to Close the Black Hole Applies Retroactively

Fox Rothschild LLP on 1/19/2024

Last week, I blogged about the new statute that closed the block hole that existed when a party who held most or all of the assets died during while a divorce was pending. Specifically, the new statute permits the court to...more

Divorce Ambivalence Can Come at a Hefty Price

Fox Rothschild LLP on 10/16/2023

When I first read the precedential ruling of the Pennsylvania Superior Court in Shell v. Shell, I really didn’t find it noteworthy enough to write about. This is a case where a spouse discovered that her husband was moving...more

Court Affirmed Order Denying A Family Allowance

Winstead PC on 6/14/2022

In In re Estate of Wetzel, a widow and independent administrator of her husband’s estate appealed a trial court’s order denying her requested family allowance. No. 05-20-01104-CV, 2022 Tex. App. LEXIS 2618 (Tex. App.—Dallas...more

Law Brief: Alexis Gruttadauria and Rich Schoenstein Discuss Why You Need an Estate Plan

Tarter Krinsky & Drogin LLP on 9/30/2020

Trusts and Estates Attorney Alexis Gruttadauria joins host and Litigation Partner Rich Schoenstein to discuss “Why You Need an Estate Plan” on the latest episode of Law Brief. Lexi and Rich delve into the legal disposition of...more

U.S. Supreme Court Holds Same-Sex Marriage To Be a Fundamental Right

McGuireWoods LLP on 7/9/2015

The United States Supreme Court issued its opinion in Obergefell v. Hodges, 576 U.S. ___ (2015) on June 26, 2015. In a 5-4 decision, the Supreme Court held that the Fourteenth Amendment requires a State to license a marriage...more

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