News & Analysis as of

Marital Assets Surviving Spouse

Stark & Stark

Elective Share of Surviving Spouse

Stark & Stark on

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

Fox Rothschild LLP

More on the Intersection of Family Law, Estate Law and Federal Law

Fox Rothschild LLP on

In November of 2023, I did a post on this blog titled The Intersection of Family Law, Estate Law and Federal Law, regarding the reported Appellate Division case In the Matter of Michael D. Jones, Deceased. That case dealt...more

Fox Rothschild LLP

Managing Das Haus in a Second Marriage Estate Plan

Fox Rothschild LLP on

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

Fox Rothschild LLP

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

Fox Rothschild LLP on

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

Fox Rothschild LLP

The Black Hole is Closed – New Law Permits Equitable Distribution When Party Dies While a Divorce is Pending

Fox Rothschild LLP on

What happens when a party dies in the middle of divorce? Under the law, the divorce action abates and the matter is over. In many cases, that is to the benefit of the surviving spouse because, in most cases, they would...more

Fox Rothschild LLP

Divorce Ambivalence Can Come at a Hefty Price

Fox Rothschild LLP on

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

Winstead PC

Court Affirmed Order Denying A Family Allowance

Winstead PC on

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

Tarter Krinsky & Drogin LLP

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

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

McGuireWoods LLP

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

McGuireWoods LLP on

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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