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Marital Assets Wills

Fox Rothschild LLP

When a Prenuptial Agreement Says “Waiving All Rights”, It Really Does Mean Waiving All Rights

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Too often, litigants (and sometimes attorneys) treat prenuptial agreements as documents that either don’t have to be followed and/or should be attacked as a matter of course to try to get the party who entitlements are...more

Adler Pollock & Sheehan P.C.

Newly Married? Young Parents? Start Your Estate Plan Now

Estate planning is not a task that often comes to mind for those who are newlyweds or those parents who are in the midst of raising young children. Either you’re still enjoying the post-wedding excitement and promise of a new...more

Lewitt Hackman

Second Marriage Prenup: Protecting Your Assets and Loved Ones

Lewitt Hackman on

While second marriages represent a fresh start and an exciting journey, consider the potential financial and legal outcomes before you re-tie the knot. A prenuptial agreement (prenup), a contract that outlines both spouses’...more

The Estate Lawyers

Music Legend’s Family Bears the Weight of Estate Feud Centered on Financial Abuse and Incapacity Claims

The Estate Lawyers on

Robbie Robertson, famously associated with Bob Dylan, left his own mark as founder of legendary band, The Band, and through his solo work and his many movie scores. Inducted into the halls of fame in the U.S. and his native...more

Stark & Stark

The Omitted Spouse Claim Against an Estate

Stark & Stark on

Despite an intention to add a spouse or domestic partner to their Will, at times a decedent may neglect to do so prior to his/her death. Under such circumstances, however, a surviving spouse or domestic partner may be...more

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

Ward and Smith, P.A.

Securing Your Legacy: How Marital Estate Rights and Divorce Impact Your Estate Plan

Ward and Smith, P.A. on

Marital estate rights create the potential for catastrophic consequences should a spouse pass away at a time when the parties are physically separated but have not yet signed a separation agreement or been granted a divorce....more

Fleurinord Law PLLC

Golden Divorce & Estate Planning: Why Updating Your Beneficiaries is Essential

Fleurinord Law PLLC on

The term "gray divorce" is commonly used to describe later-life separations, but "golden divorce" might be a more fitting term, suggesting optimism and new beginnings. This concept reminds me of the beloved 1980s sitcom The...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

Kerr Russell

Recently Married? Consider These Steps To Protect Your Future

Kerr Russell on

In Michigan, the process for an individual to take their spouse’s last name is fairly simple, but does require taking action with both the Social Security Administration (SSA) and Michigan Secretary of State. The first...more

Fox Rothschild LLP

PA. Supreme Court Affirms that “Contractual Expectancies” Are Gifts & Non Marital Property

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Those of us from large firms sometimes read opinions where solo practitioners take a shot at an issue and force us to take notice. The facts in this Bucks County case litigated by a solo practitioner against a two lawyer firm...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

Jaburg Wilk

Do same sex couples have the same legal rights as other couples?

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Phoenix business law firm Jaburg Wilk Estate Planning attorney Beth Cohn talks about the legal rights of same sex couples who are married or are planning to be married. For more information visit www.jaburgwilk.com....more

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