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Probate Surviving Spouse

Stark & Stark

Elective Share of Surviving Spouse

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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

Lowndes

Start 2025 Right: Update Your Estate Plan with a Preneed Guardianship Designation

Lowndes on

It is the start of a new year which means that it is a great time to update or refresh your estate plan. In Florida, planning for the future is a crucial step to ensure that your wishes are honored, and your loved ones are...more

The Estate Lawyers

Divorce Need Not Ignite Estate Litigation, But Too Often It Does

The Estate Lawyers on

Certain life events demand that estate planners work with client testators to adjust their estate plans. Divorce and remarriage are at the top of that list. When matrimony devolves into acrimony – setting the stage for...more

Bowditch & Dewey

What Happens if I Die Without a Valid Will in Massachusetts?

Bowditch & Dewey on

As estate planning attorneys, a question that often arises with new and prospective clients is, “What happens if I die without a will?” The short answer is this: if you die without a valid will in Massachusetts, state law...more

Warner Norcross + Judd

More Marriages Being Contested In Probate Litigation

Warner Norcross + Judd on

We are increasingly seeing more disputes over the validity of marriages in probate litigation. A recurring fact pattern is that a romantic partner will attempt to orchestrate a marriage to the second partner, who is suffering...more

Downey Brand LLP

Unilateral Severance of Joint Tenancy Must Be Unequivocal and Irrevocable

Downey Brand LLP on

Can a California will sever a joint tenancy such that the decedent’s interest in real property passes per will’s terms instead of vesting in the surviving joint tenant(s)? Additionally, when a general partnership dissolves...more

Downey Brand LLP

California Court Reconciles Ownership Presumptions in Probate Disputes

Downey Brand LLP on

When Dad bought a house solely in his name, can Stepmother claim a community property interest after Dad has died? Perhaps yes. The answer lies at tricky intersections of California probate law and family law. While family...more

Holland & Hart LLP

2020 Cost of Living Adjustment of Certain Dollar Amounts Under Colorado Probate Code

Holland & Hart LLP on

The 2020 cost of living adjustments of certain dollar amounts under the Colorado Probate Code has been published by the Colorado Department of Revenue. Probate practitioners should be aware of the change in figures related to...more

Holland & Hart LLP

Ric Ocasek’s Personal Representative Is In For a Bumpy Ride

Holland & Hart LLP on

On September 15, 2019, Ric Ocasek, singer, songwriter, and guitarist of The Cars, died in his Manhattan residence. He was found that morning by his wife, Paulina Porizkova, a supermodel and celebrity in her own right, as she...more

Winstead PC

The Texas Supreme Court Holds That The Only Consideration In Probating A Will After The Four-Year Limitations Period Is Evidence...

Winstead PC on

In Ferreira v. Butler, a husband and wife divorced, and the husband married a second wife. No. 17-0901, 2019 Tex. LEXIS 375 (Tex. April 12, 2019). The second wife died, and the husband never probated her will, which left...more

Goulston & Storrs PC

Probate and Fiduciary Litigation Newsletter – February 19, 2019

Goulston & Storrs PC on

Welcome to our first newsletter of 2019! Leighton v. Hallstrom, 94 Mass. App. Ct. 439 (2018) - In Leighton, the Appeals Court vacated a final decree of the Plymouth Probate and Family Court settling an intestate estate....more

Holland & Hart LLP

2018 Cost of Living Adjustment of Certain Dollar Amounts Under Colorado Probate Code

Holland & Hart LLP on

The 2018 cost of living adjustment list of certain dollar amounts under the Colorado Probate Code has been published by the Colorado Department of Revenue. It is important for probate practitioners to be aware of these...more

Roetzel & Andress

You Get A Car! Everybody Gets A Car!

Roetzel & Andress on

Lobbying from various organizations resulted in Ohio House Bill 432, known as the “omnibus probate bill.” This bill has made some significant changes in estate law. Specifically, upon the death of a spouse, Ohio Revised Code...more

Proskauer Rose LLP

Wealth Management Update - November 2014

Proskauer Rose LLP on

November Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts - The November Section 7520 rate for use with estate planning techniques such as CRTs, CLTs,...more

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