News & Analysis as of

Spouses Estate Planning

Allen Barron, Inc.

Estate Planning for a Blended Famil

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What are the essential elements of estate planning for a blended family here in San Diego or across California? According to the U.S. Census Bureau, almost 1 in 5 households in the United States involves a subsequent...more

Walkers

The importance of a will in estate planning

Walkers on

Speaking about death can be difficult but planning ahead brings peace of mind and protects loved ones from unnecessary stress. Having a professionally drafted will ensures your wishes are followed and your estate is handled...more

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

Saul Ewing LLP

The Florida Homestead

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There are three aspects of the Florida Homestead law. One is the “save our homes” exemption. The save our homes exemption limits how much the value of the homestead can be increased from year to year for purposes of assessing...more

Dickinson Wright

The Hazards of Not Changing Beneficiaries Post-Divorce

Dickinson Wright on

A recent case by the Tennessee Court of Appeals highlights the importance of changing one’s insurance and retirement policy beneficiaries after divorce. This is true no matter what the divorce documents say and no matter what...more

Fox Rothschild LLP

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

Fox Rothschild LLP on

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

Jaburg Wilk

Do I Need a Prenuptial Agreement?

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Thinking about a prenup? State Bar of Arizona Board Certified Family Law Specialist Mitch Reichman explains why a prenuptial agreement is a smart move if you have assets. Find out how prenups can be customized to fit your...more

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

Liability of Trust Beneficiary Who Litigates Vexatiously or Participates in a Breach of Trust

The Restatement (Third) of Trusts, specifically §104, lists four general areas in which the beneficiary’s actions may lead to an assumption of internal liability to the trust estate: (1) A loan or advance to the beneficiary...more

Farella Braun + Martel LLP

Love Actually: Planning Considerations for Marriage, Divorce, Cohabitation, the Death of a Spouse, and More

Welcome to The Verdict: Estate Planning Through Film. Today, Farella podcast host Hons Yung is joined by Gigi Orta, a managing director at J.P. Morgan Private Bank, to discuss the movie Love Actually. Gigi and Hons...more

Lasher Holzapfel Sperry & Ebberson PLLC

What You Need to Know About Washington’s New Estate Tax Break for Family Homes

Washington state recently enacted some changes that may impact married couples and registered domestic partners. Under the new Spousal Personal Residence Exclusion, when a spouse/partner passes away on or after January 1,...more

Farella Braun + Martel LLP

Mamma Mia!: Common Estate Planning Issues for Blended Families

Welcome to The Verdict: Estate Planning Through Film. I'm Hons Yung, and today I’m joined by Farella Senior Associate Taylor Porter to discuss the movie Mamma Mia! With ABBA's blend of pop, rock, and disco setting the tone,...more

Lewitt Hackman

Second Marriage Prenup: Protecting Your Assets and Loved Ones

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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

Lesson for Couples: Act now while you are well to avoid financial calamity in the event of cognitive decline.

The Estate Lawyers on

It was a heartfelt move by a high-profile person. Renowned comedian and former talk-show host Jay Leno took significant steps to ensure the well-being of his wife, Mavis, who has dementia, should he die before her. Unable to...more

Kohrman Jackson & Krantz LLP

What Gene Hackman’s Estate Reveals About Proper Estate Planning

The recent death of legendary actor, Gene Hackman, age 95, and his wife Betsy Arakawa, age 65, has brought attention to the complexities surrounding their estate and illustrates the need for proper estate planning. At his...more

Chambliss, Bahner & Stophel, P.C.

An Elder Care Lawyer Can Help You Get Medicaid Home Care

Many seniors prefer to age in place with home care assistance. Medicaid can provide financial assistance for home care, but eligibility requirements vary by state and can be complex....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

Offit Kurman

The Dos and Don’ts of a High-Asset Divorce

Offit Kurman on

Divorce is not easy, and when substantial assets are involved, the process becomes even more complex. High-asset divorces should be approached with the goal of fairness and financial security for the family.  I’ve compiled...more

Jaburg Wilk

Five Important Considerations When Creating Estate Plans for a Blended Family

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Blending families often introduce unique dynamics. In addition to the day-to-day challenges and opportunities that blended families create, there is also careful planning to consider when creating or updating an estate plan....more

Foster Swift Collins & Smith

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

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

Levenfeld Pearlstein, LLC

Keeping Romance Alive in Premarital Planning

Each year, “proposal season” begins around Thanksgiving and ends on Valentine’s Day. Then the planning begins — the date, the venue, the guests — and, for many couples, a premarital agreement....more

Barnea Jaffa Lande & Co.

Rulings On One Sided Changes To Mutual Wills overturned

A new Supreme Court ruling overturns lower courts’ rulings and regulates the application of the “successive heirs” provision of the Succession Law, in instances when a surviving spouse who inherited property by virtue of a...more

Bowditch & Dewey

10 Reasons Why You Should Make Estate Planning Your New Year’s Resolution

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People often assume that if their estate isn’t taxable, they don’t need to have an estate plan. In 2024, a Massachusetts estate tax return must be filed if the value of the deceased person’s gross estate exceeds $2 million. A...more

Katten Muchin Rosenman LLP

2024 Year-End Estate Planning: Illinois Updates

The following is a summary of some of the key legislative and judicial updates from Illinois in 2024. Control and Protection of Trust Property - On August 9, 2024, Senate Bill 3343 (SB 3343) was signed into law, which...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

Goulston & Storrs PC

Prenuptial Agreement Held to Be Valid Waiver of Spouse’s Statutory Right of Election

Goulston & Storrs PC on

Generally, under New York EPTL 5-1.1-A, if a decedent is survived by a spouse, a right of election is given to the surviving spouse to take a share of the decedent's estate “equal to the greater of (i) fifty thousand dollars...more

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