News & Analysis as of

Spouses Surviving Spouse Beneficiaries

Lasher Holzapfel Sperry & Ebberson PLLC

Estate Planning Lessons Learned from Jimmy Buffet’s Estate

Jimmy Buffett passed away last year with an estate plan that detailed his wishes as to the disposition of his assets upon his passing. All of Jimmy’s assets passed into trust for the benefit of his surviving spouse, Jane,...more

Allen Barron, Inc.

Estate Planning for a Blended Famil

Allen Barron, Inc. on

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

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

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

Allen Barron, Inc.

What is Known as the IRS Survivor’s Penalty?

Allen Barron, Inc. on

What is known as the IRS survivor’s penalty, and is there anything that can be done to provide for a surviving spouse as we age? The “survivor’s penalty” is the likelihood that a surviving spouse will face higher federal and...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

Shumaker, Loop & Kendrick, LLP

The Estate Planner, September/October 2022

Estate planning for the happily married - Hedge your bets with a SLAT One of the biggest challenges of estate planning is dealing with uncertainty. For 2022, for example, the federal gift and estate tax exemption is $12.06...more

Winstead PC

Court Holds That Trust Owned Mineral Interests And Not The Settlor’s Wife

Winstead PC on

In Moore v. Estate of Moore, a decedent’s wife claimed that she had an interest in an oil and gas lease formerly owned by her deceased husband. No. 07-20-00019-CV, 2021 Tex. App. LEXIS 6142 (Tex. App.—Amarillo July 30, 2021,...more

Chambliss, Bahner & Stophel, P.C.

Window Closing for Couples to Use 'Claim Now, Claim More Later' Social Security Strategy

Spouses who are turning full retirement age this year are the last group who can choose whether to take spousal benefits or to take benefits on their own record. The strategy, used by some couples to maximize their benefits,...more

Jackson Walker

Supreme Court Approves Same-Sex Marriage: Tax and Legal Implications for Same-Sex Spouses

Jackson Walker on

On June 26, 2015, the Supreme Court handed down its decision in the landmark case of Obergefell v. Hodges. The Court held that the Fourteenth Amendment to the United States Constitution requires all states to license a...more

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