A will that identified
the sole vested beneficiary as "Ryan Living Trust" made the following
provision for the distribution of property:
give all of my property of whatever nature and kind and wherever located to my
A common plan among our married clients is to leave their property to their spouse, either outright or in trust - oft-referred to as the "I Love You" Will.
Sometimes, love is lost and the couple divorces. We recommend our clients update their...
Dear Liza: Does a person receiving a gift from a sibling in another country have to pay gift tax on that gift in the United States? In the United States, gifts are not considered ordinary income, so you don’t have to report them or pay income tax...
this Analysis, Andrew L. Martin, Chief Court Attorney of the Nassau County
Surrogate's Court, guides you through some of the more common problems an
attorney will encounter in New York Surrogate's Court practice to make your
next visit to the...
Every now and then, blogging will get someone in "trouble." See e.g. Rakofsky v. Internet , in which one Joseph Rakofsky sued a whole bunch of bloggers and other media over their posts criticizing among other things, his competency and ethics...
I get a bunch of e-mails from people who want to know where to start
with Mississippi probate. Many of them have not considered whether
probate is really required.
As I've mentioned in my discussion of how to determine whether Mississippi probate...
In some states if real estate is owned by two people it may pass to the survivor even if they are not husband and wife. However in Florida it depends on whether or not they are husband and wife. If a property is owned by two people who are husband and...
Maybe it's the season, but I have gotten a lot of calls recently about will contests. A will contest usually happens when your heirs are surprised by what your will says, or by what you have left when you go to the great beyond. I have represented...
The Supreme Court's Appellate Division recently upheld New York County Surrogate Nora Anderson's decision in the probate proceeding of Rosalin E. Melnick 942 N.Y.S.2D 45 (A.D. 1Dept 2012) [ enhanced version available to lexis.com subscribers ...
Theodore D. Pendergrass, was a paraplegic. His wife, Joan Pendergrass held his
power of attorney. After the decedent's death, Mrs. Pendergrass applied for and
received letters testamentary pursuant to a will dated March 25, 2009 and...
One of our first articles outlined the ways that our clients in Massachusetts and on Cape can avoid probate. In fact, avoiding probate is one of the most frequent goals we hear when first meeting with clients. But the information gap we encounter most...
By Shirley L. Kovar |
In this Emerging Issues Analysis, Shirley L. Kovar, a partner in the Estate & Trust Litigation Practice and International Private Client groups at Henderson, Caverly, Pum & Charney, LLP in San Diego, identifies some of...
Dear Liza, my parents do not have a living trust in place. I need to help them set one up. My father and mother are 91 and 83 respectively. My father has a form of dementia that prevents him from making decision about his property. My Mother is fully...
California Wills and Trusts Drafting System
powered by HotDocs®, this easy-to-use software will help you create
customized wills, trusts and many other estate-related documents from
scratch. Based on the enormously popular...
Probate is a
state court supervised procedure to authenticate a Will and to pass ownership
of a deceased person's assets to the beneficiaries under that Will. If a person
elects to have a probate by signing a Will (rather than signing and