Estate and Elder Law

Recent Posts

The Cats Win, The Dogs Lose: Court Upholds the Validity of Pet Trust For Cats
Posted on 10 Jul 2014 by Peter K. Kelly

By Peter K. Kelly | Leonore Abels in her Will provided that her residuary pass in trust for her husband Joel Abels and, in the alternative should he predecease her, all of her property be sold, except her house, and held by the trustee to maintain... Read More

Both Attorneys and Courts are Tired of Financial Institutions’ Refusal to Accept Powers of Attorney
Posted on 12 Mar 2013 by David A. Shulman

Banks Often Refuse to Accept Powers of Attorney One of the things that's becoming more and more frustrating for trusts and estates lawyers in Florida is the refusal of banks and other financial institutions to accept properly drafted powers of... Read More

Ask Liza: Reporting Foreign Gifts
Posted on 19 May 2015 by Liza Weiman Hanks

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... Read More

Massachusetts Law Sets Forth Fiduciary Responsibilities For Guardians And Provides Limits
Posted on 23 Jul 2015 by LexisNexis Legal Newsroom Staff

By Honorable Jennifer Rivera Ulwick Unlike conservators, guardians do not handles finances, acting as conservators as they may have in the past when appointed as "guardian of the estate." Unless otherwise provided by the court, the guardian... Read More

John Dedon On Estate Planning: Is It R.I.P. For IRAs?
Posted on 5 Nov 2014 by John Dedon

In an October online article in The Wall Street Journal , the reporter described how Congress is examining large IRAs, and IRAs holding real estate and closely held business interests. Congress’ concern is that IRA income tax advantages are being... Read More

The Gatekeeper Of Intentional Interference With Expectancy Of Inheritance: An ‘In Adequate Remedy In Probate’
Posted on 8 Jul 2015 by LexisNexis Legal Newsroom Staff

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... Read More

The Digital Age of Estate Planning
Posted on 29 Jul 2015 by LexisNexis Legal Newsroom Staff

By Linda B. Hirschson and Shifra Herzberg The proliferation of technology has moved communication, banking, networking, games, photos and music to the digital arena. In this Emerging Issues Analysis, Linda B. Hirschson, a shareholder in Greenberg Traurig's... Read More

Hostility as a Basis to Deny Fiduciary Appointment
Posted on 1 Mar 2013 by John G. Farinacci

By: John G. Farinacci Estate disputes have been called "divorces of siblings." Although sibling disputes over their parent's estates are common, there are many other relationships that result in estate disputes as well. However, the point... Read More

John Dedon On Estate Planning: Planning Not Just For The ‘Very Wealthy’
Posted on 5 Nov 2014 by John Dedon

Russ Alan Prince, for Forbes, published an article on October 13, titled "The Very Wealthy Embrace Severe Disaster Contingency Planning." The article outlined how today, "the exceptionally wealthy [are] vulnerable to geopolitical instability... Read More

Ask Liza: Who Inherits When There’s No Beneficiary?
Posted on 19 May 2015 by Liza Weiman Hanks

Dear Liza: My dad named his mother as his beneficiary, but she passed away in 2004. My dad died in 2013 but didn’t change his beneficiary. I am my father’s only child and he has no wife, so who gets the money ? When a person dies and there’s... Read More

A Matter of Convenience: From Bank Accounts to Real Property
Posted on 11 Jun 2015 by John G. Farinacci

By John G. Farinacci Estate litigators see a wide variety of disputed issues since the affairs of decedents are as diverse as the types of people they were during their lives. However, we also see many of the same or similar fact patterns. One of these... Read More

Jennifer F. Hillman: Inheritance Rights of Posthumously Conceived Children in New York State
Posted on 10 Jul 2014 by Jennifer Hillman

By: Jennifer F. Hillman, Esq. Medical technology continues to advance at a rapid pace. Since the first “test tube” baby was born on July 25, 1978, the field of artificial reproduction has blossomed. According to the United Stated Department... Read More

Tangible Personal Property: What Does it Encompass?
Posted on 12 Jan 2015 by Jennifer Hillman

By Jennifer F. Hillman The phrase “tangible personal property” is a term of art frequently utilized by estate practitioners when drafting documents. However, what is, and what is not tangible personal property is not always clear. A recent... Read More

Creation, Execution And Revocation Of Massachusetts Health Care Proxies
Posted on 23 Jul 2015 by LexisNexis Legal Newsroom Staff

By John Dugan Massachusetts law provides for the execution, administration and governance of health care proxies. A health care proxy is a written instrument signed by a competent adult appointing another competent adult to make health care decisions... Read More

David Shulman on Estate Planning: Finding Your Digital Assets After Death
Posted on 11 Jul 2014 by David A. Shulman

by David Shulman I’ve written before about estate planning for your digital assets and online accounts. Well this article isn’t necessarily about planning , but what happens after you die – especially if you don’t plan (or even... Read More