Estate and Elder Law

Recent Posts

When Irrevocable Trust Beneficiaries Fall Out of Favor
Posted on 16 Aug 2010 by Andrew Katzenstein and Stephanie Zaffos

Sometimes estate plans need to be modified because relationships change. A testator's desires may change and affect the designation of beneficiaries in an irrevocable trust. Where trusts have "bad" beneficiaries or undesirable terms,... Read More

In re Estate of Riley: Protecting Beneficiaries' Rights in a Probate Estate
Posted on 23 Jul 2012 by LexisNexis Estate and Elder Law Community Staff

By Hadar L. Avraham* and Raphael J. Avraham** * J.D., University of Arizona James E. Rogers College of Law, 2008. ** J.D. Candidate, University of Arizona James E. Rogers College of Law, 2013; M.B.A. Candidate, University of Arizona Eller College... Read More

What does it mean to be "family" with 21st century science?
Posted on 15 Jun 2012 by Deirdre R. Wheatley-Liss

In law school we learned about the "fertile octogenarian" - a theoretical construct about what would happen to a property distribution scheme in an estate plan if you had some wacky birth order situation (ie: my great-uncle is 60 years younger... Read More

Insurance in an Irrevocable Trust for a Spouse in a Community Property State
Posted on 9 Sep 2010 by Randy Spiro

Life Insurance is subject to estate tax if the insured owns it. One way to avoid estate taxes is for an irrevocable trust for the benefit of the children of the insured to be the applicant, owner and beneficiary of the insurance policy. But, under... Read More

New Trust Case—Remainder Beneficiary of Revocable Trust Lacks Standing to Bring Action against Trustee—Estate of Giraldin
Posted on 4 Oct 2011 by Dave Tate

By David W. Tate New trust case-remainder beneficiary of revocable trust lacks standing to bring action against trustee-Estate of Giraldin Dave Tate, Esq. (San Francisco) Website Intro Video In Estate of Giraldin (California Court of Appeal... Read More

What Happens to Your Will when Another Beneficiary is Born?
Posted on 27 Dec 2010 by Deirdre R. Wheatley-Liss

You Will usually says "I leave my estate to my children" or maybe "to my grandchildren" or "to my children, and if a child isn't living, then to their children". You will notice that no names are being used. Guest blogger... Read More

U.S. Supreme Court cites Florida inheritance law in unusual case
Posted on 15 Jun 2012 by karplaw

The U.S. Supreme Court recently handed down its decision in the case of Astrue v. Capato. The circumstances of the case are ones most of us will never experience. Nonetheless, the case has lessons for everyone. It underscores the importance of creating... Read More

Excess Estate Expenses can be Windfall to Beneficiary
Posted on 13 Jul 2011 by Deirdre R. Wheatley-Liss

Who would have thought it, but the 1041 income tax return for an estate could make the beneficiaries money. Many times an estate may have deductions in excess of its income. An estate's income would include any items of income earned by the estate... Read More

What does it mean to be "family" with 21st century science?
Posted on 15 Jun 2012 by Deirdre R. Wheatley-Liss

In law school we learned about the "fertile octogenarian" - a theoretical construct about what would happen to a property distribution scheme in an estate plan if you had some wacky birth order situation (ie: my great-uncle is 60 years younger... Read More

New Trust Case—Remainder Beneficiary of Revocable Trust Lacks Standing to Bring Action against Trustee—Estate of Giraldin
Posted on 4 Oct 2011 by Dave Tate

By David W. Tate New trust case-remainder beneficiary of revocable trust lacks standing to bring action against trustee-Estate of Giraldin Dave Tate, Esq. (San Francisco) Website Intro Video In Estate of Giraldin (California Court of Appeal... Read More

2010 - The Year of Carryover Basis
Posted on 8 Mar 2010 by Letha Sgritta McDowell

The last issue of the Oast & Hook News addressed the estate tax laws that are effective for 2010. This issue of the Oast and Hook News will explore the issue of carryover basis. In previous years, the beneficiaries of estates received a great... Read More

Disinheriting a Trust Beneficiary on Religious Grounds; Feinberg vs. Feinberg (In re Estate of Feinberg), 2009 Ill. LEXIS 1299 (Ill. Sept. 24, 2009)
Posted on 12 Oct 2009 by LexisNexis Estate and Elder Law Community Staff

Summary : In a case likely to stir controversy, the Illinois Supreme Court recently handed down a decision upholding a testamentary trust that disinherited a beneficiary simply because she had married outside the testator’s religion. The case, In... Read More

Public Records Databases for the Estates Lawyer from LexisNexis: When to use them. Where to find them. What it costs to access them.
Posted on 18 Mar 2010 by LexisNexis Estate and Elder Law Center Staff

Raymond Camiscioli, Esq., LexisNexis Director of Content Development, has created a helpful PowerPoint presentation setting forth the steps for using public records databases on lexis.com to assist in the location of missing persons. The databases are... Read More

In re Estate of Riley: Protecting Beneficiaries' Rights in a Probate Estate
Posted on 23 Jul 2012 by LexisNexis Estate and Elder Law Community Staff

By Hadar L. Avraham* and Raphael J. Avraham** * J.D., University of Arizona James E. Rogers College of Law, 2008. ** J.D. Candidate, University of Arizona James E. Rogers College of Law, 2013; M.B.A. Candidate, University of Arizona Eller College of... Read More

When Irrevocable Trust Beneficiaries Fall Out of Favor
Posted on 16 Aug 2010 by Andrew Katzenstein and Stephanie Zaffos

Sometimes estate plans need to be modified because relationships change. A testator's desires may change and affect the designation of beneficiaries in an irrevocable trust. Where trusts have "bad" beneficiaries or undesirable terms, one... Read More