Estate and Elder Law

Recent Posts

David Shulman on Estate Planning: Facebook Allows Users to Designate a ‘Legacy Contact’ to Manage Their Account After Death
Posted on 3 Mar 2015 by David A. Shulman

Finally. For those who have been following, the issue of “digital assets” is a fast developing problem in the estate planning world. Putting aside for a moment who has the right to “inherit” your assets, the bigger problem with... 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

Attorney Charged with Ethics Complaint over Probate Blog
Posted on 6 Feb 2013 by David A. Shulman

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... Read More

David Shulman On Estate Planning: Google Updates Page Regarding Deceased User’s Account
Posted on 4 Aug 2015 by David A. Shulman

By David Shulman It looks like Google recently updated the support page in which a person can request information regarding a deceased user’s account. Now the options are: Close the Account of a deceased user Submit a request for funds... Read More

David Shulman: Who Gets Paid If an Alleged Incapacitated Person Dies Before the Hearing? Nobody?
Posted on 14 Feb 2014 by David A. Shulman

By David Shulman I’m sure there are some independently wealthy attorneys out there who take all of their cases pro bono . Most of us though are hard-working schlubs like everyone else who while we love what we do, need to pay the bills too. When... Read More

David Shulman: Gizmodo Gets Everything About the Fiduciary Access to Digital Assets Act Wrong
Posted on 25 Aug 2014 by David A. Shulman

By David Shulman As I’ve written recently , the Uniform Law Commission approved the Uniform Fidicuary Access to Digital Assets Act. The act can be found on the Committee’s website , along with supplemental material, such as prior drafts... Read More

Columnist in one of New York's Poorest Counties Sees the Estate Tax as a "Major Issue"
Posted on 27 Mar 2012 by David A. Shulman

Hi Y'all. I'm back. Sorry for the big break in posting. I'll try to do better. In this election year, I haven't heard that much talk about the estate tax - or as the Republicans like to call it, the "Death Tax." As I've... Read More

David Shulman: ULC’s Revised Uniform Fiduciary Access to Digital Assets Act Supported by Tech Industry
Posted on 19 Oct 2015 by David A. Shulman

By David Shulman The Uniform Law Commission is a non-profit organization that drafts “model” or “uniform” laws that can be adopted by state legislatures. Individual legislatures can then adopt the act as is, or can tweak it... Read More

An Introduction to the Problems of Estate Planning for Digital Assets
Posted on 25 Feb 2013 by David A. Shulman

Have you ever wondered what happens to your digital assets when you die? By digital assets I mean your email, Facebook, Twitter and other accounts. What about your iTunes music purchases? You Amazon Kindle books? Are you allowed to transfer your music... 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

Tax Court Digs the Knife in Deeper in Bad Family Limited Partnership Case
Posted on 17 Apr 2012 by David A. Shulman

Today [March 30th] we learn from a supplemental opinion to Turner v. Commissioner, TC Memo 2011-209 Aug 30, 2011 (Estate of Turner I ), that a marital deduction is not available when § 2036 is deemed to pull assets back into the estate, but the assets... Read More