Estate and Elder Law

Recent Posts

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

Inherited IRA Exempt under Chapter 11: Doeling v. Nessa (In re Nessa), 2010 Bankr. LEXIS 931 (B.A.P. 8th Cir. 2010)
Posted on 11 May 2010 by LexisNexis Estate and Elder Law Community Staff

Where the debtor received, pre-petition, a direct transfer of funds from her father's individual retirement account (IRA), created pursuant to 26 USCS § 408 , to the debtor's inherited IRA, such a transfer did not terminate the debtor's... Read More

Special Needs Trusts: Inheritance & Lifetime Gifting
Posted on 29 Jul 2010 by LexisNexis Estate and Elder Law Community Staff

Transfers to third-party Special Needs Trusts by way of inheritance or lifetime gifting are efficient ways to fund third-party Special Needs Trusts. This chapter of Fundamentals of Special Needs Trusts provides details of how parents, grandparents... 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

Tortious Interference with an Expected Inheritance in Florida
Posted on 5 Jan 2012 by David Goldman

Often before the death, a spouse or someone else in control of assets attempts to rearrange the assets so that it will benefit them and in doing so it can interfere with the desires of the decedent. In these situations, the prospective beneficiaries... Read More

Extreme Generation-Skipping by Timber Baron in Michigan
Posted on 23 May 2011 by Alice Magdziak

Wellington R. Burt, a timber baron from Saginaw, Michigan, was so concerned that his children and grand-children would have their lives ruined by inheriting his fortune that he, essentially, wrote them out of his will. That's some extreme generation... Read More

Another State Repeals Its Inheritance Tax
Posted on 2 Apr 2012 by Marc J. Soss

Indiana Governor Mitch Daniels officially signed legislation to repeal the states inheritance tax . The relief is retroactive to January 1 and increases amounts exempt from the levy for 2012 deaths. Currently there are still 22 states plus the District... Read More

Tort and Probate Law: Tortious Interference and Expected Inheritance
Posted on 15 Jun 2012 by David Goldman

The recent decision of a Florida appellate court has shed some light on a little discussed aspect of tort and probate law in the state of Florida. The Third District Court of Appeals ruled in the case of Saewitz v. Saewitz that to sustain a prima facie... Read More

Fundamentals of Special Needs Trusts - Inheritance & Lifetime Gifting; Redirecting Inheritance into a First-Party SNT
Posted on 19 Jul 2010 by LexisNexis Estate and Elder Law Community Staff

1-3 Fundamentals of Special Needs Trusts § 3.03 Inheritance & Lifetime Gifting Redirecting Inheritance into a First-Party SNT The SNT attorney may be faced with a situation where a decedent leaves a bequest to an individual with... Read More

Hope You Were Not Counting on an Inheritance
Posted on 25 Sep 2012 by Marc J. Soss

The increase in lifespan of members of older generation and medical expenses are depleting the amount of money that the greatest generation has to bequest to their heirs. While some future heirs are well aware that the amount of inheritance that they... Read More

Fundamentals of Special Needs Trusts - Inheritance & Lifetime Gifting; Redirecting IRAs
Posted on 19 Jul 2010 by LexisNexis Estate and Elder Law Community Staff

1-3 Fundamentals of Special Needs Trusts § 3.03 Inheritance & Lifetime Gifting Redirecting IRAs In the same way that parents or grandparents sometimes fail to recognize the importance of directing a child/grandchild's inheritance... Read More

Dont Count on an Inheritance as Half of Americans Die Broke
Posted on 4 Sep 2012 by Marc J. Soss

If you want the best retirement outcome possible, get rich. If that fails, consider getting married, staying married-and doing your best to die before your spouse does. That last is not entirely serious, but the general take-away is that being married... Read More

Negative Inheritance
Posted on 14 May 2010 by Sandra L. Smith

A column on Condé Nast's Portfolio.com addresses the concept of "negative inheritance." Economists use this term to describe the situation where any gifts or bequests that children otherwise might receive from their aging parents... 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 York Passes Paternity for Inheritance Legislation and Proposes Opt-Out Organ Donation Law
Posted on 3 May 2010 by Alice Magdziak

Last week, New York Governor David A. Paterson signed a bill which, according to his press release, "resolves a current split in decisional law in relation to the degree of proof necessary to show paternity after a purported father's death... Read More