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Texas property owners now have a new tool to avoid probate. Effective September 1, 2015, Texas Estate Code Section 114.151 allows for Transfer on Death Deeds, [subscribers can access an enhanced version of this legislation: lexis.com | Lexis Advance ...

A snapshot of noteworthy cases from the past year related to lending practices, property rights and construction in North Carolina By Gib Laite , Partner, and Andi Matt , Associate, Williams Mullen Money Lending: Comprehensive waiver language...

Labeling an estate’s constitutional challenge to the state’s exclusive remedy defense as forum shopping, the Supreme Court of Arkansas entered an order prohibiting a state circuit court from continuing to exercise jurisdiction in a civil action...

An estate is not a “person” entitled to pursue a claim under ORS 656.218(3), held a divided Court of Appeals of Oregon. Accordingly, where the state’s Workers’ Compensation Board upheld an insurer’s denial of a claim and...

The case involves a fight between a worker's father and the worker's spouse over nearly $100,000. Ard, dec. v Jim Plunkett Inc. 2015 MO WCLR Lexis 101 (lexis.com), 2015 MO WCLR Lexis 101 (Lexis Advance) (Oct 22, 2015). The worker broke multiple...

Where a widow sought workers’ compensation death benefits on behalf of herself and her son—the step-son of the deceased worker—and the widow died while the claim was still pending, the trial court erred when it granted the employer’s...

Reversing the state’s Court of Appeals, the Supreme Court of Oregon held an estate was authorized to pursue a request for hearing seeking an award of PPD benefits that claimant filed before his death, in spite of the fact that the cause of his death...

Under the provisions of by Ala. Code § 25-5-56, the trial court must approve any agreement compromising an injured worker’s benefits in order to be enforceable. Under that rule, an Alabama appellate court affirmed a finding that a settlement...

By Peter K. Kelly Of Counsel, Ruskin Moscou Faltischek Often shortly after a decedent’s death, family members need to search the decedent’s safe deposit box for the original Will, a deed to a burial plot, a policy of life insurance or...

The heirs of author, William Styron, are proceeding with plans to release e-books of Styron titles despite Random House's earlier claim to the right to publish electronic versions of books. Random House is backing away from its earlier statement...

By John G. Farinacci, Esq. In New York Surrogate’s Court litigation, there are many unique discovery devices that would be foreign to an attorney that litigates primarily in State Supreme Court. An SCPA 2103 discovery proceeding is one example...

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...

By John Dedon In the estate tax world, 2013 ended in stark contrast to the frantic planning during 2012. 2013 marked a return to fundamental estate planning; namely, using Wills, Revocable Trusts, Powers of Attorney and Medical Directives, to protect...

By: Jennifer F. Hillman, Esq. When the nominated executor under a will is also the attorney-draftsman (or an employee of that attorney) additional disclosures are necessary to assure that the nominated executor will receive their full statutory commissions...

By Jennifer F. Hillman, Esq. | Finding the current whereabouts of long-lost beneficiaries or distributes may be one of the more difficult aspects of an estate proceeding. Aside from the jurisdictional requirements, what happens when a beneficiary or...