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Claim against estate fell under CA Civ Pro 366.3’s limitations period because care in exchange for decedent’s house constituted a contract to make a will: Estate of Ziegler (Aug. 31, 2010)

A neighbor provided food, care, and companionship to the decedent. Over a year after the decedent's death, the neighbor filed a creditor's claim against the estate, based on a written agreement that, in consideration of continued care, the neighbor would receive the decedent's home upon death...

California Issue of First Impression: Marvin Agreements (a Promised Distribution between Nonmarital Partners) and the Application of Statute of Limitations/Equitable Estoppel

In a case of first impression, a California Court of Appeal was recently asked to determine: (1) whether a Marvin claim based on a decedent's promise to leave her cohabitant a life estate in real property is governed by the one-year statute of limitations of Cal Code Civ Proc § 366.3 ; and ...

Ohio Court Dismisses as Time-Barred Property Developer’s Contractual Claims against Decedent’s Estate; Finds Developer’s Reliance on Statute of Limitations Misplaced

A property developer and decedent signed a written contract in which decedent promised to compensate the developer for certain services. The contract was executed in 1995, and decedent passed away in 2004. In 2010, the developer sued the executor and the estate, alleging breach of contract and promissory...

Gift Tax and the Statute of Limitations

A U.S. Tax Court decision filed March 6 th , Dickerson v. Commissioner [ enhanced version available to lexis.com subscribers ], regarding a waitress who won $10 million in a lottery, is extremely relevant for gift tax law. The waitress tried to shift the winnings to family members without incurring a...

Properly Reporting Gifts

As 2013 approaches, there will be a flurry of activity by wealthy individuals seeking to take advantage of a gift tax exemption of $5,120,000, that will decrease to only $1 million in 2013. Taxpayers often gift closely held business interests or real estate. The gift value of this type of non-marketable...

Larson’s Spotlight on Recent Cases: Non-Dependent Spouse Precluded From Death Benefits and Barred From Bringing Death Claim

Larson's Spotlight on Non-Dependent Spouse and Death Benefits, Fraud and Surveillance Video, Tort Action Against Sole Proprietor, and Statute of Limitations for PTSD Claim. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's...

Ask Liza: Creditor’s Claims and Trust Administration

By Liza Weiman Hanks Dear Liza: I am the successor trustee of my parents trust. The have both passed and I was told before I disburse the assets I need to advertise a Notice to Creditors. How long and how many times do I need to advertise? Since I don’t know which state you live in, I can...