Estate Planning

Blog Posts

  • Article on a Carryover Tax Basis Regime March 29, 2017 Richard Schmalbeck, Jay A. Soled & Kathleen DeLaney Thomas recently published an Article entitled, Advocating a Carryover Tax Basis Regime, Notre Dame L. Rev. (Forthcoming 2017). Provided below is an abstract of the Article: For close to a…
  • New Zealand Arbitration Amendment Bill March 29, 2017 The purpose of this Bill is to amend the Arbitration Act 1996 (the Act) to ensure arbitration clauses in trust deeds are given effect to extend the presumption of confidentiality in arbitration to a rebuttable presumption of confidentiality in…
  • President James K. Polk's Body to Be Moved a Fourth Time March 29, 2017 Representing one of the more tangled dramas of an American presidential corpse, the 11th President of the United States, James K. Polk, now faces the prospect of being disinterred and buried at a fourth place since his death in 1849....
  • Think of it as "Lifetime Planning," not Estate Planning March 29, 2017 "Estate planning, when properly done, could more appropriately be called lifetime planning."
  • The Musts for Your Estate Plan March 29, 2017 Throughout the years, you spend time accumulating bank and brokerage accounts, real estate, retirement accounts, annuities, and other assets, so it is not uncommon to forget to update important information, like who are the beneficiaries and how your…
  • What is the Latest on the Ray Price Estate? March 29, 2017 Price may have passed peacefully, but his estate has not. It has been more than three years since the passing of Ray Price. Despite losing a battle to pancreatic cancer at 87, Price said he was at peace. According to a report in Texas Lawyer titled…
  • Teaching Computers Not to Forget Could Cut the Costs of Litigation March 29, 2017 We trust our computers to handle our to-do lists and calendars because they never forget, right? While computers are good at remembering what we tell them (and a big thank you to Google for remembering my kids' birthdays), one of the current…
  • Can the California Franchise Tax Board Levy My Bank Account? March 29, 2017 The California Franchise Tax Board (FTB) has the authority to collect your delinquent tax balance via a bank levy under California Revenue and Taxation Code Sections 18817 and 18670. The FTB has the authority to take 100 percent of the balance owed…
  • Finding the Right Estate Planning Attorney March 29, 2017 "Losing a parent or grandparent can put into perspective the need for careful planning to avoid surprises, protect young children and spouses and properly execute the decedent's wishes."
  • Tips for Drafting an Understandable Trust March 29, 2017 The purpose of a trust document is to convey information to its intended audience. But that audience is typically a very disparate group in terms of its education in general and its knowledge of trusts and taxes in particular. How can you write a…
  • Elderly couple donate life's work - $10 million worth of insects - to university March 29, 2017 This story from CBC is a great example of how planning to donate an unusual object will ensure that the object goes to someone who will understand it and value it. In this case, the unusual object is a collection of more than 1.25 million insects…
  • Federal Judge Rules Florida Must Add Same-Sex Spouses to Death Certificates March 29, 2017 Birchfield v. Armstrong, No. 4:15-cv-00615-RH-CAS, —- WL —– (N.D. Fla. March 23, 2017) Hal Birchfield and James Merrick SmithFlorida's same-sex widows and widowers whose spouses died before the U.S. Supreme Court declared in Obergefell…
  • 3.8% Surtax Here to Stay…for Now March 29, 2017 On March 23, 2010, President Obama signed the Patient Protection and Affordable Care Act, also known as Obamacare. In addition to health care exchanges and a personal mandate to have health insurance, one of the most visible features of Obamacare is…
  • Pennsylvania ABLE Accounts to Open for Enrollment March 29, 2017 The Pennsylvania Department of Treasury has announced that the PA ABLE Savings Program will open on April 3, 2017. On that date the Department will officially begin accepting applications for enrollment. In December 2014, the Federal government…
  • Does a Trust Belong in Your Estate Plan? March 29, 2017 The most basic facets of estate planning often include a will and a trust. Both can be helpful for different reasons, but if you're not familiar with how a trust fits into your general estate plan, consider talking with your estate planning lawyer in…
  • The Cost of Estate Planning March 29, 2017 Why does estate planning cost so much? Let me answer a question with a question. Does it? Estate planning is an investment in you and your family. Estate planning is not about you, it is about them. Planning is an investment in love designed to…
  • Can a Drunk Clearly Consent? March 28, 2017 By now many are familiar with the story reported in the National Post on March 2, 2017 by Ashley Csanady and the subsequent public outrage and calls for appeal in the Nova Scotia acquittal of a case of alleged sexual assault of a young woman…
  • Can I Protect My Estate From (and For) My Child with Addictions? March 28, 2017 Being a good parent to a struggling child involves careful estate planning. Very careful planning. Do you have a child who is making detrimental decisions? Is he or she squandering money and time on addictions? You still love your child, but you are…
  • Article on Wills, Trusts, Guardianships, and Fiduciary Administration March 28, 2017 Mary F. Radford recently published an Article entitled, Wills, Trusts, Guardianships, and Fiduciary Administration, 68 Mercer L. Rev. 321 (2016). Provided below is an abstract of the Article: This Article describes selected cases and significant…
  • Article on Social Welfare Theory of Inheritance Regulation March 28, 2017 Mark Glover recently published an Article entitled, A Social Welfare Theory of Inheritance Regulation, 2018 Utah L. Rev. (Forthcoming). Provided below is an abstract of the Article: The law of succession grants donors broad freedom to decide how to…