Year: 2014
If you are about to send a child off to college or to a gap-year program, you’re probably busy with last-minute shopping, packing and worrying about roommates. Here’s one more thing you should do as you prepare for the big separation: Ask this young adult to sign a durable power of attorney and a health […]
The trial court held that the trustee of a perpetual charitable trust had breached the duty of prudence by investing the fund solely in bonds and awarded damages based on what the portfolio would have been worth had the trustee followed specific investment advice it had sought but ignored. What happens when trustees make poor […]
Don’t be a victim. Protect yourself by being on the lookout for estate planning scam artists. Scam alert! How do you know if your estate plan is legit? Estate planning scams are all too common in the United States. In fact, they seem to be on the rise. They normally involve non-attorneys who have a […]
Estate planning with one family is hard enough. For families with a mix of biological children and stepchildren, first spouses and second spouses, making out an equitable will can seem impossible. When The Brady Bunch first aired, part of its appeal was the novelty of two families blending together. However, today that is normal for many American […]
Nelson Mandela’s ex-wife Winnie Madikizela-Mandela has launched a legal challenge against the former South African leader’s will insisting she is entitled to the rural estate where he is buried. Can an ex-spouse get their hands on one’s estate after they have passed? It all depends on where they reside and the planning in place. Nelson […]
When the team’s owner died in March, crucial details of his wishes weren’t in a will, but in a trust agreement, which is not public information. Ever since Buffalo Bills founder Ralph Wilson, Jr. passed away, Bills fans have been unsure of their team’s future. Will the team stay in Buffalo? Unfortunately, Wilson never made […]
In a recent case out of Washington State, the Court of Appeals held that the state’s anti-lapse statute applies to constructive death of beneficiary. A recent Wills, Trusts & Estates Prof Blog, titled “New Case: In re Estate of Evans,” reported on the Washington State Court of Appeals decision regarding the case of In re […]
Some attorneys and judges believe that as the Baby Boom generation ages there will be an increase in the number of probate challenges to wills. A recent case in South Carolina is an extreme example of this. When Charles Deal, Sr., passed away his only surviving family members were a stepdaughter and a middle-aged, disabled […]
If you own a family business, take a lesson from this potential crisis brewing now in Taiwan. In Taiwan it is normal for even extremely large multinational businesses to follow the traditional Chinese model: one person founds the business and continues to run the day to day operations. When the founder passes away, the business […]
Normally you cannot inherit someone else’s debt. However, there are key exceptions, as this California couple’s story shows. A recent article in the Christian Post, titled “Grieving Pastor Parents Inherit Deceased Daughter’s $200,000 School Loan Debt; Salaries Can’t Even Cover Minimum Payments,” tells the story of the Mason family of Redlands, California. Steve and Danielle […]
