Probate & Estate Planning

January 21, 2020

A primary purpose of estate planning is to determine what a child will inherit (if anything) upon a parent’s death. But what about a gift given during the parent’s life? Is it an advance on the child’s inheritance, like putting it on the child’s tab until the trust is cashed out? Or is the gift in addition to anything the child will get upon the parent’s death? The answer in California depends on the parent’s…

Florida Probate & Trust Litigation Blog

Can “excusable neglect” get you an extension to file a late homestead election?

By Juan C. Antúnez

January 20, 2020

Samad v. Pla, — So.3d —-, 2019 WL 1212338 (Fla. 2d DCA March 15, 2019) One of the basic building blocks of Florida probate law is the mandatory life estate in homestead property all surviving spouses are entitled to under F.S. 732.401(1). Life estates are supposed to protect surviving spouses by guaranteeing them the “rent free” use of their homes for life. As explained in a provocative 2007 Florida Bar Journal article entitled…

Private Client

Trust made under Will works well for bequeathing assets to a minor

By Rishabh Shroff & Varsha Reddy

January 15, 2020

The Private Client team at Cyril Amarchand Mangaldas is delighted to share, via our Private Client blog, our comments and opinions shared in various leading media publications globally. We hope these inputs help our clients and readers gain a practical perspective into key legal, financial, commercial and other aspects that need to be duly considered in Estate Planning. The following Q&A was published by the Mint Newspaper on 14 Jan 2020 and the online edition…

Trust on Trial

Marvin Claims Between Unmarried Partners Will Abound in Post-Marriage California – A Conversation with Jeffrey Makoff

January 13, 2020

On November 20, 2019, California attorney Jeffrey T. Makoff presented to the Sacramento Estate Planning Council on the topic: “Welcome to the Post-Marriage World: How to Plan for a Generation That Says ‘I Don’t.’” Jeff started with evidence that marriage rates have declined sharply from the Silent Generation (those born from the mid-1920s to the mid-1940s) to the Millennials (those born from about 1981 to 1996). California’s elaborate Family Code establishes property rights between married…

Trusts & Estates Law Blog

When Do You NOT have the Right to Remain Silent? Conservatorship Proceedings and Equal Protection Clause Claims

By Allison M. Pedrazzi

January 10, 2020

Thanks to Law and Order, we’re all familiar with the beginning of a person’s Miranda Warning: “You have the right to remain silent. Anything you say can and will be used against you in a court of law.” What many may not know, however, is that this is a right only afforded to those involved in criminal proceedings. In civil cases, there is no constitutional right to refuse to testify. Historically, this has been intended…

New York Probate Lawyer Blog

Did You Know That The Surrogate’s Court May Remove an Executor for Improper Acts?

By Jules M. Haas

January 8, 2020

The Surrogate’s Courts in New York appoint estate Executors and Administrators and Trustees. These appointments make the appointee a fiduciary. As a fiduciary, the person has many obligations and duties. Any failure on the part of an appointee may result in a breach of fiduciary duty. In general, a fiduciary has an obligation to collect and to protect assets, pay various expenses and other obligations such as taxes, and to provide payments to or on…

New York Trusts & Estates Litigation

Waiving a Decedent’s Attorney-Client Privilege

By Eric Penzer

January 8, 2020

“The attorney client privilege, the oldest among common-law evidentiary privileges, fosters the open dialogue between lawyer and client that is deemed essential to effective representation” (Spectrum Sys. Intern. Corp. v Chem. Bank, 78 NY2d 371, 377 [1991] [quotation marks and citations omitted]). While an otherwise privileged communication can lose the protections of the privilege by reason of waiver, either intentionally or inadvertently, two principles complicate application of the rules governing waiver in Surrogate’s Court proceedings.…

Trust on Trial

California Assisted Living Residents Are Vulnerable to Financial Elder Abuse

January 6, 2020

As our population ages, more of our seniors are moving into assisted living facilities. The number of such facilities has nearly tripled over the past two decades, with construction of memory care units the fastest-growing segment of senior care. Half of assisted living residents are age 85 and older, and over 40 percent have some form of dementia. In “How Not to Grow Old in America,” an article by Geeta Anand in the New York…

Trust on Trial

California Assisted Living Residents Are Vulnerable to Financial Elder Abuse

January 6, 2020

Archer Estate & Trust Litigation Law

ARCHER PROMOTES THREE ATTORNEYS TO PARTNER

By callen

January 6, 2020

Archer is pleased to announce that attorneys Melissa Osorio Dibble, Pete Jamison and Jonathan P. Rardin have been named partners of the firm, effective January 1, 2020. The new partners were previously associates with Archer, one of the region’s largest law firms. They represent a diverse base of clients in several practice areas, which include estate and trust litigation, environmental law, trade secret protection and non-compete, and commercial litigation. “We are proud to promote these…

Probate & Estate Planning

Put It on My Tab – When Is a Lifetime Gift in California an Advancement Against Inheritance?

Can “excusable neglect” get you an extension to file a late homestead election?

Trust made under Will works well for bequeathing assets to a minor

Marvin Claims Between Unmarried Partners Will Abound in Post-Marriage California – A Conversation with Jeffrey Makoff

When Do You NOT have the Right to Remain Silent? Conservatorship Proceedings and Equal Protection Clause Claims

Did You Know That The Surrogate’s Court May Remove an Executor for Improper Acts?

Waiving a Decedent’s Attorney-Client Privilege

California Assisted Living Residents Are Vulnerable to Financial Elder Abuse

California Assisted Living Residents Are Vulnerable to Financial Elder Abuse

ARCHER PROMOTES THREE ATTORNEYS TO PARTNER

Probate & Estate Planning Blogs

Stay Connected

Company

Support

New to the Network