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Searching Content indexed under Wills/ Intestacy/ Estate Planning by Holland & Knight ordered by Published Date Descending.
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1
Elder Abuse And Red Flags
With the aging population and signs that elder abuse is on the rise, it seems that now is a time to provide a reminder of some red flags that could alert you to the suffering of your client.
United States
13 Jun 2019
2
Postmortem Email Privacy? Don't Bet Your Life On It
The delicate balance between a decedent's personal privacy interests and a personal representative's right to access the decedent's property ...
United States
6 Feb 2019
3
Matter Of The Estate Of Durcan
A recent New York County Surrogate's Court case, Matter of the Estate of Durcan, highlights the importance of properly completing beneficiary designation forms for retirement accounts, even when one has already completed them at a prior custodian.
United States
11 Sep 2018
4
Achieving Income, Gift And Estate Tax Parity When Donating Artwork
A recent IRS private letter ruling, PLR 201825003, highlights the important differences between U.S. federal income tax and gift tax treatment of charitable donations.
United States
2 Aug 2018
5
Pet Trusts 101
Many families today view their pets as part of the family. Sometimes the pets rank even higher than children and grandchildren.
United States
22 May 2018
6
Transfer Tax Considerations Under The Tax Cuts And Jobs Act
Republicans in Congress passed the Tax Cuts and Jobs Act in just less than two months, achieving sweeping tax reform.
United States
11 Jan 2018
7
Is She My Grandchild?
Suppose you have a trust that provides for distributions to your descendants. Suppose further that your son dies having given his wife permission to use his frozen sperm.
United States
19 Oct 2017
8
Scattered To The Wind: Cremation Laws And Trends
While there was sadness with the passing of Carrie Fisher and her mother, Debbie Reynolds, within a day of one another, Carrie's brother, Todd Fisher, and her daughter, Billie Lourd, brought some levity by placing Carrie's cremated ashes into a giant Prozac pill "urn".
United States
23 Jan 2017
9
Proposed Treasury Regulations Would Severely Limit Valuation Discounts
The U.S. Department of the Treasury unveiled its long-awaited proposed regulations targeting valuation discounts commonly used in estate planning, thereby overturning decades of settled law.
United States
1 Sep 2016
10
Update On Massachusetts Law Concerning Discretionary Trusts And Divorce
The Massachusetts Supreme Judicial Court (SJC) has reversed the appeals court decision which held that assets in a discretionary trust created by a third party are reachable as marital assets.
United States
11 Aug 2016
11
Estate Of Morrissette: Unfinished Business
Estate of Morrissette v. United States, 146 T.C. 11 (April 13, 2016), eliminated a significant Internal Revenue Service challenge to the use of intergenerational split-dollar agreements.
United States
14 Jun 2016
12
How Matrimonial Law Intersects With Estate Planning
The intersections of matrimonial law and estate law sometimes are fraught with the same wackiness as the traffic intersection in Ethiopia's Meskel Square.
United States
15 Apr 2016
13
Conservatorships And Guardianships In Tribal Courts: What Tribes Need To Know
Many tribes are considering, or have already implemented, the capability for their tribal courts to handle protective proceedings for older and developmentally disabled tribal members...
United States
1 Mar 2016
14
Benefits Due A Child Conceived After A Parent's Death Are Uncertain
Are you sure who you would include as your descendants in your estate plan? Would it include stepchildren, children adopted as adults, non-marital children, and those born after the death of a parent?
United States
23 Nov 2015
15
Why Being Aware Of Estate Planning Is Important
Here's what the Federal District Court reported as to what may be the most underlying noteworthy of the facts: "On September 13, 2013, Scott [the decedent] died without a valid Will or testamentary device."
United States
26 Oct 2015
16
Be On Guard To Thwart Fraud Following A Death In The Family
When there is a death in your family, it is important to be aware of unscrupulous people during this difficult and vulnerable time.
United States
26 Aug 2015
17
Estate Planning With Portability
The amount that every U.S. citizen or tax resident can gratuitously transfer during life or at death without incurring federal transfer taxes (i.e., estate and gift taxes) is $5.43 million in 2015 (assuming no prior taxable gifts).
United States
21 Aug 2015
18
You Get Nothing, Jon Snow
The evolving notion of what constitutes "family" continues to pose interesting challenges in the realm of trusts and estates.
United States
21 Aug 2015
19
New Treasury Regulations May Limit Transfer Tax Savings
Recent comments by Cathy Hughes, an Estate and Gift Tax Attorney Advisor in the Office of Tax Policy at the U.S. Treasury Department indicated that the department may issue proposed regulations as early as September 2015.
United States
30 Jul 2015
20
Regulatory Update: Final Regulations On Portability Of The DSUE
Portability of the deceased spousal unused exclusion amount between spouses was first introduced by Congress in December 2010, applicable to estates of married decedents dying on or after Jan. 1, 2011.
United States
14 Jul 2015
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