Family and Matrimonial

Milbank LLP attorneys examine the implications of New York's pied-à-terre tax for common estate planning structures and situations, analyzing the basic mechanics of the surcharge and discussing key ambiguities in the statute. The article explores potential pitfalls that practitioners should consider when advising clients on property ownership and estate planning in New York.

When a child turns 18, parents lose automatic legal authority to make medical and financial decisions on their behalf, creating an unexpected gap in estate planning. Three essential documents—a durable power of attorney, health care proxy, and HIPAA authorization—can bridge this gap and ensure parents can assist their adult children when needed.

Washington State's Deadman's Statute bars interested parties from testifying about conversations or transactions with deceased individuals in estate litigation. Understanding when this evidentiary rule applies, what testimony it excludes, and how it can be waived is critical for anyone involved in probate or trust disputes where private agreements or oral promises are at issue.

How family law mediation can help parties break cycles of powerlessness, escalation and conflict

A Washington Court of Appeals ruled that a former spouse was entitled to keep $373,000 from her ex-husband's retirement account because she remained the designated beneficiary after their divorce. The decision demonstrates how federal ERISA law can override state divorce statutes and highlights the critical importance of updating beneficiary designations following major life events.

Family law disputes like divorce and custody battles are emotionally charged proceedings where stress-driven decisions can have lasting consequences. Many clients unknowingly make critical mistakes that escalate conflict, increase legal costs, and damage their long-term interests. Understanding these common pitfalls and how to avoid them can significantly improve outcomes and preserve the possibility of civil post-dispute relationships.

How family law mediation can help parties break cycles of powerlessness, escalation and conflict

When a child turns 18, parents lose automatic legal authority to make medical and financial decisions on their behalf, creating an unexpected gap in estate planning. Three essential documents—a durable power of attorney, health care proxy, and HIPAA authorization—can bridge this gap and ensure parents can assist their adult children when needed.

Managing Partner Meighan Harmon and Associate Reed Chisenhall explore the critical distinctions between marital and non-marital property, examining how assets brought into marriage are classified and protected. The discussion delves into commingling effects, tracing requirements, proper recordkeeping practices, and the role of prenuptial agreements in safeguarding separate property.