lindagriffin
Change is Coming…Beware and Plan for it!
On March 25, 2021, Senator Bernie Sanders and Whitehouse proposed a bill (the "Sanders Bill") which would drastically change the estate and gift tax. Of course, the Sanders Bill is only a proposal, but this Sanders Bill should be considered in your 2021 planning....
Recent Nebraska State Supreme Court case – Nonjudicial Modification is NOT a Slam Dunk…
In a recent Nebraska Supreme Court ("Court") Case, the Court determined that a nonjudicial settlement agreement (the "Agreement") did NOT reflect the settlor's intent and voided the agreement. Our clients often want a nonjudicial settlement agreement believing that it...
An Estate Tax Closing letter? Soon It May Cost You…
The Internal Revenue Service ("IRS") issued a Notice of Proposed Rulemaking ("Notice") which proposes a new user fee to receive IRS Letter 627 - the Estate Tax Closing Letter (the "Letter"). A Letter is necessary to not only clear title for real estate, to close a...
Settling a Probate Claim? READ the Documents Supporting the Claim!
The recent case of Millini v. Paulucci reminds us that simple mathematical calculations may not correct if you do not read the document on which you are basing the calculations. Incorrect calculations can lead to the dreaded word for any attorney... malpractice......
Prenuptial Agreement Means What It States….
In Baldwin v. Harris, a surviving spouse, was successful in the interpretation of language in a prenuptial agreement. Prior to Letetia ("Wife") marrying Henry ("Husband"), they entered into a prenuptial agreement, which contained a provision stating that, if wife...
Recent Case Clarifies No TBE Protection for TBE Asset Transferred to a Joint Trust
In the recent bankruptcy case, In Re Gregory Todd Givans, the bankruptcy court confirmed that real estate held by a married couple as Tenants by the Entireties ("TBE") loses such protection as TBE when such real estate is transferred to a joint trust. Generally, under...