lindagriffin
Who Has Standing to Object in Probate Proceeding?
In Duff-Esformes v. Mukamal, a trial court overruled an objection by a beneficiary of an estate. The beneficiary of the estate was also a beneficiary of the trust into which the estate "poured over". Nathan Esformes died in 2015. His beneficiaries in his will were...
Disgruntled Beneficiaries…. We All Know Them!
Many of us have experienced beneficiaries who want their money the day after the decedent dies! In a recent case, the court determined that the personal representative did everything right and, in fact, the disgruntled beneficiary created many of the issues. In...
Last Minute Prenuptial… Time Enough to Waive Spousal Rights?
In Arlene Williams-Paris v. April Nelle Joseph...et al., Arlene ("Wife") appealed several probate orders that she waived rights to her husband's ("Decedent") estate. A year before their marriage, Decedent and Wife discussed making a prenuptial agreement and the...
Marital Settlement Agreement- Who Receives the Proceeds of the 401(k)??
In Lynn Martinez-Olson v Estate of Dan Olson, Lynn Martinez-Olson ("Lynn") divorced Dan ("Decedent") in 2017. As part of the marital settlement agreement (the "Agreement"), each party agreed that they would receive all benefits existing by reason of their employment...
Arbitration…Is Prohibitive Expense a Defense?
Often, upon admission to a nursing home, the individual who enters the nursing home signs a contract which compels arbitration in case of disputes. In the recent case of Darcell Wick v. Orange Park Mgt, LLC, the court answered the question of whether the child of the...
ALERT…NEW LEGISLATION PROPOSED BY HOUSE WAYS AND MEANS COMMITTEE ON 9.13.2021
The House Ways and Means Committee released 881 pages of proposed legislation on September 13 to give a nation full of stressed tax attorneys just that much more to be stressed about! Rather than reinvent the wheel here is a link to a great summary by a friend of...
To Fund or Not to Fund… Who Is Responsible?
In a recent case, Ellerson v. Brendon F. Moriarty and the Moriarty Law Firm, an appellate court determined that it was an error to dismiss a beneficiary's complaint against an attorney who drafted a trust amendment but did not fund the trust with an asset that would...
When Does 75% plus 25% NOT Equal 100%… When the Tax Court Rules!
In the recent case of Estate of Miriam Ward v. Commissioner, T.C. Memo. 2021-017 (Feb.18,2021), the Tax Court ruled that a charitable deduction to charities was valued at a discount even though 100% of the charitable amount was given to charities. Thomas ("Tom") and...
Which Controls? The Partnership Agreement or the Will?
In Finlaw v. Finlaw, the court determined that a provision for disposition of a partnership interest overrode the terms of a decedent's Last Will and Testament. The decedent, Twila, together with her husband and the Palmers, entered into a partnership agreement (the...
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....