Searching Content indexed under Wills/ Intestacy/ Estate Planning by McLane Middleton, Professional Association ordered by Published Date Descending.
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Probate: What It Is And How To Avoid It
Why avoid probate? It is a time consuming, public process, with significant legal expense involved.
United States
5 Jun 2019
New Considerations In Family Partnership Planning
Notwithstanding this landscape, the family limited partnership as a planning strategy remains viable and offers many benefits.
United States
2 May 2019
Non-Traditional Families, Assistive Reproductive Technologies, And Common Concerns Facing Same-Sex Estate Planning Clients Post-Obergefell
Many issues that faced same-sex couples prior to the Supreme Court's 2015 decision in Obergefell v. Hodges, which recognized the rights of same-sex couples to marry nationally, have been alleviated but some still remain.
United States
4 Apr 2019
Client Identification: Foundational And Unique To The Ethical Practice Of Elder And Special Needs Law
The issue of client identification is foundational and unique to the ethical practice of elder and special needs law
United States
27 Mar 2019
What Do I Need To Know As Power Of Attorney For My Mom?
In 2017, New Hampshire adopted the Uniform Power of Attorney Act, which became effective on Jan. 1.
United States
10 Jul 2018
Can I Put Home In A Revocable Trust?
Q: Can I put my home in a revocable trust for estate planning purposes while my mortgage loan is still outstanding?
United States
5 Jun 2018
Guide To Wills And Estate Planning
When it comes to making long-term financial decisions, there's a cautionary expression that communicates the importance of planning: if you choose not to decide, you still have made a choice.
United States
16 Mar 2018
Can We Establish A STABLE Account For My Son?
Q: I have a disabled son who was injured in an accident and he has his own special needs trust created with proceeds from his settlement. Can he use assets from the trust to fund a STABLE account?
United States
20 Feb 2018
Mom Doesn't Have A Will, Can No Longer Prepare One
I was recently appointed guardian over my mother, who has advanced dementia, and I discovered that she never did any estate planning. Do I have any options now?
United States
5 Jan 2018
Case Summary: Ajemian V. Yahoo!, Inc.
The Massachusetts Supreme Judicial Court, in the case of Ajemian v. Yahoo!, Inc., held that the Stored Communications Act (SCA)...
United States
13 Dec 2017
Does Sister Have Mom's Best Interest In Mind?
Unfortunately, situations like the question are all too common, especially where there is family discord.
United States
13 Nov 2017
Tips For Handling Assets From Wine Cellar
Q: My brother died owning an extensive wine cellar. The terms of his last will and testament give this wine collection to my two adult nephews equally. As the executor, how should I handle these assets?
United States
18 Sep 2017
Powers Of Appointment Add Flexibility In Trusts
I am planning to create a trust to benefit my husband and our children after my death. But what if the laws change, or my family's financial situation changes? How can I plan for this?
United States
6 Sep 2017
NH Supreme Court Decides Trust Jurisdiction Issue
The case settles that the determination of rights to assets where title is held by a decedent may be resolved by a court other than the court overseeing the administration of an estate.
United States
27 Mar 2017
Navigating In Terrorem Clauses: Guidance From Hallett v. Hallett
Testamentary in terrorem provisions, which compel forfeiture by a legatee upon unsuccessful challenge to the validity of an estate plan and/or its administration...
United States
27 Mar 2017
How Do Properties Transfer With No Will Or Trust?
For the last two years, my husband and I have lived in our New Hampshire house during the summer months and at our house in Arizona the remainder of the year.
United States
22 Mar 2017
Trust Can Protect Assets From Creditors
Q: My neighbor, an OB-GYN, recently mentioned that she created a special Trust to help protect some of the assets of which she has worked so hard to accumulate...
United States
7 Sep 2015
Before The Sale: Tax Planning For Business Owners
As the baby boomers age, we are witnessing what many have described as the largest transfer of wealth from one generation to another.
United States
19 Aug 2015
Documents Every College Student Should Consider Before Leaving Home
Q: My daughter is heading off to college in a few short weeks. Are there any legal documents she should to have in place before she leaves?
United States
5 Aug 2015
Elder, Estate Planning & Probate Law: Making Trusts Beneficiaries Of Qualified Retirement Accounts
Many clients contribute to qualified retirement accounts (e.g., IRAs, Section 401(k) plans and Section 403(b) plans) for income tax planning and retirement planning purposes.
United States
10 Apr 2015
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