Category Archives: Estate Planning

How Estate Planners Can Help Parents of Young Children

Parents of young children are tired, anxious, and a bit overwhelmed. They’re balancing parenting goals with career goals and, more often than not, feeling like they’re meeting neither. They know they need a . . . will? Or is it a trust? Or a living will, didn’t someone mention that once? What the parents know they need, on a basic level, is some document that tells the world who they wish to care for their children should the parents die before their kids reach adulthood. Here’s how estate planning attorneys can best help. Listen. When parents of young children come to see an estate planning attorney, the attorney’s first job is to be an engaged, active listener. They need to be an engaged listener because the clients will likely need an explanation of the various fiduciaries’ roles, i.e., how a guardian, successor trustee, and agent under an advance health care directive require different skill sets based on their respective….. To continue reading this legal news please click Read full information...

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Glen Campbell’s Will Doesn’t Include Three of His Eight Children

According to documents filed in a Nashville court, Glen Campbell excluded his daughter, Kelli, and two sons, William and Wesley, from receiving any benefit from his estate. Campbell fathered a total of eight children over the course of four marriages…... To continue reading this legal news please click Read full information...

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M.D. Fla: If you kill someone in self defense, can you still collect on their life insurance policy?

Stephenson v. Prudential Ins. Co. of Am., 2016 WL 6568085 (M.D. Fla. Nov. 4, 2016) If you murder someone, you can’t collect on their life insurance policy. This is one of several iterations of the common-law “slayer rule” that’s codified in F.S. 732.802; a statute that gets litigated way more often than most people would guess (see here, here, here). But just because you kill someone doesn’t mean our slayer statute gets triggered. The killing has to be both “intentional” and “unlawful”. F.S. 732.802(3): “A named beneficiary of a bond, life insurance policy, or other contractual arrangement who unlawfully and intentionally kills the principal obligee or the person upon whose life the policy is issued is not entitled to any benefit under the bond, policy, or other contractual arrangement; and it becomes payable as though the killer had predeceased the decedent.” And just because you “intentionally”….. To continue reading this legal news please click Read full information...

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Article on Regularizing the Trust Protector

Paul B. Miller recently posted an Article entitled, Regularizing the Trust Protector, Wills, Trusts, & Estates Law eJournal (2017). Provided below is an abstract of the Article: Increasingly, settlors of trusts in on-shore jurisdictions are making use of trust protectors…... To continue reading this legal news please click Read full information...

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Article on En Torno a La Revisión De Las Legítimas: Casos Vasco Y Estatal (Thoughts on the Review of the Compulsory Share: Basque and Spanish Examples)

Gorka Galicia Aizpurua recently posted an Article entitled, En Torno a La Revisión De Las Legítimas: Casos Vasco Y Estatal (Thoughts on the Review of the Compulsory Share: Basque and Spanish Examples), Wills, Trusts, & Estates Law eJournal (2017). Provided….. To continue reading this legal news please click Read full information...

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