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Specific testamentary gifts are a very important component of a will. They help clients pass important family heirlooms as well as transfer assets of high value. A specific gift can [...]

CASES BREACH OF TRUST: Monthly account statements begin running of statute of limitations. Adopting language from the Uniform Trust Code, Mich. Comp. Laws [section] 700.7905(1)(a) establishes a one-year statute of [...]

Keeping Current--Probate Editor: Prof. Gerry W. Beyer, Texas Tech University School of Law, Lubbock, TX 79409; gwb@ProfessorBeyer.com. Contributors: Claire G. Hargrove, Paula Moore, Prof. William P. LaPiana, and Jake W. [...]

This document provides a summary of various articles and legislation related to estate planning and related topics. The articles cover a range of subjects, including will-making preferences, end-of-life care, debtor status, ethics in estate planning, family farm transitions, federal wealth transfer taxation, Georgia's no-contest trust provisions, grantor trusts, incapacitated grantors and revocable trusts, individual retirement arrangements (IRAs), Medicaid planning, Oregon's forest trusts, revival in the law of wills, the rule against perpetuities, and challenges faced by surviving spouses in estate administration. The legislation mentioned includes the adoption of the Uniform Power of Attorney Act in Michigan, the granting of termination rights to deceased tenants' personal representatives in New York, and the modernization of guardianship proceedings procedures in Pennsylvania. [Extracted from the article]

CASES ATTORNEYS: Attorney-client privilege applies to matters after joint representation ends. In a divorce proceeding, the plaintiff moved for the issuance of a subpoena to the attorney who had drafted [...]

An estate planner is more likely to encounter a client who regularly uses marijuana than a client who needs estate and gift tax planning, given that 55 million Americans are [...]

CASES 529 COLLEGE SAVINGS PLANS: Plans holding funds contributed by spouses are marital property subject to equitable distribution upon divorce. Spouses contributed cash to Section 529 plans for the payment [...]

ATTORNEYS: Confidential relationship arises when child performs legal work for parent. A daughter who was an attorney prepared a deed transferring real property from her mother to a revocable trust [...]

Keeping Current--Probate offers a look at selected recent cases, rulings and regulations, literature, and legislation. The editors of Probate & Property welcome suggestions and contributions from readers. CASES CODICIL: Reference [...]

After the parent died, the trustee decided to distribute the trust real property to the trustee as beneficiary and to distribute cash equal in value to the real property to the sibling. SOUTH DAKOTA-FIDUCIARY LAW: In Restraining the Unsupervised Fiduciary, 66 S.D. L. Rev. 208 (2021), Thomas E. Simmons and Andrew J. Knutson analyze South Dakota Codified Laws Chapter 59-12 and describe the new statutory framework for agent-fiduciaries acting under power of attorney instruments. The co-executors decided to distribute improved real property to themselves and unimproved real property to themselves and the other beneficiary so that all received equal value. CALIFORNIA prevents a settlor from being considered a beneficiary of a trust solely because the trustee has been given the discretion to reimburse the settlor for federal or state income tax on trust income or principal that is payable by the settlor. [Extracted from the article]

Eva Kripke held a power of attorney for her husband, who had been diagnosed with Lewy body dementia, a disease affecting cognition, movement, and emotions. She managed his online bank [...]

To address concerns that have arisen over the years with durable powers of attorney, the National Conference of Commissioners on Uniform State Laws has approved a progression of recommended statutes, [...]

SOUTH CAROLINA passes Statutory Health Care Power of Attorney Act. 2016 S.C. Laws Act [...]

CONNECTICUT passes Revised Uniform Fiduciary Access to Digital Assets Act. 2016 Conn. Legis. Serv. P.A. [...]

LOUISIANA passes Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. 2016 La. Sess. Law Serv. Act [...]

NORTH CAROLINA passes Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. N.C. Laws S.L. [...]

HAWAII enacts Uniform Fiduciary Access to Digital Assets Act. 2016 Haw. Laws Act [...]