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Documents on Trusts And Estates, Real Estate

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Adobe PDFUS Government to Penetrate Secrecy in Manhattan, Miami Residential Transactions
Michael W. Galligan, Marc A. Landis, Tiberio Schwartz; Phillips Nizer LLP;
Legal Alert/Article
January 21, 2016, previously published on January 16, 2016
On January 13, 2016, the U.S. Treasury Department’s Financial Crimes Enforcement Network (“FinCEN”) ordered certain title insurance companies to identify the individuals behind the purchase of residential real estate in Manhattan (New York County, New York) and Miami-Dade County,...


HTMLLow Energy Prices, Low Interest Rates, Rise in Federal Estate Tax Make Estate Freeze Transactions Attractive
Steven Boutwell, Kyle C. McInnis; Kean Miller LLP;
Legal Alert/Article
March 17, 2015, previously published on March 10, 2015
The recent downturn in energy prices has given consumers a welcomed break at the gasoline pump. The people producing the energy, however, from landowners, to oil companies, to oil field service providers, have felt the full negative effects of the steep price decline. Those producers are seeing...


HTMLREITs Cautioned on Disclosure Practices OSC Publishes Results of Review on REIT Distribution Disclosure; Excess Distributions, Non-IFRS Metrics Among Key OSC Concerns
Christopher J. Doucet, George Dube, Aaron E. Sonshine; Bennett Jones LLP;
Legal Alert/Article
February 24, 2015, previously published on January 28, 2015
On January 26, 2015, the Ontario Securities Commission published OSC Staff Notice 51-724 - Report on Staff's Review of REIT Distributions Disclosure. The Report presented the findings of the OSC's recent review of the disclosure practices of 30 publicly-listed REITs, primarily in the area of...


HTMLNew West Virginia Law Enables Real Property to Pass to Beneficiary Without Probate
Paul L. Hicks; Bowles Rice LLP;
Legal Alert/Article
October 22, 2014, previously published on May 8, 2014
A new West Virginia law now enables real property to pass simply and directly to a beneficiary, without going through probate.


HTMLHomesteads and the Law on Remainders
Joseph W. Worthen; Rudolph Friedmann LLP;
Legal Alert/Article
May 13, 2014, previously published on May 2, 2014
A recent decision by the US Bankruptcy Court has invalidated certain so-called “Homestead” protections in real estate that will likely affect many Massachusetts residents.


HTMLI Am Not Rich So I Don’t Need a Will and Other Estate Planning Myths
Donna Ray Berkelhammer; Sands Anderson PC;
Legal Alert/Article
March 27, 2014, previously published on March 24, 2014
Many people draw up complicated estate plans to minimize the taxes they have to pay on their assets when they die. But people who are nowhere near the $5 million+ floor for estate taxes have very valuable reasons for having wills and trusts.


HTMLWhat Are the House Ownership Options When Parents and Adult Children Live Together?
Ryan W. Barry, Leah Mitchell McElmoyl, Dana B. Perry; Chambliss, Bahner & Stophel, P.C.;
Legal Alert/Article
March 18, 2014, previously published on March 2014
Increasingly, several generations of American families are living together. According to a Pew Research Center analysis of U.S. Census data, more than 50 million Americans, or almost 17 percent of the population, live in households containing two adult generations. These multi-generational living...


HTMLTransfer on Death Deeds: Additional Probate Avoidance Planning
Philip L. Hatchett; Kaufman & Canoles A Professional Corporation;
Legal Alert/Article
March 17, 2014
Effective July 1, 2013, the Virginia legislature adopted Virginia Code Sections 64.2-621, et seq. which authorized the creation of transfer-on-death (“TOD”) deeds. Under the new law, an owner of real property (identified as a “transferor”) may execute a TOD deed which will...


Adobe PDFIRS Guidance on Estate Tax Portability
Bruce A. Rawls; Burr & Forman LLP;
Legal Alert/Article
February 11, 2014, previously published on February 5, 2014
The Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 amended the Internal Revenue Code to allow the estate of a decedent who is survived by a spouse to make a "portability election" which allows the surviving spouse to apply the decedent's unused exemption...


HTMLWife's Undue Influence Over Changes Made to Husband's Trust Voids Changed Terms of the Trust
Kronick Moskovitz Tiedemann Girard A Law Corporation;
Legal Alert/Article
January 31, 2014, previously published on January 24, 2014
A California court of appeal affirmed a ruling voiding the terms of a trust after finding that there was ample evidence to support that the decedent's wife used undue influence over him to change the trust. The court held in Lintz v. Lintz (January 14, 2014) --- Cal.Rptr.3d ----, Cal.App. 6...


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