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Documents on Trusts And Estates, Real Estate
 

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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 M. 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...

 

HTMLAdditional 3.8% Medicare Tax Imposed on Trust and Estate Income
Hinshaw Culbertson LLP;
Legal Alert/Article
December 13, 2013, previously published on December 11, 2013
Beginning in 2013, trusts and estates will be subject to an additional 3.8% Medicare tax on “net investment income” in excess of $11,950. Net investment income includes interest, dividends, rents (unless the trustee is actively participating in a real estate business), royalties,...

 

HTMLPortability of the Federal Estate Tax Exemption: A Game Changer
Varner Brandt LLP;
Legal Alert/Article
December 13, 2013, previously published on December 5, 2013
Currently the federal estate tax exemption is $5,250,000 and in 2014 it will increase to $5,340,000, thereafter increasing yearly based upon the rate of inflation. Every person’s estate is entitled to the tax exemption including each individual separately if they are married.

 

HTMLTrustee of Property is not Liable for an Injury that Occurs on the Property When Trustee is not Personally at Fault
Kronick Moskovitz Tiedemann Girard A Law Corporation;
Legal Alert/Article
November 1, 2013, previously published on October 30, 2013
A California Court of Appeal ruled recently that a trustee of a property, where an injury occurred, cannot be found liable for the injury in the absence of a showing that the trustee was personally at fault for causing the injury.

 


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