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HTMLIs The End of Valuation Discounting Upon Us?
Jeffrey P. Consolo, Mark D. Klimek; McDonald Hopkins LLC;
Legal Alert/Article
September 3, 2015, previously published on September 3, 2015
Discounting the value of assets has been an integral part of wealth transfer planning for many years. The IRS has also been fighting this planning technique for many years. There have been indications that regulations will be issued soon to significantly curtail this estate planning technique....

 

HTMLOverview of the Landscape for Evaluating Creditors' Breach of Fiduciary Duty Claims in Delaware
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
September 2, 2015, previously published on August 31, 2015
In our prior post, we discussed the standard a creditor must meet to sue an insolvent corporation for breach of fiduciary duties, as laid out in the Quadrant Structured Products Co., Ltd. v. Vertin decision. Another notable takeaway from the Quadrant decision was the Court’s overview of the...

 

Adobe PDFSuccession to Cyprus Shares
Evita Lambrou; Soteris Flourentzos & Associates LLC;
Legal Alert/Article
September 1, 2015, previously published on September 2015
Shares in a Cyprus company are treated as being located for legal purposes in Cyprus. Therefore, when a registered shareholder of a Cyprus company dies, her/his shares cannot be transmitted to her/his heirs until, in the case of a will, a grant of probate or, in the case of no will, grant of...

 

HTMLEstate Planning: The Benefits of Qualified Income Trusts
Peter Y. Fu, Michael L. Salad; Cooper Levenson, P.A.;
Legal Alert/Article
August 28, 2015, previously published on August 5, 2015
Maybe you're not ready for a nursing home but imagine being forced into institutional care to gain eligibility to receive Medicaid coverage. That was the reality for many people who could not afford assisted living or home care but did not qualify for government assistance. That is, until a pivotal...

 

HTMLChanges Made to the Law of Estate Administration
Katherine M. Faught; McLennan Ross LLP;
Legal Alert/Article
August 19, 2015, previously published on July 6, 2015
On June 1, 2015 the Estate Administration Act ("Act") came into force in Alberta. This Act updates the previous laws which dictate how an executor, or "personal representative", will have to administer the estate of a deceased person. The new law applies whether or not the...

 

HTMLDoes Your Unmarried Daughter or Son Have a Will or Trust?
Jones Waldo Holbrook McDonough A Professional Corporation;
Legal Alert/Article
August 13, 2015, previously published on August 12, 2015
Whether you’re the parent reading this, or the unmarried daughter or son, the foregoing question may have been on your mind - or maybe it is now.

 

HTMLWhen a POA is Personally Liable
Jack J. Lah; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
August 12, 2015, previously published on August 4, 2015
The undertaking of service under an instrument appointing a power of attorney is a responsibility that should not be taken lightly. A power of attorney is a written instrument authorizing an agent, known as an attorney-in-fact, to perform specific acts on the principal's behalf.1 It is crucial that...

 

Adobe PDFMurder, Fraud, and Tortious Interference: The Interplay Between Probate Court Jurisdiction and Superior Court Jurisdiction in Rhode Island
Pannone Lopes Devereaux West LLC;
White Paper
August 12, 2015, previously published on August 12, 2015
“Murder, Fraud, and Tortious Interference: The Interplay Between Probate Court Jurisdiction and Superior Court Jurisdiction in Rhode Island” delves into nuances of Rhode Island Probate Court and Superior Court jurisdiction, and explains in detail the need for attorneys to first identify...

 

HTMLTransferring Title to a Motor Vehicle in Maryland at Death? Be Careful!
Pessin Katz Law P.A.;
Legal Alert/Article
August 7, 2015, previously published on August 2, 2015
Many people try to avoid probate. Often, title to assets is held in joint names with right of survivorship so that the surviving joint tenant inherits property without the need for probate. But then there is that pesky automobile which you failed to put in joint names or want to leave to your...

 

HTMLOn-Line Fundraising, Some Tax Implications
Pessin Katz Law P.A.;
Legal Alert/Article
August 7, 2015, previously published on August 3, 2015
Many have participated in, or know someone who has launched, a “Kickstarter” campaign or other online means of securing funds for a project. Others may have encountered a request for contributions to a “fund” for some tragic occurrence (such as a scholarship fund for the...

 


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