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Latest Blog Posts

Inactive Accounts Affect Probate

Posted on: August 15th, 2017
Even estates with a thoughtfully crafted and updated estate plan can experience problems in probate. Read more....

Probate Alert: Handwritten Notes on a Will

Posted on: August 9th, 2017
A North Carolina probate case filed in June 2016 by the Court of Appeals in Beaufort County showcases the validity of handwritten notes on a will. ...

Case Alert: Statute of Limitations on Federal Estate Tax Collection

Posted on: July 17th, 2017
For estates valued above the applicable estate tax exemption amount, the executor or personal representative of an estate must prepare and file the estate tax return, and pay the applicable estate tax...

Florida Electronic Wills Act Removes Benefit-of-the-Beneficiary Rule

Posted on: June 7th, 2017
The Florida Electronic Wills Act takes effect July 1, 2017 and it will make Florida the second jurisdiction in the nation to legalize use of electronic wills. While this has been the focus of the Act, the Florida Trust Code will also be revised due to the legislation....

Trustee Authority to Decant

Posted on: May 19th, 2017
In some circumstances, a trustee's fiduciary duty might oblige them to decant the trust; if the trust document does not clearly provide for decanting, the trustee must determine whether they have authority to decant the trust....

Taxation of Trusts and Estates in Probate

Posted on: May 18th, 2017
Income and estate tax implications vary for each estate depending on whether the decedent had a trust in place and, if so, the nature of the trust. Where the decedent transferred assets to a revocable living trust prior to death, one or more fiduciary income tax returns might be required to report income earned by assets in the estate and/or trust after death. ...

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