A New York City jury may soon determine the fate of an estate valued at over $300 million. The deceased, Huguette Clark, left a last will and testament, but her relatives have contested the document as fraudulent. At least 19 distant relatives-most of whom never even met Clark-could share in…
Articles Posted in ESTATE PLANNING
Succession Planning for Your One-Person Business
Estate planning for your personal assets, such as your home, can be relatively straightforward. But estate planning for your business assets-sometimes called succession planning-presents unique challenges. The first step in succession planning is understanding the legal structure of your business and how it may interact with the probate system after…
How Will Estate Planning Affect My Family Business?
A family business can impose unique estate planning challenges. Assets like cash and stocks can be easily divided among multiple heirs. But a business is an ongoing concern, and not all family members may be part of the company. Ultimately, a business owner’s estate planning must weigh the needs of…
Survivor & Exemption Trusts Can Shield a Married Couple’s Assets from Estate Taxes
Living trusts are a common estate planning device that can shield a person’s assets from the probate process. For married couples in California holding substantial assets, a more complex form of trust planning is available. Known as survivor and exemption trusts, or sometimes as A/B trusts, these special trusts can…
Can “Tony Soprano” Instruct His Children From Beyond the Grave?
James Gandolfini, the film and television actor best known for his starring role in the HBO series The Sopranos, died on June 19 while vacationing in Italy. The New York Post reported on July 3 that Gandolfini, a New York City resident, left an estate valued at nearly $70 million.…
Brothers Fight in Court When Mother’s Will Fails to Name an Executor
A key element of a well-drafted last will and testament is the appointment of an executor to manage the affairs of your estate. If you fail to name an executor, or the person or persons you name are unable to serve, a probate court must intervene and appoint a person…
How Making an Estate Plan Can Prove Your Mental Competency
The purpose of estate planning is to prepare for a time when you can no longer make decisions for yourself, either because of death or incapacity. And while ascertaining a person’s death is usually a straightforward task, determining incapacity-more precisely, the lack of capacity to make certain types of decisions-is…
Sibling Rivalry Spills Over Into Probate Court
Estate planning requires you to appoint one or more people to act as your agent or fiduciary under a number of conditions. A power of attorney designates an agent to act in your name while you’re still alive. If you create a revocable trust, a trustee manages those properties you…
Providing for Charity in Your Estate Planning
ESPN recently conducted an investigation of over 100 charities founded by professional athletes and found that nearly three-quarters of them failed to meet nonprofit industry standards. In some cases these “charities” failed to distribute any funds for their stated charitable purpose. Indeed, many athlete charities were barely funded and ran…
Estate Planning and Songwriting Royalties
In 1974, R&B legend Barry White released one of his greatest hits, “You’re the First, the Last, My Everything.” The song itself travelled a lengthy path. Originally written as a country song two decades earlier by Peter Radcliffe, White and his songwriting partner, Anthony Sepe, rewrote the lyrics to make…