Olmstead decision demonstrates why single-member LLCs may not be a good stand-alone asset protection strategy.
September 6, 2010 By
Making Good Use of GRATs in 2010
With the scheduled reinstatement of the Federal estate tax less than 4 months away, many taxpayers are taking advantage of the current low-interest-rate environment to set up GRATs.
July 27, 2010 By
Trustee’s Duty to Beneficiaries of Revocable Trust
Do trustees owe fiduciary duties to beneficiaries (other than the settlor) of a revocable trust? No, according to the Alabama Supreme Court.
July 12, 2010 By
What is an Inter Vivos Gift or Transfer?
A recent Mississippi case addressed the requirements for a valid inter vivos gift in case involving a mother’s attempt to gift equity in her home in Bay St. Louis.
June 28, 2010 By
Proving Testamentary Capacity and Undue Influence
Undue influence claims are really about testamentary capacity. A recent Mississippi case deals with the burden of proof that applies to cases involving testamentary capacity.
June 24, 2010 By
Steig Larsson’s Default Estate Plan
The estate issues surrounding the death of novelist Stieg Larsson demonstrate the importance of proper estate planning.
June 21, 2010 By
Mississippi Conservatorship Can Trump Power of Attorney
Can a Mississippi conservatorship be opened while someone else has a valid power of attorney? A recent Mississippi case discusses the relationship between conservatorship and power of attorney under Mississippi law.
June 14, 2010 By
Allegations of Undue Influence in Richard Pryor’s Estate
The estate of comedian Richard Pryor is a good illustration of the role that the presumption of undue influence plays in estate litigation.
June 7, 2010 By
What are “Bodily Heirs?” The Importance of Clear Drafting
What are “bodily heirs?” A recent Tennessee case demonstrates the importance of clear drafting.
May 31, 2010 By
What Does it Take to Revoke a Will?
What does it take to revoke or modify a will? A recent Ohio case demonstrates the problems that can result from marking up a will.
