An estate planner must always be on guard when drafting instruments that may supply incentive for someone to contest a will. Anytime an individual would take more through intestacy or under a prior will, the potential for a will contest exists, especially if the estate is large. Although will...

As 2012 came to an end and 2013 began, a furious rush of legislation from Congress impacted how income and wealth transfer are taxed. Although at first it was thought these changes were “permanent”, or as permanent as anything Congress does can be, there are already serious rumblings that...

Your client may have difficulty with communication, that is, the client may be unable to see, hear, write, or understand English. To effectively prepare a will for these clients, the estate planner must initially ascertain whether the client has a communication challenge and then take...

Humans and charities are no longer the primary entities many individuals wish to benefit upon death. Instead, there is a growing interest in providing for Rover, Fluffy, and Polly, that is, our beloved pets. There has been a recent surge of public interest in pet planning as high-profile...

This article examines some of the provisions in the 2006 Uniform Power of Attorney Act and how they attempt to meet some of the challenges that durable powers face with a focus on formalities in drafting, standards of conduct for an agent, an agent's powers and authority, and overcoming the...

Most pet owners are extremely devoted to their pets, often considering them members of the family. This devotion can carry over into the owner’s will or trust, leaving gifts for their pets in such instruments. A will or trust involving the pet can be important to the veterinarian because, for...

The use of videotape is increasingly becoming a common medium utilized by the legal profession. The areas of estate planning and probate are no exception. The suggestion to videotape the probate process began in the early 1980's. Although there has not been much litigation over the use of the...

Most pet owners are extremely devoted to their pets, often considering them members of the family. This devotion can carry over into the owner's will or trust, leaving gifts for their pets in such instruments. More recently, courts and legislatures are approaching gifts to pets more favorably...

History has revealed a long-standing tradition of affording legal protection to adults unable to act for themselves. American jurisprudence has shifted from addressing the guardianship of incompetent persons in the law of equity to heavily regulating these matters statutorily. State regulations...

Most jurisdictions within the United States currently utilize the post-mortem model of probate, in which a person of legal age and sufficient mental health plans for the distribution of his estate at death, allocating certain shares to those individuals deemed most deserving. This intent is...