The most recent chapter in the debate regarding the continued operation of the presumption of advancement in the context of property division attempts to put the presumption to rest, once and for all. Despite appellate authority to the contrary in …Keep reading
Only assets that fall within an estate are subject to probate fees. It follows then, that assets held in joint tenancy that pass outside of the estate due to the operation of the right of survivorship do not require disclosure …Keep reading
Transferring assets by way of joint tenancy is one of the most popular estate planning tools, given its relative ease and low cost of implementation. Assets which are held jointly are typically subject to a “right of survivorship”, meaning the …Keep reading
One reason parents place assets into a corporate trust structure may be to reduce the amount of tax paid on such assets while preserving a specific estate plan. An alternative reason may be to protect their family assets from potential …Keep reading
In a Will, the executor appointment is one of the most carefully-considered decisions of the will-maker. It is a position of significant trust and responsibility.
But what happens if the intended executorship fails?
Scenario 1: The Deceased Executor Dies with …Keep reading
It is very common for people to prepare an Enduring Power of Attorney instrument (“EPOA”) as part of their estate plan. This allows an adult to designate an “attorney” to make financial and most legal decisions on behalf of the …Keep reading