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By Ellen S. Morris | April 4, 2023
Personal representatives and trustees are both held to the same standard of care as specified in Fla. Stat. 733.602(1), 733.609(1) and 736.0804. Personal representatives and trustees must both make prudent investment decisions and employ prudent investment strategies.
10 minute read
By Tanya N. Helfand and Jacqueline F. Pivawer | March 31, 2023
If the asset principal is never comingled, it will remain exempt from equitable distribution except; however, income earned off this exempt asset may be considered for calculation of child support or alimony.
13 minute read
By William L. Tucker | March 30, 2023
With the influx of new residents comes many out-of-state wills drafted under varying state laws. Whether out of state wills are valid under Florida law is a question being addressed in probate matters more and more each year.
6 minute read
By Ilene Sherwyn Cooper | March 30, 2023
Recent weeks have seen Surrogate and Appellate Court opinions addressed to a multitude of issues affecting trusts and estates practice. This month's column will examine there of those decisions of interest.
8 minute read
By Charles Toutant | March 24, 2023
New York attorney P. Gregory Hess of Davidson, Dawson & Clark was not admitted in New Jersey when he visited the state to help an elderly woman execute her will from her hospital bed.
4 minute read
By New Jersey Law Journal | March 20, 2023
In this special section, read about claiming elective share, estate planning for same-sex couples, and more.
2 minute read
By Jordan M. Wassel | March 20, 2023
While there is the obvious advantage of filing just one fiduciary tax return between the two entities, there are numerous other advantages of making a §645 election.
7 minute read
By Diane Hoagland and Joseph D. Palombit | March 20, 2023
This article explores various court opinions that addressed the disposition of remains where there was a disagreement between two next-of-kin of equal statutory standing, and what trusts and estates attorneys can learn from them to resolve future disputes of this nature.
8 minute read
By Lisa S. Presser and Brian M. Balduzzi | March 20, 2023
This article explains how the Respect for Marriage Act impacts married same-sex couples in their estate planning, while identifying opportunities for families and advisors to better plan, prepare, and protect for probate, incapacity, and taxes.
9 minute read
By Jillian A. Centanni | March 20, 2023
If no assets are bequeathed to the surviving spouse in a last will and testament, then the surviving spouse may bring a claim for elective share in the Superior Court within six months after the appointment of a personal representative of the decedent's estate.
13 minute read
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