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Step-Children and Disinherited Children Might Have Rights — It Depends

NOVEMBER 12, 2012 VOLUME 19 NUMBER 41 A prospective client asks: “Can my mother cut me out of her will after my father dies? His will leaves everything to the children after her death.” That deceptively simple question comes in a number of variations (like: “My mother’s will left everything to her children, but her …

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LLC Interest Not Transferred to Trust During Life, is Subject to Probate

OCTOBER 8, 2012 VOLUME 19 NUMBER 37 Bear with us. This story will be a little dense and involve more difficult legal issues than we usually like to tackle. The good news: at the end you get an honorary law degree. Well, not really — but you’ll probably deserve one. Matt Silver (not his real …

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“In Terrorem” Provision Does Not Violate Public Policy

OCTOBER 1, 2012 VOLUME 19 NUMBER 36 From time to time we have written about what lawyers usually call “in terrorem” provisions in wills and trusts. They are perhaps better known as “no-contest” clauses, and they are intended to prevent will (or trust) contests after the death of the signer. Typically, they say something like: …

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We Suggest Two Positive Things About Probate — But Not Too Vigorously

SEPTEMBER 24, 2012 VOLUME 19 NUMBER 36 Two weeks ago we wrote about why you might want to plan your estate with an eye toward avoiding probate. We hope you concluded, with us, that the probate process may not be as onerous as one would believe based on its bad reputation. We concluded with a …

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