Questions and Answers About Arizona’s “Beneficiary Deed”
MAY 7, 2001 VOLUME 8, NUMBER 45 Last week Elder Law Issues reported on Arizona’s new “Beneficiary Deed” statute. A law passed by the Arizona legislature this year creates a new, simpler way to pass title to real property, without any requirement of probate and avoiding the cost of establishing a living trust. A number […]
Family Feud Consumes Millions And Leads To Court Sanctions
MARCH 19, 2001 VOLUME 8, NUMBER 38 Discussions about repeal of the federal estate tax often focus on the notion that farms and businesses are threatened by taxing assets at the death of the family patriarch or matriarch. Opponents of repeal, on the other hand, argue that it is family and business dynamics that usually […]
Wife Sues Lawyer For Failing To Advise Disclaimer Of Insurance
FEBRUARY 26, 2001 VOLUME 8, NUMBER 35 Craig Fitzgerald was a successful accountant living in New Jersey; when he died he left three children and a wife. In the immediate aftermath of the unanticipated loss of her husband, Joan Fitzgerald did not realize that she had estate planning problems of her own to deal with. […]
Same-Sex Couples Can Face Higher Estate Tax Liability
OCTOBER 30, 2000 VOLUME 8, NUMBER 18 Gay and lesbian couples need to take special steps to make sure that their wishes are carried out at death. The law makes some assumptions about the intentions of married couples—that they usually intend to leave their property to one another, for example. There are also tax rules […]
“Inartfully Drafted” Will Leads To $500,000 Estate Tax Dispute
SEPTEMBER 18, 2000 VOLUME 8, NUMBER 12 Lawyers’ clients often complain about the language of the law—it seems unnecessarily strained and convoluted. Even as lawyers try to capture their meaning in more conversational tones, an occasional case will demonstrate the importance of precise language. Kenneth Starkey, whose will was written by his lawyer son, is […]
House Passes Estate Tax Repeal Bill, But Its Future Is Uncertain
JUNE 12, 2000 VOLUME 7, NUMBER 50 The big news in the elder law and estate planning field this week was the Friday passage (by the House of Representatives) of a bill to repeal the federal estate tax. The vote to repeal was lopsided, with a 279-136, with 65 Democrats joining the Republican majority. Does […]