The U.S. Supreme Court recently rules that “the presence of in-state beneficiaries alone does not empower a state to tax trust income that has not been distributed to the beneficiaries where the beneficiaries have no right to demand that income and are uncertain to ever...
A court has ruled an attorney was incompetent for advising his client, who was acting as agent for his brother pursuant to a power of attorney, to transfer assets to himself notwithstanding a lack of authority. Most people think (apparently, including some attorneys) that a...
Pursuant to the terms of the Last Will and Testament of a Virginia dog owner, the named executor was required to have the owner’s healthy pet dog (which is personal property in Virginia as it is in Texas) euthanized so that the dog could be...
The goal of a self-proclaimed “cat lady”, who is on Medicaid, is to make sure her 14 cats are adequately cared for after her death. However, her only assets are her home, car and a small bank account. Her home and car are “non-countable” resources...
The fate of French rock star Johnny Hallyday’s $112 million estate hangs in the balance due to his Instagram account. Hallyday, who lived in California for approximately ten years prior to his death in December 2017, was survived by his fourth wife and their two...
Do you bank online? Do you have a Facebook, Twitter or Linked In account? Do you have an app such as Shutterfly? What about Bitcoins? These are all examples of digital assets (see our article about estate planning issues concerning digital assets by clicking here). As a...
Texas has increased the value of estate assets, excluding a homestead (if there is an exemption such as a surviving spouse or unmarried child living in the home and using it as their homestead) and other exempt property, to $75,000.00 which can pass to heirs...
Many are surprised that financial powers of attorney do not have to be recognized by others including banks and other financial institutions. If the principal (the one who signs the power of attorney) becomes incompetent and the one who is presented with and asked to...
