Category Archives: Estate Planning

Supreme Court finds DOMA Section 3 Unconstitutional

On March 27th of this year the Supreme Court held oral arguments in U.S. v. Windsor (“Windsor“).  Windsor involves federal laws and benefits, and their applicability to same-sex marriages. You can read my previous thoughts on the Windsor case here. … Continue reading

Posted in DOMA, Estate Planning, Federal Estate Tax, Same-Sex Couples, Supreme Court, Survivor Benefits | Tagged , , , , , | 2 Comments

Windsor Argument Today at Supreme Court is about Estate Tax

I am taking a break from my series of posts on the Basics of Probate Administration in the District of Columbia to address current events before the Supreme Court that could have wide ranging impact on estate planning. I mentioned … Continue reading

Posted in DOMA, Estate Litigation, Estate Planning, Federal Estate Tax, Same-Sex Couples, Supreme Court, Wills | Tagged , , , | 1 Comment

The Fiscal Compromise and Estate Planning

Luckily… It is a few days since the world was allegedly going to end – either on the Mayan Calendar or the Fiscal Cliff Calendar – and we survived. We also got an answer to the question of whether there … Continue reading

Posted in Assets, Estate Planning, Federal Estate Tax, Income Tax, Portability | 1 Comment

Will there be an Estate Tax Fix in 2013?

It’s been about ten days since the Presidential election and with everyone relaxing a little, now is a good time to talk about what the election results mean for the estate tax and estate planning.  If you are not aware, … Continue reading

Posted in Estate Planning, Federal Estate Tax, Gift Tax, Income Tax, Portability | 2 Comments

The Need for Digital Estate Planning

There is a new show on NBC called Revolution. The premise of the show is that there has been a worldwide blackout and all the electrical devices have shutdown. No TV. No computer, no A/C, etc.  The blackout has lasted … Continue reading

Posted in Digital Assets, Digital Estate Planning, Estate Planning, Personal Representatives | 3 Comments

The Driverless Car and Estate Planning

In today’s Wall Street Journal there was section on the future of automobiles.  The first article, titled “Nobody Behind the Wheel,” described how the future of the driverless car is coming.  The other article, titled “Trucks Will Roll Down an … Continue reading

Posted in Advanced Medical Directives, Asset Ownership, Durable Power of Attorney, Estate Planning, Intestate, Joint Tenancy | Leave a comment

How to Estate Plan for That Unusual Asset

As most people know, I am a very big NFL football fan. Unfortunately, poor estate planning and NFL football players goes hand-in-hand, as you can read here, here and here. However, even regular fans in the stand, watching the games have estate planning issues … Continue reading

Posted in Assets, Atypical Asset, Estate Planning, Intestate, Season Tickets, Wills | Leave a comment

What is a Pretermitted or Omitted Child?

I draft numerous plans for couples that have started a family. Many times, the couple will execute their estate plan after the birth of their first child but plan on having additional children. Most clients in this position will ask … Continue reading

Posted in Estate Planning, Omitted Child, Pretermitted Child, Probate, Survivor Benefits, Wills | 2 Comments

Virginia’s New Domestic Asset Protection Trust

Well, I hope you have power. My house didn’t get power until July 4th – nice Independence Day present – and I have been trying to catch-up, ever since.  Before the power went out last Friday, one of the items … Continue reading

Posted in Asset Protection, Estate Planning, Irrevocable Trusts, Self-Settled Irrevocable Trusts, Trusts, Virginia | Tagged , , | Leave a comment

Trustee Part VI…Having Co-Trustees Might Not be a Great Idea

For the last several posts on the Trustee, I have been teasing out why it might not be advisable to appoint or name co-Trustees to your trust, and more importantly, successor co-Trustees once you have passed away. The last several … Continue reading

Posted in Estate Litigation, Estate Planning, Revocable Living Trusts, Trustee, Trusts | 7 Comments