Estate Planning
: Wills, Trusts & Estates Prof BlogA check issued to the decedent prior to death and cashed afterwards is cash owned at death
By Trusts EstatesProf (index)
The decedent?s will gave his surviving spouse one-half of cash owned at death including bank accounts, certificates of indebtedness, and ?in any other form.? Under authority granted by a general power of attorney, the decedent?s wife picked up a dividend...
Full post as published by Wills, Trusts & Estates Prof Blog on August 17, 2008 (boomark / email).

What Is The Federal Estate Tax?
The Federal estate tax is a tax on the right to transfer property at death. The tax is applied to estates for which at-death gross assets, the "gross estate," exceed the filing threshold...
Trust Provision interpreting distribution to someone who dies before distribution is complete.
Bryan v.Dethlefs, 959 So. 2d 314 (FIa. 3d DCA May 16, 2007) The decedent?s trust stated, "Upon my death, the then balance of principal and accumulated income remaining in the trust fund shall be distributed to my grandson, Robert R...
What I Learned About DNA Testing
I recently had a case that involved DNA testing. My client asked me to help her prove that she was the child of a recently-deceased man (who never married my client's mother)...
IRS TO USE REGULATIONS TO WRITE KOHLER DECISION UNDER SECTION 2032 OUT OF THE LAW
Under Code Section 2032, an estate can elect to value its assets for estate tax purposes on a date that is six months after the death of the decedent, instead of on the date of death...
Specific Gifts and Drafting Flexibility
Most Wills and trusts I draft follow a pretty basic framework: -first, the decedent can give away specific gifts of cash and/or property, if he or she wishes; -then, the decedent disposes of the so-called "residue" of his or her estate...
Father by Court order remains Father after Death of Child
Glover v. Miller. 947 So.2d 1254 (Fla. 4th DCA January 31, 2007) After a 16-year-old child was killed by a police officer, two separate men claimed they were his father and asserted the right to be appointed personal representative of the child?s estate for purposes of pursuing a wrongful death action...
Military Veterans Benefits
How to obtain full range of benefits for veterans and dependnets
My fiance's check is DD into a local credit union. Bank seems to have a pattern of "invisibly holding" charges from the debit card until just HOURS before his DD is processed (and this is after hours, of course). Over th
Have your fiance take the information you've collected and go into the bank...
How can i sue for a straw purchase?
Anyone can co-sign. A straw purchase would be if you has someone buy the car for...
Can my employer threaten me with termination if I don't seek a transfer to another department?
In many jurisdictions, employees are "at will". This means that their employmen...
How to get a used car dealer to honor warranty for repairs required two weeks after purchase?
What was the defect? Rust? A hole? Bad converter? Broken hangers? If it was rust...
How to collect a personal loan from a spouse?
You local court will probably have someone to offer you some assistance as you p...
Wrongful Death
alleging death was caused by the conduct of negligent defendant.
Taser Death
allegedly directly causing or leading to complications resulting in death.
Steelworker's Death
Prost Builders Inc. and Pro Building Solutions Inc. agree to $335,000 settlement after employee falls to his death.
Falling Tree
City of Anaheim pays $700,000 wrongful death settlement after tree crushes a man to death while in his van.
Death Prompts Diving Suit Hose Recall by SI Tech
Diving Suit Hoses Recalled by SI Tech Following Death of Diver
Family Awarded $6.7M in Wrongful Death Suit
Family Awarded $6.7M In Wrongful Death Suit

My fiance's check is DD into a local credit union. Bank seems to have a pattern of "invisibly holding" charges from the debit card until just HOURS before his DD is processed (and this is after hours, of course). Over th
Have your fiance take the information you've collected and go into the bank...
How can i sue for a straw purchase?
Anyone can co-sign. A straw purchase would be if you has someone buy the car for...
Can my employer threaten me with termination if I don't seek a transfer to another department?
In many jurisdictions, employees are "at will". This means that their employmen...
How to get a used car dealer to honor warranty for repairs required two weeks after purchase?
What was the defect? Rust? A hole? Bad converter? Broken hangers? If it was rust...
How to collect a personal loan from a spouse?
You local court will probably have someone to offer you some assistance as you p...








