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Estate can’t sue lawyer for negligent tax planning (access required)

Published: March 13, 2013

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The administrator of a client’s estate could not maintain a legal malpractice action for alleged negligent estate planning that resulted in increased tax liability, the Kansas Supreme Court has ruled in affirming judgment.

Higher tax rates on trust income mean more work for lawyers (access required)

By: Sylvia Hsieh
Published: February 28, 2013

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In the aftermath of the fiscal cliff deal, trusts now face much higher taxes on income.

New landscape for estate planning attorneys (access required)

By: Sylvia Hsieh
Published: January 10, 2013

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The new law that averted the “fiscal cliff” contains major changes for estate and gift tax rules that will affect not only the advice lawyers give to their clients, but the future landscape of estate planning law for years to come.

Ownership of digital assets concern for estate planners (access required)

By: Correy Stephenson
Published: January 3, 2013

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So much of an individual’s life now appears online, including bills, Facebook accounts and photo-sharing websites. But what happens to those assets when a person dies?

Trust beneficiaries have standing to sue trustee (access required)

Published: December 26, 2012

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The beneficiaries of a revocable trust had standing to sue the trustee for breach of fiduciary duty allegedly committed while the settlor was alive, the California Supreme Court has ruled in reversing judgment.

New Year brings more uncertainty over estate tax (access required)

Published: December 18, 2012

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WASHINGTON – As the budgetary wrangling between the White House and Congress continues, the only thing that is clear is that an agreement on long-term estate tax reform is unlikely. That means federal estate tax rate hikes and the loss of certain planning tools are looming for January.

Lawyer didn’t forfeit malpractice coverage (access required)

Published: November 15, 2012

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A lawyer didn’t violate a condition of his malpractice insurance coverage by admitting that he had made a mistake in drafting a will, the Illinois Appellate Court has ruled in affirming judgment.

Annuity didn’t render patient ineligible for Medicaid (access required)

Published: October 4, 2012

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A non-assignable annuity contract that provided income to the spouse of a nursing home patient did not count as an excess resource that needed to be spent down for the patient’s Medicaid eligibility, the 2nd Circuit has ruled in affirming judgment.

State AGs weigh in against DOMA (access required)

Published: September 18, 2012

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The 2nd Circuit should strike down the Defense of Marriage Act as an unconstitutional violation of the equal protection rights of same-sex couples, a trio of state Attorneys General argues in a new brief.

Estate planning app launches (access required)

Published: August 30, 2012

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There really is an app for everything – even estate planning.

A tech company has released an estate planning app which allows attorneys to customize an application that clients can use to manage their estates.

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