Many accumulate frequent flyer miles or loyalty rewards for traveling with airlines. However, most of the larger commercial airlines do not permit mileage or points to transfer upon the death of the person who accumulated the mileage or points (the “member”). The policies of each...
The Althorp Estate, Princess Diana’s childhood home and final resting place, will likely be inherited by her nephew Louis Spencer, instead of her children, Prince Harry and Prince William. The family estate has been owned by the Spencer family since 1508, and it is presently run...
Alida Alequin, 63, cried tears of joy after her efforts to find her uncle, Luis Albino, 73 years after he was kidnapped, resulted in a family reunion. Albino was 6 years old when he was abducted from an Oakland, California park while playing with his...
Famed actress, Shannen Doherty, most commonly known for her television roles in “Beverly Hills 90210” and “Charmed”, got divorced from her husband, successful photographer, Kurt Iswarienko (“Kurt”), hours before her death in California on July 13, 2024. In contrast, Aristotle Onassis planned on divorcing former first...
The IRS announced its final rule on when an inherited IRA must be distributed to a beneficiary. If the owner of an IRA (or other retirement account) has already reached the date (the Required Beginning Date) when he or she is required to make distributions (70...
Avoiding capital gains tax is often considered in estate planning. Now some are considering “upstream planning” when a child has highly appreciated assets and his or her elderly parent does not have a taxable estate (for estate tax purposes). Generally, if you own an asset (i.e.,...
If you don’t have a will or beneficiary designation of assets, inheritance is determined by state law which is called intestate succession. If the deceased was married at the time of death but has no will, then a surviving spouse will have some inheritance rights...
Carmen Thomas, 26, who found out through a DNA sample sent to 23andMe that she was the daughter of Joseph Brown, has sued Brown’s estate for failing to include her as a part of the wrongful death settlement with a hospital and 2 doctors. The...
Although planning for disability and death should always be considered in estate planning, the potential need for public benefits or loss of valuable public benefits (such as Medicaid or Veterans’ benefits) should not be overlooked. The following are a few examples of what planning options...
It is very common for a minor to be named as a beneficiary of a will or trust. However, since a minor is presumed to lack capacity under law until reaching the age of majority, different planning options should be considered. Even when a child...
“Life is worth living as long as there’s a laugh in it” was stated in the book “Anne of Green Gables”. There can even be laughter at death as some of the following will provisions illustrate. There are also weird bequests some of which are...
Whether a will is drafted by an attorney or not, there are often mistakes that should be avoided including, but not limited to, the following: Choosing a beneficiary as a witness -This could result in disinheritance of that witness under Texas law. Self-proving affidavit not in substantial...
As of September 1, 2023, Texas law permits (although not mandatory) a court to approve a convicted felon to serve as an executor of an estate. Prior to that date, the only way a felon could serve as an executor (the one who: (1) gathers...
Home, sweet home - the most valuable asset of many. However, if you need financial assistance for long-term care, you have to be careful when making a transfer. Long-term care Medicaid (which helps pay for skilled nursing care that many seek since Medicare has limited coverage...
The Oscar-nominated film “The Blind Side” will never be seen in the same light after the recent petition by Michael Oher to terminate the rights of Sean and Leigh Anne Touhy to act as the conservator for the 37-year-old former football star who played in...
The opioid crisis is real. Fentanyl is in the news seemingly on a daily basis. Drug and alcohol addiction of a family member or relative is an issue often discussed in estate planning. A beneficiary with an addiction who receives assets outright will often simply...
Truth is sometimes stranger than fiction. Kouri Richins (“Kouri”) has been held without bail on charges of criminal homicide, aggravated murder and three counts of possession of a controlled substance (fentanyl) in connection with the murder of her husband, Eric. Based on autopsy and toxicology...
The ownership of a series of sketches (worth many millions of dollars) entitled “So you want to see the President” by famed American artist Norman Rockwell, that was originally published in the Saturday Evening Post, has resulted in an estate battle approximately 75-80 years after...
The executor named in a will is the fiduciary who is responsible for (1) collecting the assets that pass by probate; (2) paying the debts, taxes, expenses and fees of the estate; and (3) distributing the assets in accordance with the terms of the will....
It is not unusual for a parent to become estranged from a child. So, often parents consider different ways to handle their estate planning for the benefit or detriment of the estranged child. Some of the many reasons that I have been told include: (1)...
