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Can You Challenge an Estate Plan During the Testator’s Life?

By Jill Roamer, J.D., CIPP/US January 10, 2023

If you have a client that believes a loved one was unduly influenced to change their estate plan,..

Two Stepchildren Disinherited from Family Trust

By Jill Roamer, J.D., CIPP/US December 7, 2022

Donald and Marjorie were married in 1997. Each of them had two adult children upon entering the..

Changes to Beneficiary Designations During Pendency of Divorce Case

By Jill Roamer, J.D., CIPP/US November 23, 2022

Divorce is usually a lengthy process of reaching agreements pertaining to assets and family time...

Court Clarifies California Probate Code Section 850

By Jill Roamer, J.D., CIPP/US November 18, 2022

California Probate Code 850 is infamously known throughout the state as the basis for a Heggstad..

Separation Agreement Provisions Regarding Beneficiaries Not Enforced

By Jill Roamer, J.D., CIPP/US November 4, 2022

Carol and Richard were married for 14 years but separated in 1989. As part of their separation..

Can a Client Create a Silent Trust?

By Jill Roamer, J.D., CIPP/US April 28, 2022

A silent trust is one where the beneficiaries are not aware of its existence. Why would a Grantor..

BREAKING NEWS: IRS Issues Proposed Secure Act Regulations

By Jill Roamer, J.D., CIPP/US February 24, 2022

On February 24, 2022, the IRS has issued proposed regulations regarding the Secure Act. Public..

The Role of Trust Protector in ElderDocx® Documents

By Jill Roamer, J.D., CIPP/US January 27, 2022

ElderDocx® is a powerful document drafting system. Within the system, you can draft many legal..

Malpractice Insurance Company Must Defend Attorney Despite Exclusion Clause

By Jill Roamer, J.D., CIPP/US January 4, 2022

Malpractice. The single word can send shivers down the spine of every attorney. Most attorneys have..

Does Transfer-on-Death Become Fraudulent Transfer?

By Jill Roamer, J.D., CIPP/US December 9, 2021

A new case out of the Court of Appeals of Ohio analyzes whether the beneficiary of a..

Recent Case Analysis of Undue Influence

By Jill Roamer, J.D., CIPP/US September 3, 2021

Undue Influence is when someone pressures another in such a way that the person being influenced is..

The End of a Step-up in Basis?

By Jill Roamer, J.D., CIPP/US June 2, 2021

A step-up in basis, or more accurately, a basis adjustment, has been a cornerstone of many estate..

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