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There are many reasons why someone would want to disinherit their child in his or her will. Perhaps the parent disapproved of a life choice of the child such as marrying the wrong person or entering the wrong profession. Perhaps the child committed an unforgivable act...
On June 21st, 2019, the U.S. Supreme Court released its unanimous opinion in North Carolina Department of Revenue v. The Kimberley Rice Kaestner 1992 Family Trust, No. 18-457, 586 U.S. ___ (2019), holding that the presence of in-state beneficiaries alone did not...
Picture this scenario that could come up in estate administration. A testator creates a last will and testament that leaves his entire estate to his first wife. Many years later, the testator divorces the first wife and subsequently marries his second wife. The...
A recurring plot in books, film or television is the story of the childless bachelor billionaire who dies and his vast wealth is inherited by a distant relative who probably had no idea he or she was related to the billionaire in the first place. Adam Sandler plays a...
In the past, illegitimacy used to be a significant social stigma. A child born out of wedlock faced many legal handicaps including, but not limited to, the right of the "love child" to inherit from the married parent. These barriers have largely been swept away, but...
Income in respect of a decedent (IRD) is untaxed income that a decedent has earned or had a right to receive during his or lifetime. Sources of IRD include, but are not limited to, the following:Uncollected salaries, wages, bonuses, vacation pay and sick pay earned...
The death of the primary breadwinner in a family unit is a devastating loss both emotionally and financially. Fortunately, Michigan law provides measures to protect the widowed spouse and dependents while the decedent's estate is being settled by the personal...
Michigan law permits you to name a funeral representative to make decisions regarding your final funeral arrangements and disposition of your earthly remains. Public Act 57 of 2016, effective June 27th, 2016, allows you to legally designate a decisionmaker to carry...
Very often, decedent's estates may not have sufficient assets to satisfy all of the claims against them, let alone have anything left to provide a meaningful inheritance to the heirs. A probate proceeding could appear more like a bankruptcy with creditors clamoring to...
When you draft your last will and testament, you are free to leave your property to almost anyone you choose. However, deciding who gets to inherit from you is also deciding who doesn't get to inherit from you. You can make provisions to disinherit your children if...