State Rules

These sections cover specific rules and laws in Maryland, Pennsylvania and Virginia, the author’s states of licensure.

Last Week in Estate Planning (July 3 to July 9, 2011)

300px-Over_the_posts!_-_geograph.org.uk_-_357182

In the previous “Last Week in Estate Planning” entries, I placed the “Post of the Week” at the bottom as a way of building suspense.  However, I have been advised that burying the lead in a blog post is perhaps imprudent. So now, the “Post of the Week” goes first, which is especially appropriate given…

Read more »

Last Week in Estate Planning (June 26 to July 2, 2011)

75px-Commuter.VRE.LEnfantStation.7th.SW.WDC.25Jine2008

A happy Independence Day to everyone!  I hope your extended weekend is enjoyable, satisfying, and cool.  Hopefully, the following list will help condense the amount of time you spend reading estate planning articles and posts during the holiday. Top Stories of the Week Individual State Developments In Florida:  “New Legislation, Part II”, Jeffrey A. Cramer, Esq.,…

Read more »

Last Week in Estate Planning (June 17 to June 25, 2011)

2369111942_81d5ba4819_s

While reviewing last week’s blogs and articles, imagine the fantastic surprise I got when I saw Julie Garber’s recent “Estate Planning Roundup” article on about.com blog commending this blog.  That’s really some compliment — I have always thought her blog is one of the best, especially in terms of timely information and readability.  She has…

Read more »

Last Week in Estate Planning (June 10 to June 16, 2011)

3327041430_3ab6e0a2a3_s

Here are links to the top estate planning stories and developments of last week. By the way, I receive absolutely no financial remuneration from recommending any of the following choices.  I believe this enables me to give an unbiased view of what, IMHO, is the best in topical and quality work from estate planning colleagues…

Read more »

State Law Differences Regarding Spousal Disinheritance

2145676_4351be8d83_s

We have talked a bit lately about how estate planning cannot meet a one-size-fits-all approach.  While this is primarily due to the differing situations and desires of each individual, it also has to do with the significant variations in state law.  Read more...

Read more »

Would You Like That “Per Stirpes” or “Per Capita”?

75px-Ahnenblatt_FamilyTree

There are many scenarios in estate planning where a deceased person receives a gift of property.  Someone’s will may not have been amended in time.  A trust drafted many years ago leaves an asset to several siblings, one of whom has passed away since the document was created.  State intestacy laws designate assets to classes…

Read more »

Will Contests: 10 Ways to Protect Against Estate Plan Challenges

Black Sheep

Getting your will drafted is a daunting enough process without worrying about whether or not to disinherit family.  If you anticipate that anyone will try to challenge your will, then your estate planning documents should provide as much protection as possible against a “will contest”.  Read more...

Read more »

MDP Ethics (or “I’m a CFP Again, But Keep it on the Down Low”)

75px-Nationaal_Canadees_Bevrijdingsmonument_Henk_Visch_Loolaan_Apeldoorn_

I would like to take this opportunity to announce that I am once again a Certified Financial Planner (CFP).  I took a brief hiatus from this designation but now have re-qualified.  I am now entering my 15th year of CFP-dom.  Read more...

Read more »

1600 Words about a 100-Word Addition to Virginia Trust Law (Part III)

300px-Wattenstaafje

In the first two parts of this topic, we covered the attempt to unify trust law throughout the United States and Virginia’s brief new amendment to its version of the Uniform Trust Code.  Now, to close the loop, we conclude by giving further detail to two important types of marital deduction trusts briefly mentioned in…

Read more »

1600 Words About a 100-Word Addition to Virginia Trust Law (Part II)

300px-Virginia_painted_relief

In Part I of our discussion, we introduced the Uniform Trust Code and why Virginia would deviate from it.  Today, we explain Virginia’s rationale for changing its law on creditors’ rights to annual gifts into a trust and to inter-vivos marital deduction trusts. What was Virginia’s concern regarding annual gifting into a trust?  Read more...

Read more »