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Court Considers How a Will Must be Proved for Probate

Mississippi law addresses two methods to determine the validity of wills. A “holographic” will is written entirely in the willmaker’s handwriting and signed at the bottom, with authenticity of the…

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When Can a Lost Will Be Probated

The Court of Appeals of Tennessee holds that a woman failed to rebut the presumption of revocation when attempting to admit a copy of a missing will to probate. In…

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Children Stood to “Gain or Lose” in Will Contest and Therefore Had Standing (Mo. App.)

An August 2024 court opinion pointed out the importance of understanding who will inherit assets that are handed down through families and of taking specific planning actions to assure those…

Continue ReadingChildren Stood to “Gain or Lose” in Will Contest and Therefore Had Standing (Mo. App.)

POA’s Duty to Act in Principal’s Best Interest Is Not Waivable; Choose Your Agents Wisely!

We have often been asked to advise the fiduciaries appointed by estate planning clients about their legal duties.  An agent under a power of attorney has a legal duty to…

Continue ReadingPOA’s Duty to Act in Principal’s Best Interest Is Not Waivable; Choose Your Agents Wisely!

New Rental Assistance Rule May Expand Benefits for SSI Recipients

The Social Security Administration (SSA) has published a final rule simplifying and expanding its rental subsidy program for Supplemental Security Income (SSI). Effective September 30, 2024, the new rule is…

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Does Divorce Affect Social Security Spousal Benefits?

More than 50 million Americans receive Social Security retirement benefits. Most of these recipients are retirees who worked and paid Social Security taxes. But millions of dependents and survivors of…

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Disinherited Daughter Takes Estate Under Inheritance Rules

The Maine Supreme Judicial Court finds that an estranged, intentionally disinherited daughter inherits under the intestacy statute because the will’s sole beneficiary predeceased the testator. In Estate of Giguere (Me.…

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What Is the Difference Between a Will and a Trust?

Wills and trusts are foundational estate planning tools. While each is used to distribute assets to beneficiaries, they do so in different ways. Each also has its own distinct uses…

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Good News for Medicare Advantage, Medicaid Patients in 2026

If you need a medical procedure, you may have to hold off on treatment until you have received approval from your health insurance plan.  In many cases, Medicare Advantage and…

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5 Ways to Update Your Estate Plan After a “Gray” Divorce

Deciding to end a marriage as an older adult is increasingly common. If your marriage ended later in life, you could be part of the “gray” divorce trend.  AARP reports…

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