Educational FYI's

Educational FYI's are written on topics that effect various aspects of estate planning and the laws that govern it. They are published and posted to this site when news worthy events happen that we feel you should be made aware of. The purpose of an Estate Planning Update is to bring important information to the financial advisors in the community. Our hope is that this information better equips you to assist your clients.

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Legacy, APC releases important estate planning and related articles when there are changes in the law that we feel have an especially large impact. Please take a moment to register to receive full access to our Educational FYIs.


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Personal Representative's Attorney Fees Chargeable Against Estate

The personal representative, in an estate administration contest, filed a seventh accounting and a request that the estate be closed. Family members objected, accusing the personal representative of conflicts of interest and failure to advise the beneficiaries about actions proposed to be taken by the decedent's partner (who was also a client of the personal representative). The personal representative retained counsel and the parties participated in extensive litigation resulting in the trial court removing the personal representative, denying requests for surcharge against him, and denying his request for payment of $589,441.28 in attorney's fees and costs.

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Photocopy of Will is Not "Duplicate Original"

After a decedent's death, his original 1987 will could not be located. However, a photocopy of that will was in his personal papers. There was no indication of any intent to revoke the will other than the fact that the original was missing.

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Article of Interest on Intestacy

You may be interested in reviewing the article on the laws of intestacy in the various states.

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Senate Resolution Freezes Estate Tax for Two Years

Senate Resolution 21, 110th Cong. 1st Session, passed the Senate by a vote of 91 - 1.

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New Study Finds Changes Needed to U.S. Health System to Accommodate Needs of Boomers

The aging baby boom generation is likely to increase the nation's disabled population, and a study says the United States needs a better system to provide care for them. More than 40 million Americans currently have some sort of disability, the Institute of Medicine reported Tuesday.

READ MORE Read the eFYI titled: New Study Finds Changes Needed to U.S. Health System to Accommodate Needs of Boomers


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