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The Legal Intelligencer

Practical Issues in the Portability of the Deceased Spousal Unused Exclusion Amount

At death, an individual who made no taxable gifts during life will have the entire basic exclusion amount remaining. An individual who made taxable gifts during life will have something less than the full basic exclusion amount remaining since a portion would have been applied to those lifetime gifts. In either event, the remaining basic exclusion amount, full or partial, will be available to apply against taxable transfers occurring at the individual's death.
9 minute read

Texas Lawyer

Houston Jury Rules for NASA Widow, Awards $1.7 Million

The two-week trial centered around the interpretation of the last will and testament of Alan Bean and the corresponding administration of his estate, including claims of breach of fiduciary duty against both of the co-executors for their roles in the administration of Alan Bean's estate.
3 minute read

Connecticut Law Tribune

Police Said His Client Was at Fault, But Lawyer's Probe Yielded a $250K Settlement

"I love digging into the evidence and trying to find the key pieces—the needle in the haystack, so to speak," plaintiffs lawyer Mike Snellings said.
4 minute read

The Legal Intelligencer

Estate Planning for Low-Income Individuals: Avoid DIY Documents

Regardless of a client's income level, and even for clients with seemingly straightforward goals, DIY estate planning is generally not a good idea for many reasons.
8 minute read

Law.com

State Appeals Court Nixes Attorney Fee Award, Finding Party Can Still Obtain Relief After Losing on Merits

In a trust and estate case that has been ongoing since 1999, the Arizona Court of Appeals has sided with petitioners who argued their award was $190,000 short due to attorney fees that were improperly granted to an estate.
5 minute read

The Recorder

Proskauer Rose Legal Malpractice Suit Claims Firm Charged 'Excessive and Unconscionable' Fees in Trustee Dispute

The suit, surfaced by Law.com Radar, claims Proskauer Rose estimated that legal fees in the matter would total $100,000 or less but charged millions of dollars.
3 minute read

Texas Lawyer

'They Blow People Off': Changes Needed at Commission on Judicial Conduct?

"There has to be a culture change at SCJC," said Jay Dickens, an advocate for a handicapped ward.
4 minute read

Daily Business Review

New York's Moritt Hock & Hamroff Opens in Fort Lauderdale With Focus on Midmarket Finance and Wealth

"We were getting a lot of inquiries from our New York financial institutions about their expanding role in Southeast Florida and that they were underserved in the middle market space," managing partner Marc Hamroff said.
3 minute read

The Legal Intelligencer

International Income and Estate Tax Planning for Cross-Border Clients

The United States has specific income tax rules for noncitizen nonresidents (NCNRs), and it has an entirely different estate and gift tax regime for NCNRs, creating traps for the unwary cross-border client.
7 minute read

Law.com

State High Court Adopts Restatement of Restitution, Unjust Enrichment Regarding 'Common Fund'

"What our court did was actually make clear that we do adopt common fund doctrine. The circuit court judge did not think we did. Almost every state and federal court that I could find recognizes it," said David J. Romano, an attorney who sought fees and costs after negotiating a separate $2.23 million settlement fund on behalf of unknown heirs.
5 minute read

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