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Articles Posted in Estate Planning

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A Quick Guide to Reverse Estate Planning

Estate planning relies on a countless number of assumptions. One assumption is that assets only flow in one direction: from older person to younger person. In reality, this does not always have to be the case. By making the most of some unconventional estate planning techniques, people can realize some…

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Alternatives to Living Trusts

You might have considered utilizing a living trust. Often, these trusts are a good idea if a person wants to maintain assets for loved ones without subjecting assets to significant taxes or probate. In reality, however, people often forget a whole range of other types of trusts including revocable and…

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Understanding Special Administrators: Lessons Learned from In Re Estate of Jones

The South Dakota Supreme Court recently reversed a circuit court’s order denying a petition pursuing appointment of a special administrator to seek a wrongful death claim for a deceased man’s estate. The Supreme Court held that the circuit court abused its discretion in failing to address certain discovery motions before…

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The Residential Property Condition Disclosure Act and Estate Planning: Lessons Learned from Rickard v. Coulimore

In the recent case of Rickard v. Coulimore, the plaintiff purchased the subject residential real estate from a living trust. The plaintiff then initiated against the trust owners over damages connected to defects in the property that they had failed to disclose. The Oklahoma Supreme granted certiorari to assess an…

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What to Consider Following the Increase in the Annual Gift Tax Exclusion

In 2022, the annual exclusion for federal Gift Taxes was increased to $16,000 per individual annually. Even though a near-universal acceptance exists that gift-giving can play an important role in estate planning, a person should consider various issues before making gifts. The way that gifts are made can have a…

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