Tag Archives: Wills

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Do Not Leave your Personal Representative in the Dark

When a will is drafted for an estate plan, always compile a complete list of intestate heirs, including their addresses. Intestate heirs are relatives who would inherit if there were no will. When a will is probated it is necessary to notify all heirs, not just named beneficiaries and devisees. Excluded beneficiaries must have the opportunity to challenge the will Read More


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Beneficiaries in Orange

On a “listserv” we both read, a colleague, Nathan Piwowarski, posted a helpful explanation about litigating SCRA cases. He also provides tips on how a trust should be drawn up to avoid claim of the Michigan Department of Corrections for reimbursement for the costs of imprisonment. His remarks build on my post: “Chains of Blood; Bars of Steel.” He has Read More


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Michigan Designated Funeral Representative

A new law, 2016 Publ. Act 57, effective June 27, 2016, authorizes a person identified as the declarant, to designate a funeral representative to make decisions about postmortem funeral arrangements and the handling, cremation, disposition, or disinterment of the declarant’s body. MCLA 700.3206(2)(a).  The Act includes authority for cremation and determination of the right to possess the cremains, which is Read More


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Judicial OCD in Tennessee

In Frustrating the Intent of the Testator, I observed that many appellate courts seem to delight in invalidating wills that were clearly executed by the testator.  If judges take pleasure in destroying the estate plans of the recently departed, Hon. Kenny Armstrong of the Tennessee Court of Appeals should be rapturous to the point of wetting his pants in having Read More