United States: Wills/ Intestacy/ Estate Planning

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Welcome to the Mondaq Family and Matrimonial homepage, here you will find thought leadership articles, podcasts, videos and webinars providing insights covering topics such as Divorce, Family Law, Wills and Estate Planning.
Article
So, You Want To Keep The House?
When a parent passes away and leaves behind the family home, inheriting that property involves more than sentiment—it requires navigating estate administration, sibling negotiations, property valuations, and potential buyouts. Understanding the legal and financial complexities of keeping an inherited house can help families avoid costly disputes and make informed decisions about whether to retain or sell the property.
United States Family
BB
Beresford Booth
Article
A 5% Wealth Tax? Preparing Clients For California's Billionaire Tax Act
California's proposed Billionaire Tax Act would impose a onetime 5% excise tax on individuals and trusts with assets exceeding $1 billion, creating unprecedented challenges for estate planners. The retroactive application and anti-abuse provisions raise critical questions about the treatment of grantor trusts, non-grantor trusts, and beneficiary interests that deviate significantly from established federal wealth transfer tax principles.
United States Tax
WL
Withers LLP
Article
FASB’s New Fair Value Standard May Bolster Marketability Discounts In Estate Planning
The Financial Accounting Standards Board issued Accounting Standards Update 2026-03, Fair Value Measurement (Topic 820): Investment Companies with Equity Securities Subject to Contractual Sale Restrictions, on September 9, 2026. While the update is aimed at investment company accounting, it could benefit estate planners and valuation professionals who regularly defend marketability discounts on closely held and restricted stock.
United States Tax
LL
Liskow & Lewis
Article
How The Great Wealth Transfer Will Lead To Increased Probate Litigation: What You Need To Know
As the Silent and Baby Boomer generations transfer an estimated $84.4 trillion in wealth through 2045, estate planning attorneys anticipate a surge in probate disputes driven by complex family structures, cognitive decline, and DIY estate documents. This analysis examines the key factors fueling the Great Wealth Transfer litigation wave and explores proactive strategies families can employ to minimize future conflicts.
United States Family
CK
Conn Kavanaugh Rosenthal Peisch & Ford
Article
Yours, Mine & Marital: What Marriage Really Means For Your Assets
Managing Partner Meighan Harmon and Associate Reed Chisenhall explore the critical distinctions between marital and non-marital property, examining how assets brought into marriage are classified and protected. The discussion delves into commingling effects, tracing requirements, proper recordkeeping practices, and the role of prenuptial agreements in safeguarding separate property.
United States Family
SD
Schiller DuCanto & Fleck LLP
Article
The Creator Economy Meets Estate Planning: Protecting And Transferring Digital Businesses
As the creator economy continues to expand, individuals who derive income from digital platforms face a critical estate planning question. For those who already have an estate plan, that plan may not adequately address the unique challenges of managing, valuing and transferring digital businesses, leaving these increasingly valuable assets vulnerable to confusion, lost revenue and family conflict.
United States Wealth Mgt
WD
Wiggin & Dana
Article
Caregiver Inheritances: When A Late-In-Life Change To A Will Raises Red Flags
When an aging parent leaves a significant portion of their estate to their caregiver, families often question whether the bequest reflects genuine intent or undue influence. Washington courts have recently addressed this tension, upholding legitimate caregiver inheritances while also recognizing red flags that warrant closer scrutiny, including isolation, control over legal processes, cognitive decline, and dramatic departures from long-standing estate plans.
United States Family
Sr
Stokes Lawrence, P.S.
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