David Shulman

I was talking to someone the other day who wanted to change their Will, which was not originally drafted by me, and asked me if I would do a a codicil for them. I told them no. While I would be happy to draft a new will from scratch, I don’t do codicils to wills...

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I have new clients, a same-sex couple. When interviewing them about their assets, they told me that they own their home as joint tenants with rights of survivorship (JTROS), and not as tenants-in-common (TIC). In brief, the difference between the two are as follows.  If two people own property as JTROS, then upon the death...

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In today’s (October 15, 2009) Wall Street Journal, there is an article entitled “Is There a Trap Lurking in the Language of your Will?” written by reporter Laura Sanders. The article correctly points out that many semi-wealthy couples may have a serious problem in their Wills.  By “semi-wealthy” I mean estates worth up to $4...

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Incapacity planning can prevent a guardianship. Although I often write about estate planning and taxes, an essential part of our practice also concerns Guardianships. A court will appoint a Guardian of a person if the court determines them to be incapacitated, or “judicially determined to lack the capacity to manage at least some of the...

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