Author Archives: Jay Butchko
Green v. McClintock: A Case of Competing Wills and Undue Influence
Most people’s wills do not contain major surprises. Even if the deceased person does not show their will to any family members while they are alive, they usually leave their estate to their closest relatives. If someone else other than a spouse, son, daughter, sibling, niece, or nephew is to inherit a large share… Read More »
The Castruccio Case: A Dispute Over a Codicil to a Will
As long as you are alive, the terms of your will are not set in stone. Revising one’s will at least once is the rule rather than the exception. For this reason, disputes sometimes arise when family members or other people listed as personal representatives bring differing versions of the will to court for… Read More »
The Owners of Two Businesses Signed a Partnership Agreement, but Then One of Them Started Treating the Other Like a Tenant
Things get complicated when small businesses get big. One of the most memorable episodes of Reading Rainbow featured the book Little Nino’s Pizzeria, about a family that owns a small neighborhood restaurant. An investor approaches Nino and convinces him to open a bigger restaurant, but while customers enjoy Big Nino’s as much as its… Read More »
What the Coronavirus Economic Panic Means for Your Estate Plan
Even if you are an expert at avoiding media hype, you can’t avoid noticing that the novel coronavirus, COVID-19 has almost everyone worried, even though only a few cases have been reported in the United States. In crowded places like malls and Metro stations, you probably see more people wearing surgical masks than you… Read More »
Undue Influence Does Not Always Involve a New Friend or Spouse Manipulating a Vulnerable Elderly Person
Undue influence is a common reason for family members to contest wills during probate. The stereotypical undue influence case is when a new friend or love interest quickly forms a close relationship with an elderly person who is vulnerable because of ill health or the recent loss of a spouse. The undue influencer convinces… Read More »
If You Sell an Inherited Real Estate Property While the Estate Is Still in Probate, You Must Notify the Court
Your family member may have named you as the personal representative of their estate because of a professional qualification of yours. Perhaps you have worked as a tax preparer, insurance agent, financial adviser, or some other occupation where you are used to dealing with financial and legal paperwork. You might have a natural gift… Read More »
When Your Children Don’t Want to Inherit Your Personal Items: An Estate Planning Guide to Decluttering
In the field of estate planning law, there is much talk of reducing the value of your probate assets, and therefore reducing the estate taxes, by giving your heirs part of their inheritance while you are alive. Ways to do this include transferring assets to a trust, transferring the title of a house to… Read More »
Court Sides with DC Waterfront Developer in Dispute with Insurance Company
The waterfront area of Southwest DC is just one of the areas in the district that has recently transformed into a trendy, upscale place for DC residents and visitors to the area to socialize. The project to develop the waterfront required great investments of time and money, as commuters who witnessed the long-standing presence… Read More »
Communicate Openly with Your Spouse About Your Estate Plan, Even If You Keep Your Finances Separate
In some ways, a second marriage later in life can be refreshingly drama-free. You have gained enough wisdom not to fall victim to the insecurities that can lead you to have major battles with your spouse about minor slights. You can be each other’s confidante and emotional support when co-parenting your children with your… Read More »
The Best Tax Credits Maryland Businesses Can Claim in 2020
One of your business goals in 2020 should be to claim the tax credits available to you. All of these tax credits have fairly detailed requirements you must meet before the IRS will grant them to you. For example, the tax credits are only available to businesses that file their tax returns electronically, unless… Read More »
