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
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
The Great Wealth Transfer: What An $84 Trillion Shift Between Generations Means For Your Estate Plan
As the Silent Generation and Baby Boomers prepare to transfer an estimated $84-90 trillion in wealth over the next two decades, families face critical decisions about estate planning, tax strategies, and asset protection. This comprehensive analysis explores how changing tax laws, evolving family structures, and complex asset portfolios require thoughtful planning to preserve wealth across generations while avoiding unnecessary taxes, legal disputes, and family conflicts.
United States Wealth Mgt
CK
Conn Kavanaugh Rosenthal Peisch & Ford
Article
Dead Men Tell No Tales, But Their Estate Plans Sometimes Do: Washington State’s Deadman’s Statute—What The Court Will And Will Not Hear After Death
Washington State's Deadman's Statute bars interested parties from testifying about conversations or transactions with deceased individuals in estate litigation. Understanding when this evidentiary rule applies, what testimony it excludes, and how it can be waived is critical for anyone involved in probate or trust disputes where private agreements or oral promises are at issue.
United States Family
Sr
Stokes Lawrence, P.S.
Article
When The Court Shifts More Than The Blame: Fiduciaries And The Risk Of Personal Fee Liability Under TEDRA
Washington State's Trust and Estate Dispute Resolution Act (TEDRA) grants courts broad discretion to shift attorneys' fees in trust and estate litigation, potentially exposing fiduciaries to personal liability when their conduct breaches fiduciary duties or unnecessarily prolongs disputes. Understanding the circumstances under which courts may order personal fee awards is essential for trustees, personal representatives, and beneficiaries navigating these complex disputes.
United States Litigation
Sr
Stokes Lawrence, P.S.
Article
Case Alert: Washington Court Of Appeals Holds Ex-Spouse Entitled To Inherit A $373,000 Retirement Account Despite Divorce
A Washington Court of Appeals ruled that a former spouse was entitled to keep $373,000 from her ex-husband's retirement account because she remained the designated beneficiary after their divorce. The decision demonstrates how federal ERISA law can override state divorce statutes and highlights the critical importance of updating beneficiary designations following major life events.
United States Family
Sr
Stokes Lawrence, P.S.
Podcast
Ep. 69 – International Lives And The New Reality Of Estate Planning (Podcast)
Today's families are increasingly global, with assets, homes, citizenships, and loved ones spanning multiple jurisdictions. Michael Clear hosts a conversation with Carolyn Reers and Suzanne Shier about the forces driving cross-border planning challenges, from globally mobile families and international philanthropy to cultural competency, compliance, and succession laws around the world.
United States Wealth Mgt
WD
Wiggin & Dana
Podcast
Ep. 68 – Creating A Circle Of Care: Planning For Independence And Peace Of Mind (Podcast)
Host Michael Clear sits down with Andi Hughes from TrustHouse to explore how concierge home care services create comprehensive support systems for families facing cognitive decline, chronic illness, and behavioral health challenges. The discussion reveals strategies for building effective care teams and preventing caregiver burnout while maintaining dignity and independence. Learn how proactive planning and coordinated care can transform the experience of aging in place and managing complex health transitio
United States Healthcare
WD
Wiggin & Dana
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