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
Beyond Grantmaking: Why Estate Planners Should Prepare Clients For The Next Generation Of Philanthropy
Estate planners can better serve clients by looking beyond traditional charitable giving to flexible philanthropic strategies that reflect clients' goals, values and desire for lasting impact across generations. The article explores how modern philanthropy extends beyond tax-deductible donations to include impact investments, giving circles, and mission-aligned business structures. Discover five practical ways estate planners can initiate more meaningful philanthropic conversations and draft documents that
United States Wealth Mgt
WL
Withers LLP
Article
Joshua Rubenstein Co-Authors Chapter In A Guide To International Estate Planning
Joshua S. Rubenstein of Katten's Private Wealth Department co-authored a chapter in the newly released third edition of the American Bar Association's comprehensive guide to international estate planning. The publication addresses the growing complexity of cross-border wealth management as families and assets increasingly span multiple jurisdictions. Written by leading international practitioners and tax professionals, the guide provides essential insights for lawyers, fiduciaries, family office professiona
United States Family
KM
Katten Muchin Rosenman 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
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
Milbank Attorneys Examine New York's Pied-à-Terre Tax In New York Law Journal Article
Milbank LLP attorneys examine the implications of New York's pied-à-terre tax for common estate planning structures and situations, analyzing the basic mechanics of the surcharge and discussing key ambiguities in the statute. The article explores potential pitfalls that practitioners should consider when advising clients on property ownership and estate planning in New York.
United States Tax
ML
Milbank 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.
Article
A Practical Guide To TEDRA: Resolving Trust And Estate Disputes In Washington
Washington State's Trust and Estate Dispute Resolution Act (TEDRA) offers a flexible, efficient framework for resolving trust and estate conflicts without full-scale litigation. This comprehensive guide examines TEDRA's procedural mechanisms, dispute resolution tools, and practical applications for fiduciaries, beneficiaries, and legal practitioners navigating estate-related disputes.
United States Family
Sr
Stokes Lawrence, P.S.
Article
When The Marriage Ends But The Trust Doesn’t: Untangling Trusts In Divorce
When a trust beneficiary's marriage ends in divorce, those same trusts designed to preserve wealth can become sources of friction and financial disparity. Washington State courts must make a "just and equitable" division of property while considering each party's economic circumstances, including trust interests that may not be divisible but significantly impact financial realities.
United States Family
Sr
Stokes Lawrence, P.S.
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