Comments for RES PUBLICAE http://christophermillerlaw.com/blog The South Carolina Estates Blog Fri, 12 Mar 2010 13:02:03 +0000 http://wordpress.org/?v=2.2.1 Comment on Definition - Testate by Christopher L. Miller http://christophermillerlaw.com/blog/2009/07/15/definitions-testate/#comment-15575 Christopher L. Miller Wed, 20 Jan 2010 18:30:48 +0000 http://christophermillerlaw.com/blog/2009/07/15/definitions-testate/#comment-15575 Testing. Testing.

]]> Comment on Definition - Per Stirpes by Christopher L. Miller http://christophermillerlaw.com/blog/2009/07/20/per-stirpes/#comment-15521 Christopher L. Miller Thu, 17 Dec 2009 21:59:35 +0000 http://christophermillerlaw.com/blog/2009/07/20/per-stirpes/#comment-15521 <p>Yes, you can have a per stirpes distribution in a Will. The language to do this is as follows: To A, B, and C, in shares per stirpes; or to my issue, in shares per stirpes.</p> <p>The current default distribution rule in New York is by representation. </p> <p>EPTL 2-1.2 provides that in any trust or Last Will executed after August 31, 1992 where property is left to "issue" without any qualifying language (per stirpes, per capita, or by representation), the default is by representation.</p> <p>EPTL 2-1.2 also provides that any trust or Last Will executed prior to September 1, 1992, the default rules are per capita if the issue are in equal degree of consanguinity, or per stirpes if the issue are in unequal degree of consanguinity. Thus, it is the date that the Last Will or trust was executed that determines what the default rule will be.</p> <p>EPTL 4-1.1 provides that after August 31, 1992 property passing under intestacy passes to issue by representation.</p> Yes, you can have a per stirpes distribution in a Will. The language to do this is as follows: To A, B, and C, in shares per stirpes; or to my issue, in shares per stirpes.

The current default distribution rule in New York is by representation.

EPTL 2-1.2 provides that in any trust or Last Will executed after August 31, 1992 where property is left to “issue” without any qualifying language (per stirpes, per capita, or by representation), the default is by representation.

EPTL 2-1.2 also provides that any trust or Last Will executed prior to September 1, 1992, the default rules are per capita if the issue are in equal degree of consanguinity, or per stirpes if the issue are in unequal degree of consanguinity. Thus, it is the date that the Last Will or trust was executed that determines what the default rule will be.

EPTL 4-1.1 provides that after August 31, 1992 property passing under intestacy passes to issue by representation.

]]> Comment on Definition - Per Stirpes by Allison Hoyt http://christophermillerlaw.com/blog/2009/07/20/per-stirpes/#comment-15520 Allison Hoyt Thu, 17 Dec 2009 04:41:33 +0000 http://christophermillerlaw.com/blog/2009/07/20/per-stirpes/#comment-15520 In New York, today, can you direct to have a per stirpes distribution of your property in your will? In New York, today, if you say nothing about how you want your property distributed, is it by default by representation? Thank you. Allison In New York, today, can you direct to have a per stirpes distribution of your property in your will?

In New York, today, if you say nothing about how you want your property distributed, is it by default by representation?

Thank you.

Allison

]]> Comment on Greenville Estate Lawyer: “Faulty Estate Plan Scenario Number One” by Christopher L. Miller http://christophermillerlaw.com/blog/2009/12/07/faulty-estate-plan-scenario-number-1/#comment-15517 Christopher L. Miller Tue, 08 Dec 2009 01:00:49 +0000 http://christophermillerlaw.com/blog/2009/12/07/faulty-estate-plan-scenario-number-1/#comment-15517 See my post on Revocable Trusts <a href="http://christophermillerlaw.com/blog/2009/09/30/why-should-i-have-a-revocable-lifetime-trust/" rel="nofollow">here</a>, where I discuss some of the uses of the revocable trust, their benefits, and yes, their drawbacks. See my post on Revocable Trusts here, where I discuss some of the uses of the revocable trust, their benefits, and yes, their drawbacks.

]]> Comment on Greenville Estate Lawyer: “House Votes on Estate Tax Extension” by Christopher L. Miller http://christophermillerlaw.com/blog/2009/12/03/house-votes-on-estate-tax-extension/#comment-15514 Christopher L. Miller Fri, 04 Dec 2009 00:56:20 +0000 http://christophermillerlaw.com/blog/2009/12/03/house-votes-on-estate-tax-extension/#comment-15514 On my way home from work last night I heard a talk radio host rail against the estate tax and make several arguments that I felt were quite dubious and misleading. In the coming weeks, I am going to address some of the arguments against the estate tax, and show why many of them are red herrings. In the meantime, check out my December 2, 2009 post on the estate tax <a href="http://christophermillerlaw.com/blog/2009/12/02/federal-estate-tax-changes-on-the-way" rel="nofollow">here.</a> On my way home from work last night I heard a talk radio host rail against the estate tax and make several arguments that I felt were quite dubious and misleading. In the coming weeks, I am going to address some of the arguments against the estate tax, and show why many of them are red herrings. In the meantime, check out my December 2, 2009 post on the estate tax here.

]]> Comment on Definition - Inter vivos versus testamentary trusts by Christopher L. Miller http://christophermillerlaw.com/blog/2009/11/10/whats-that-mean-inter-vivos-versus-testamentary-trusts/#comment-15512 Christopher L. Miller Thu, 03 Dec 2009 07:55:20 +0000 http://christophermillerlaw.com/blog/2009/11/10/whats-that-mean-inter-vivos-versus-testamentary-trusts/#comment-15512 See another estate-related legal term defined <a href="http://christophermillerlaw.com/blog/2009/07/20/per-stirpes/" rel="nofollow">here.<a/> See another estate-related legal term defined here.

]]> Comment on Greenville Estate Attorney: “Honorary Trusts for the Care of Animals” by Michael http://christophermillerlaw.com/blog/2009/10/15/honorary-trusts-for-the-care-of-animals/#comment-15509 Michael Sat, 28 Nov 2009 23:38:53 +0000 http://christophermillerlaw.com/blog/2009/10/15/honorary-trusts-for-the-care-of-animals/#comment-15509 Keep up the good work. I really like the In the News category. Funny that Leona gave her dog more than her grand children. Keep up the good work. I really like the In the News category. Funny that Leona gave her dog more than her grand children.

]]> Comment on Greenville Estate Attorney: “Why Should You Have a Revocable Lifetime Trust?” by Tax Lawyer http://christophermillerlaw.com/blog/2009/09/30/why-should-i-have-a-revocable-lifetime-trust/#comment-15506 Tax Lawyer Mon, 23 Nov 2009 03:47:22 +0000 http://christophermillerlaw.com/blog/2009/09/30/why-should-i-have-a-revocable-lifetime-trust/#comment-15506 I've been interested in taxes for lengthier then I care to acknowledge, both on the individualized side (all my working life!!) and from a legal viewpoint since passing the bar and following up on tax law. I've furnished a lot of advice and corrected a lot of wrongs, and I must say that what you've posted makes impeccable sense. Please carry on the good work - the more individuals know the better they'll be equipped to comprehend with the tax man, and that's what it's all about. I’ve been interested in taxes for lengthier then I care to acknowledge, both on the individualized side (all my working life!!) and from a legal viewpoint since passing the bar and following up on tax law. I’ve furnished a lot of advice and corrected a lot of wrongs, and I must say that what you’ve posted makes impeccable sense. Please carry on the good work - the more individuals know the better they’ll be equipped to comprehend with the tax man, and that’s what it’s all about.

]]> Comment on What are Heirs? Why are they important? by Res Publicae - The South Carolina Trusts and Estates Law Blog http://christophermillerlaw.com/blog/2009/08/11/what-are-distributees-why-are-they-important/#comment-15505 Res Publicae - The South Carolina Trusts and Estates Law Blog Wed, 18 Nov 2009 03:33:24 +0000 http://christophermillerlaw.com/blog/2009/08/11/what-are-distributees-why-are-they-important/#comment-15505 [...] this post for more information on [...] […] this post for more information on […]

]]> Comment on Greenville Estate Attorney: “Why Should You Have a Revocable Lifetime Trust?” by Christopher L. Miller http://christophermillerlaw.com/blog/2009/09/30/why-should-i-have-a-revocable-lifetime-trust/#comment-15504 Christopher L. Miller Tue, 17 Nov 2009 05:04:01 +0000 http://christophermillerlaw.com/blog/2009/09/30/why-should-i-have-a-revocable-lifetime-trust/#comment-15504 There are many life events that should lead to a reassessment of your estate plan. Moving from one state to another is certainly one of them. While SC law recognizes trusts created in foreign jurisdictions under certain circumstances, it is possible that SC law could interpret a trust differently than another state, such as Ohio. In some future posts, I will discuss other life events that should lead to an estate plan reassessment. For now, check out <a href="http://christophermillerlaw.com/blog/2009/06/18/does-a-divorce-have-an-effect-on-my-estate-plan/" rel="nofollow">this post</a> for a discussion of one of life's other events that necessitates an estate plan review. There are many life events that should lead to a reassessment of your estate plan. Moving from one state to another is certainly one of them. While SC law recognizes trusts created in foreign jurisdictions under certain circumstances, it is possible that SC law could interpret a trust differently than another state, such as Ohio. In some future posts, I will discuss other life events that should lead to an estate plan reassessment. For now, check out this post for a discussion of one of life’s other events that necessitates an estate plan review.

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