Probate Stars: probate, trusts, inheritance litigation, guardianship l...

Mark Zuckerberg and Facebook have sued a number of prominent law firms and lawyers for the filing of a lawsuit against them that turned out to be (allegedly) based on fraud and forgery.  The claims brought by Facebook and Mr. Zuckerberg are for malicious...

Retirement law is very favorable to surviving spouses, as laws favoring surviving spouses have been in effect for centuries.  Depending on the type of plan at issue, the rules will vary.
401(k) Plans
For a 401(k) plan, the surviving spouse is the presumed beneficiary of account at death, without regard to who is listed on the beneficiary form, unless the spouse waived such right in writing.  The surviving spouse’s rights in a 401(k) plan are guaranteed...

The purpose of the Employee Retirement Income Security Act of 1974 (“ERISA”) is to benefit the interest of employees and their beneficiaries in employee benefit plans.  ERISA governs the duties, both fiduciary and statutory, that the employer and insurer...

One of the important rules of claiming benefits under an ERISA plan is to follow the rules set forth by the plan, so long as the rules are compliant with ERISA.  Under ERISA, a plan administrator is permitted to require claimants to go through administrative...