Kemp Klein

INSIGHTS

PUBLICATIONS

Resolving Conflict Outside of Court

The high cost of litigation and number of cases flooding the courts have many judges and attorneys using alternative dispute resolution (ADR) to significantly cut costs and improve the efficiency of the court system. Clients whose cases qualify for this process often find it simpler and easier than facing off in the courtroom.

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Digital Legacies: A Modern Necessity in a Digital World

Have you ever wondered what will happen to your accounts and photos when you pass away? How will loved ones communicate about your passing, access photos of you, or wrap up unfinished business?

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What Happens to Your Monthly Income If You Go Into A Nursing Home?

Unfortunately, we face an increasing risk of spending some part of our lives living in a nursing home. What most of us don’t know is what happens to one’s monthly Social Security and pension checks once the person uses up all of his or her assets.

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FIRM NEWS

Kemp Klein Crafts No-Sew Blankets for Common Ground

For the fifth straight year, the attorneys and staff of Kemp Klein collaborated and crafted hand-tied fleece blankets for Common Ground’s clients. Common Ground distributes these blankets as comfort items for children, victims of trauma, homeless, and other families and individuals in need of assistance. 

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Kemp Klein Law Firm Welcomes Attorney Amanda Afton Martin

Amanda has joined Kemp Klein as a shareholder and will be actively involved in the estate planning, real estate, probate and trust administration, business planning, and tax planning practice groups.

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Kemp Klein Ranked in 2024 Best Lawyers® “Best Law Firms”

Firms included in the 2024 Best Law Firms® list are recognized for professional excellence with persistently impressive ratings from clients and peers. To be considered for this milestone achievement.

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CLIENT SUCCESS STORIES

Buttiglieri and Zawideh Successful in $4.2 Million Settlement Over Will Dispute

Kemp Klein Attorneys Joseph P. Buttiglieri and Robert S. Zawideh successfully represented the the plaintiffs in a case in which they were disinherited. After hotly contested litigation, all the parties agreed to a 60/40 split of the estate, with the 40% group (who weren’t in the final will).

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Rolfe and Callahan Save Client Over $800,000

A new client recently came to Kemp Klein with the intention of updating their estate plan following the passing of a spouse. However, in the process of reviewing the client’s trust accounts, attorneys Brian Rolfe and Casey Callahan discovered a technical error in the retirement account beneficiary designations made by a previous financial advisor. 

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Zawideh Successfully Defends Son’s $2.1 Million Inheritance

After the father’s passing, the daughter, using a Durable Power of Attorney filed suit on behalf of her mother against Mr. Zawideh’s client, another son, and their company, seeking recovery of over $4.85 million.

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PERSPECTIVES FROM THE CEO

The Role of Technology

Clients often ask about our firm’s perspective on technology and its role in our operations. I firmly believe that technology plays a crucial role in optimizing performance.

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Kemp Klein’s Core Values

A company’s core values are the standards that guide its business. Creating our core values was an instructive and reflective process for our firm. I urge leadership teams to develop a similar document to coalesce their values. 

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The Importance of Community Involvement

Our firm recently held our 2nd annual Kemp Klein Foundation Charity Golf Outing.  As I attended the event, I reflected on our commitment to the community.  We believe it is imperative to support local charities and be involved at every level in the community.

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PROBATE LAW CASE SUMMARIES

In Re Jarman v Jarman

Appellee in the lower Court alleged Appellant, his co-fiduciary, defrauded him and he sued. Appellant did not answer after multiple notices. Later, Appellant moved to set aside a default judgment entered against him.

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In Re Guardianship of IS

Appellant was a co-plenary guardian. Her actions and lack of actions caused a consternation to the ward’s father and her co-fiduciary. She ignored directives and orders of the lower Court. At a hearing she was removed sua sponte when no petition had been filed requesting that relief.

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In Re Sizick Estate

This is the third Appeal by the same family to transfer assets to a community spouse. In each appeal the lower Court ruled with the community spouse and purported to take the non-community spouse’s needs and expenses into consideration and three times the Court of Appeals said it hadn’t.

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NEAL NUSHOLTZ TAX LAW ARTICLES

Helping Your Clients Select a Whole Life Policy

The critical factor in selecting the best deal wasn’t the amount of the annual premium. It was the “vanish.” The vanish is a projected number of years which the policy has enough funding to sustain itself without further premiums being paid.

Jury Trials Forbidden in Most Suits Against The Federal Government: Why It Matters

Except for lawsuits for tax refunds, jury trials are forbidden in lawsuits against the federal government. In Damsky v. Zavatt, the government sued in New York to foreclose its tax liens on property transferred from a delinquent taxpayer’s wife to her husband and other third parties.

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Alan A. May & Neal Nusholtz on In Re JLD Living Trust

What does the JLD Living Trust case tell us? It tells us there is a way for a settlor to rest in peace by having a court determine the validity of the estate plan while he or she is still alive. The JLD case opens the door to pre-death litigation of an estate plan in those situations where a settlor wants certainty and to avoid post-mortem contention over the terms of their estate plan.

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