Estate Planning Archives - Samuels Yoelin Kantor LLP

Heir Today, Gone Tomorrow

October 21, 2025 by Christine Costantino

Many of my clients ask me if the money they have inherited during a marriage is “off the table” in a divorce. This can be a complicated question, and I often reply, “It depends.”

The general rule in Oregon is that inherited or gifted assets to one spouse during a marriage are not subject to the presumption of equal contribution by the other spouse in a divorce. The exception to this general rule is if a judge determines it would be “just and proper under all the circumstances” to put it back on the table, then it may be divided between the spouses in a divorce.

Let’s break this down with some examples. If Spouse A inherits $100,000 and deposits the funds in an individual account only in Spouse A’s name, then these funds will, in most cases, be considered the separate property of Spouse A in a divorce from Spouse B. Meaning, they remain “off the table.” However, I said, “It depends.” In other cases, for example, where Spouse A transfers the funds to an account held with Spouse B, then those jointly held funds have now become marital assets and subject to a 50/50 division in a future divorce. Another example is where Spouse A takes the $100,000 and purchases a home with Spouse B where both are on title. Spouse A has now effectively commingled her $100,000 down payment with Spouse B. If the parties divorce in the future, then Spouse B is likely going to be entitled to 50% of the home equity including the benefit of any equity created by Spouse A’s $100,000 down payment. It is difficult to anticipate under which set of circumstances a judge might award Spouse B a share of Spouse A’s inheritance if Spouse A kept it separately from Spouse B continuously throughout the marriage.

Each case is decided on its particular facts. The moral of this story is you should never commingle any inheritance you may receive during a marriage without understanding the legal impact of such a decision. Keep it separate until you can consult with an attorney who can advise you before making costly mistakes you may not be able to reverse.

Wendy Williams: Planning to Avoid a Guardianship

March 4, 2024 by Victoria Blachly

TV host and personality, Wendy Williams, has been in the news recently for her challenging health issues, marital drama, and legal woes, after a bank froze her bank accounts due to concerns about whether she needed a protective proceeding/guardianship due to her mental and physical ailments.

Her team recently revealed Ms. Williams has dementia, and rumors abound that it may be alcohol related. A new Lifetime four-part docuseries, Where is Wendy Williams, chronicles the sad tale.

Note that Ms. Williams is only 59-years old, so she likely never expected to face such cognitive challenges that require legal planning and preparation. While she did have a Power of Attorney that identified who should manage her finances, were she to be incapacitated, the court got involved and made a determination that the nominated fiduciary was not the best person suited for that job, and appointed someone else to be her guardian for financial decision making.

Other options that could have been taken to protect herself and her assets include setting up a Trust, where a successor trustee would take over, once she became incapacitated. Naming a professional third-party professional trustee, trust company or bank may have been a better option for Ms. Williams, and may have resulted in a different ruling with the court in New York.

Nobody wants to think of the worst case scenario when discussing their future, but an excellent estate planner will help you talk through your options to bring peace of mind: Plan for the worst and hope for the best!

Do NOT Sit on Your Estate Plan (especially if it’s in the couch) – Learning From Aretha Franklin

July 13, 2023 by Victoria Blachly

After five years and a family battle over two handwritten wills left by the singing legend Aretha Franklin, a jury ruled that the later executed will – found in the cushions of Ms. Franklin’s couch – was her validly executed will.

While we all Respect (1967) Aretha Franklin, you need to Jump to It (1982), Rock Steady (1972), and Think (1968) Who’s Zoomin’ Who (1985) to prepare an estate plan that doesn’t eat up five years of time and legal fees. The estate planners at SYK are saying, “Call Me” (1970) and “Break It To Me Gently” (1977) to put your affairs in order. In short, Do Right Woman, Do Right Man (1967) and you will soon be on the Freeway of Love (1985).

SYK Partner Victoria Blachly’s Work on the Uniform Law Commission

September 9, 2022 by Victoria Blachly

Happy 130th Birthday to the Uniform Law Commission (“ULC”)! Samuels Yoelin Kantor Fiduciary Litigation Partner Victoria Blachly is an Oregon Commissioner for the ULC. Read our interview with Victoria about her work on the ULC.

What does the ULC do?

The ULC “provides states with non-partisan, well-conceived and well-drafted legislation that brings clarity and stability to critical areas of state statutory law.” They do not have authority to enact legislation, rather they propose legislation to states to address legal issues that cross state lines and would benefit from uniformity. You may know them from some of their greatest hits, like the Uniform Commercial Code or the Uniform Trust Code.

How did you become involved with the ULC?

It’s a very long story, but let me see if I can fight my litigator’s tendency to go on forever and give you the highlights. After seeking to make the laws in Oregon better by chairing a committee with proposed legislation for access to digital assets by personal representatives, trustees and other fiduciaries, I learned the ULC was interested in the same project, on a national level. I became an “Observer” to the study committee and then the drafting committee, which resulted in the Fiduciary Access to Digital Assets Act. I was impressed with the diligence of the volunteers, in striving to propose new laws to help so many. Then, when an opening became available in 2014, I submitted my name for consideration to the Governor of Oregon. Since then, it’s been nothing but sunshine and lollipops.

What are some highlights from your work as a Commissioner?

The first thing that comes to mind is that I am so very grateful for meeting and working with such a dedicated group of volunteers, including the rest of the Oregon delegation: Justice Martha Lee Walters, Lane Shetterly, Joe Willis and Carl Bjerre. Also, the annual ULC meetings are filled with other volunteer attorneys, professors and judges that take the work seriously, are very detail-oriented and raise and address complicated legal issues with the utmost of professionalism and respect for a variety of ideas and insights. The ULC, as a non-political group, is a refreshing contrast to how some currently opt to debate legal issues.

Tell us about some issues that the ULC is currently working on.

The number of active committees and projects is too voluminous to address here, but their website has a wealth of information available. Currently I am on a Committee for updates to the Uniform Determination of Death Act. There are a large number of medical professionals, patient advocates and lay people Observers with amazing and often heartbreaking stories, who all share their perspectives. As science has progressed and knowledge has changed, the convergence between law and science makes the topic a challenge to decipher in a way that provides good answers to often bad choices.

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