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Estate Planning

Wills, Trusts & Estates Prof Blog

A resource to enhance the teaching of courses that address intestate succession, wills, trusts, estate administration, non-probate assets, planning for disability, and other matters pertaining to estate planning.
By Gerry W. Beyer

Post Frequency: 44.9/day

Last Entry: April 01, 2011 at 14:00:00

2010 Estate Planning Update

Posted on February 06, 2010
The January 2010 edition of The Estate Analyst is comprised of an article by Robert L. Moshman (attorney and writer) entitled Predictably Unpredictable; Estate Planning for 2010. The introduction to the article and the January 2010 edition of The Estate...

Woman Marries Long Lost Love and Then He Disappears, His Daughters Now Want Control of His Estate

Posted on February 05, 2010
Below is the story of a woman who married her first love after 60 years apart and the strange facts surrounding his subsequent disappearance: Fontelle, 15, and Bob, 21 were engaged to be married in 1950. The couple lost contact...

UK Poll Reveals Overwhelming Support for Legalizing Assisted Suicide

Posted on February 05, 2010
Seventy-five percent of those polled in a recent United Kingdom Survey believe assisted suicide should be legal. Currently, assisting a suicide is illegal in the country and subject to prosecution under certain guidelines. Additionally, 80% of those "questioned said relatives...

Researchers Communicate With a Vegetative Patient

Posted on February 05, 2010
New research suggests that as many as one in five persons in a persistent vegetative state (PVS) may be able to comprehend what people are saying and answer questions. Researchers read electrical pulses in the brain of a PVS patient...

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Testacy and Intestacy Demographics

Posted on February 05, 2010
Alyssa A. DiRusso (associate professor of law, Samford University) has published her article entitled Testacy and Intestacy: The Dynamics of Wills and Demographic Status, 23 Quinnipiac Prob. L.J. 36 (2009). Below is an excerpt from the introduction of the article:...

Wildcat Ash Scattering: Scattering Ashes Without Permission

Posted on February 04, 2010
The following, which discusses wildcat ash scattering, is taken from Jeffery Zaslow, Love, Honor, Cherish and Scatter, WSJ, Feb. 3, 2010: More Americans these days are scattering loved ones' ashes widely, with great purpose and often without permission?an act known...

States Scramble to Clean up the Impact of the Federal Estate Tax Hiatus

Posted on February 04, 2010
Bills are pending in Virginia, Maryland, Nebraska, South Dakota, Tennessee, and Washington that would set a default rule for interpreting wills and trusts in 2010: Most of the pending bills would interpret documents as if the estate tax was still...

German Tax Evaders Beware!

Posted on February 04, 2010
Not to be left out of the crackdown on tax evaders, German government officials are planning to pay $3.5 million for a CD of stolen data from a secret informant that contains information about 1,500 Germans who have secret accounts...

New York Trusts & Estates Survey, 2008-2009

Posted on February 04, 2010
Martin W. O'Toole (partner, Harter Secrest & Emery LLP) has published his article entitled Trusts & Estates, 59 Syracuse L. Rev. 1067 (2009). This article is part of a 2007-2008 Survey of New York Law and covers numerous legal developments...

51st Anniversary of "The Day the Music Died"

Posted on February 03, 2010
Writing this blog from Lubbock, Texas, today is especially signficant as the 51st anniversary of the plane crash that killed Buddy Holly (a Lubbock native), Ritchie Valens, The Big Bopper (Jiles Perry Richardson, Jr.), and the plane's pilot. Like most...

The Proxy Will: Current Statutes and Their Limits

Posted on February 03, 2010
Ralph C. Brashier (professor of law, University of Memphis) has published his article entitled Policy, Perspective, and the Proxy Will, 61 S.C. L. Rev. 63 (2009). Among the many legal documents an individual executes during his lifetime, the will is....

Estate Tax Hiatus Does Not Equate to a Hiatus for Estate Planners

Posted on February 03, 2010
The Trust Advisor Blog reports that despite the estate tax hiatus in 2010, estate planning attorneys are staying busy: Clients still need to plan for next year and beyond, when the estate tax will return. Estate planning attorneys do more...

More Advice on Estate Planning for Pets

Posted on February 03, 2010
The following is a list of estate planning steps a pet owner should take according to Sue Stevens, who discusses pet planning in her book Put Your Money Where Your Heart Is, as reported by Mary Alexander, Adviser Counsels Pet-Friendly...

Court Declares Nina Wang's Will Fake, Feng Shui Master Denied Fortune

Posted on February 02, 2010
Nina Wang was Asia's richest woman when she died in 2007. A prior post reported that Wang's family was fighting to invalidate a 2006 will that left her multi-billion dollar estate to feng shui master Tony Chan. Today BBC news...

Louis Auchincloss, attorney and author, passes away at 92

Posted on February 02, 2010
Louis Auchincloss, 92, passed away last week. During his life, Auchincloss worked as both a wills and trusts attorney in New York and a prolific writer. He published over 60 fiction and biography books about "Manhattan's old-money elite." Holcomb B.....

Happy Groundhog Day!!

Posted on February 02, 2010
Best wishes for a Happy Groundhog Day!! Phil says, ?Six more weeks of winter.? Check out this link to see Phil and the massive crowd.

CLE on Gift Tax Return Preparation

Posted on February 02, 2010
The ABA Section of Real Property, Trust & Estate Law is sponsoring a teleconference and live audio webcast CLE entitled The Devil in the Details: Gift Tax Return Preparation, on Feb. 18, 2010. A summary of the program is below:...

Author Terry Pratchett Calls for Legalization of Assisted Suicide in England and Wales

Posted on February 02, 2010
Successful author Sir Terry Pratchett plans to call for the legalization of assisted suicide in England and Wales during the annual Dimbleby Lecture today. Pratchett has early-onset Alzheimer?s disease. During his lecture, Pratchett plans to "offer himself as a 'test...

Reconfiguring Estate Settlement & Replacing Probate with a Registration System

Posted on February 02, 2010
John H. Martin (visiting professor of law, Ohio Northern University) has published his article entitled Reconfiguring Estate Settlement, 94 Minn. L. Rev. 42 (2009). A summary of the article is below: Probate, the judicial process for settling a decedent's estate,...

Compensation for Donating Bone Marrow?

Posted on February 01, 2010
A lawsuit challenging the ban on compensating bone marrow donors has been filed in federal court. Proponents of a pilot program that would compensate marrow donors argue that bone marrow donation is more like sperm or blood donation, which is...

Estate Planning & Community Property Law Journal 2010 Seminar

Posted on February 01, 2010
The Estate Planning & Community Property Law Journal will hold its 2010 Seminar on February 5, 2010 at the Texas Tech University School of Law. Here are some of the topics and speakers scheduled to appear: THE NEW IMPORTANCE OF...

Homestead Protection's Application to Forfeiture Resulting From Criminal Conduct

Posted on January 31, 2010
James Tawney (2010 J.D. candidate, Texas Tech University) has published his comment entitled Calling All Criminals, Our State Will Protect Your Crack House: Homestead Protection's Application to Forfeiture Resulting From Criminal Conduct, 2 Estate Plan...

Top SSRN Downloads

Posted on January 31, 2010
Here are the top downloads from November 30, 2009 to January 29, 2010 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 231 Linton Family...

Celebrity Estate Planning Flubs Compiled Into a Book

Posted on January 30, 2010
Andrew W. Mayoras and Danielle B. Mayoras wrote the book Trial & Heirs: Famous Fortune Fights! ...and what you can learn from celebrity errors (Wise Circle Books 2009). The book's website claims that the book provides estate planning advice by...

Addressing the Dilemma of Applying Public Policy to Inheritance Issues

Posted on January 30, 2010
Christopher T. Elmore (2010 J.D. candidate, Texas Tech University) has published his comment entitled Public Policy or Political Correctness: Addressing the Dilemma of Applying Public Policy to Inheritance Issues, 2 Estate Plan. & Community Prop. L.J...

ABA-RPTE 2010 Spring Symposia

Posted on January 29, 2010
The ABA Section of Real Property, Trusts & Estate Law is sponsoring the 2010 Spring Symposia in Philadelphia on May 6-7, 2010. A summary of the program is below: Whether you are specializing in estate planning or real estate law,...

Ethics and Malpractice Issues for Medicaid Planning

Posted on January 29, 2010
Patricia F. Sitchler (CELA, San Antonio, Texas) has published her article entitled Cutting Edge vs. Over the Edge: Ethics and Malpractice Issues for Medicaid Planning, 2 Estate Plan. & Community Prop. L.J. 175 (2009). An excerpt from the article is...

Estate Tax Lapse Energizes Anti-Estate Tax Group

Posted on January 29, 2010
According to the Wall Street Jounral, the 2010 estate lapse has re-energized the the American Family Business Institute, a small business trade group that has worked toward repealing the estate tax since the early 1990's: The gap in the tax...

The Importance and Emotional Impact of a Living Will

Posted on January 28, 2010
A recent New York Times article tells the story of one man's wishes regarding life-saving medical treatment. The following excerpt captures the difficult situation that arose when the author disagreed with her father's decision: I know what I want: I...

Don't Miss the 15th International Wealth Transfer Practices Conference

Posted on January 28, 2010
The IBA Individual Tax and Private Client Committee and supported by the IBA European Regional Forum and ABA Section of Real Property, Trust and Estate Law is co-sponsoring the 15th International Wealth Transfer Practices Conference in London on March 1...

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