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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

Demand for People to be Buried with Their Pets is on the Rise

Posted on February 09, 2011
The International Association of Pet Cemeteries and Crematories estimates that 1/4 of pet cemeteries allow humans to be buried with their best friends, even if they are dogs, cats, or iguanas. More and more people are requesting to be buried...

Every Estate Sale Shopper's Dream

Posted on February 09, 2011
A seventy-nine-year-old retired Cadbury chocolate factory worker recently discovered a pretty vase at an estate sale. The vase turned out to be a 600-year old Ming vase manufactured during the reign of an emperor named Yongle. Because the vase is...

Top SSRN Downloads

Posted on February 08, 2011
Here are the top downloads from December 8, 2010 to February 6, 2011 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 781 2010 Federal...

Trustee for Madoff's Investors Files Complaint Against JPMorgan

Posted on February 08, 2011
Irving Picard, the trustee for Madoff?s investors, filed a $6.4 billion complaint against JPMorgan Chase in December. Picard claims that the bank?s executives were warned that Madoff was running Ponzi scheme yet failed to report it. JPMorgan denies the allegations...

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The Art of Helping Clients

Posted on February 08, 2011
Jonathan Guyton (CFP) recently published his article Science, Behavior, Art, and ?Nudges?, J. of Financial Plan. (2011). The introduction is below: Lately, I?ve found myself thinking about the powerful opportunities we have as financial planners for our specific advice?and the...

Elder Law Writing Competition for Students

Posted on February 08, 2011
The National Academy of Elder Law Attorneys (NAELA) is sponsoring the Sixth Annual NAELA Elder Law Writing Competition: The first place winner will receive a $1,500 first place prize and will be interviewed for a future issue of NAELA News....

The More Accurate Southern Groundhog

Posted on February 07, 2011
On Groundhog Day, I posted a link to Punxsutawney Phil?s website. It has recently been brought to my attention that Punxsutawney Phil?s southern counterpart, General Beauregard Lee in Lilburn, Georgia, is more accurate than Punxsutawney Phil. General Beauregard Lee has...

Taking Advantage of the Yearly Gift Tax Exemption

Posted on February 07, 2011
In addition to the $5 million lifetime gift tax exemption, each taxpayer can make as many gifts as he or she wants each year as long as no one person receives more than $13,000. These gifts can be to anyone...

Article on Hubris

Posted on February 07, 2011
Julia Belian (Associate Professor of Law, University of Detroit Mercy School of Law) recently published her essay entitled Hubris, 3 Est. Plan. & Community Prop. L.J. 1 (2010). An excerpt from the beginning is below: In 2005, John H. Langbein,...

Gift Giving "Opportunity" for the Wealthy in 2011 and 2012

Posted on February 07, 2011
If Congress fails to act before 2013, the estate and gift tax exemption will drop to $1 million, and the rate will rise to 55%. Other benefits will also be lost, such as the portability clause. For this reason, the...

Estate Planning, Probate, and Guardianship Seminar

Posted on February 06, 2011
The San Antonio Estate Planners Council is sponsoring a two-day estate planning, probate, and guardianship seminar entitled Docket Call in Probate Court on February 10-11 at The Westin Riverwalk Hotel in San Antonio. The program is below: Thursday, February 10,...

2010 Top Hollywood Earners

Posted on February 06, 2011
Vanity Fair recently released a survey on the top 40 Hollywood earners in 2010. Topping the list is James Cameron, director of Avatar, with an estimated $257 million. He easily beat actor Johnny Depp, who came in second with $100...

Doctors v. Patient's Wife: Health Care Directive Gone Wrong

Posted on February 05, 2011
Over the past few weeks, the wrenching court battle over the care of 85-year-old Al Barnes has made headlines in Minneapolis several times. In 1993, Al Barnes (now 85) signed a health care declaration appointing his wife, Lana Barnes (now...

Client Education Brochures by Deborah L. Jacobs

Posted on February 05, 2011
Deborah L. Jacobs (attorney, author of Estate Planning Smarts: A Practical, User-Friendly, Action-Oriented Guide) recently created client education brochures that can help attorneys and financial advisers market their practices. Each brochure helps clients take action with a to-do list...

Shifting Assets for Medicaid Eligibility Purposes Can be Tricky

Posted on February 04, 2011
When a couple in their early 80s discovered that they needed an extra $2,000 a month to pay for their assisted living facility, they decided to transfer their home into their children?s names in order to qualify for Medicaid. Many...

IRS Tortures Wealthy Taxpayers with 'Audits from Hell'

Posted on February 04, 2011
The Internal Revenue Service set up a unit named the Global High Wealth Industry Group to conduct audits on wealthy taxpayers and their complicated financial arrangements. The unit began conducting audits in 2010, requesting hard-to-get documents in very short time...

Tough Financial Times Cause Family Members to Fend for Themselves

Posted on February 04, 2011
Many peoples? savings shrank during the financial crisis. This forced wealthy parents to earmark more of their estate for their own expenses while their children?s need for an inheritance increased. Sometimes advisers are caught in the middle of these situations,...

2011 Estate Planning & Community Property Law Journal Seminar

Posted on February 04, 2011
The Estate Planning & Community Property Law Journal is hosting a seminar on Friday, February 18, 2011 in the Bill and Carolyn Lanier Auditorium at Texas Tech University School of Law in Lubbock. For more information about the CLE, click...

Effect of Portability Clause on Bypass Trusts

Posted on February 03, 2011
With the new portability clause, attorneys are debating whether bypass trusts should still be used. Some argue that they should still be used because portability isn?t automatic and executors must file estate tax returns to receive the benefit, portability doesn?t...

Charleston School of Law Seeks Visitors

Posted on February 03, 2011
The Charleston School of Law invites applications from potential visiting faculty members for one or both semesters of the 2011-12 academic year. Subject matter needs are varied but may include Criminal Law and Procedure, Constitutional Law, and commercial/business law subjects...

Choosing Between a Private Foundation and a Donor-Advised Fund

Posted on February 03, 2011
When choosing between a private foundation and a donor-advised fund, charitably-inclined individuals should consider several factors: Control. The donor has much more control over where the money goes and how it is invested with a private foundation. In contrast, with...

Happy Lunar New Year!

Posted on February 03, 2011
Happy Lunar New Year -- 2011 is the Year of the Rabbit!!

52nd Anniversary of "The Day the Music Died"

Posted on February 03, 2011
Writing this blog from Lubbock, Texas, today is especially signficant as the 52nd 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...

Happy Groundhog Day!!

Posted on February 02, 2011
Best wishes for a Happy Groundhog Day!!

Obama Administration May be Forced to Take a Stand on Same-Sex Marriage

Posted on February 02, 2011
Under the Defense of Marriage Act, the federal government cannot recognize same-sex marriages. This has raised questions regarding the constitutionality of denying same-sex couples certain federal benefits, such as an exemption to estate taxes for surviving spouses...

Streaker Hopes to Become Millionaire, Gets Probation Instead

Posted on February 02, 2011
Twenty-four-year-old Juan Rodriguez was trying to win $1 million offered by internet billionaire Alki David by streaking at a rally for President Obama. Prosecutors didn?t get the 3- to 23-month jail sentence they wanted, and Rodriguez didn?t get the million...

Most Americans Don't Cheat on Taxes

Posted on February 02, 2011
Or maybe they just don't admit it to the IRS. The Internal Revenue Service Oversight Board conducted a survey of 1,000 Americans and found that 87% think it?s never acceptable to cheat on income taxes. Eight percent said it was...

How to Avoid Long-Term-Care Insurance Claims Rejections

Posted on February 01, 2011
Recent turmoil in the long-term-care insurance industry may lead to more claims rejections. Some suggestions for avoiding such rejections are below: Read the policy?s fine print before entering a facility or hiring a caregiver. For example, when a policy requires...

Council in Worcestershire May Heat Pool with Crematorium Heat

Posted on February 01, 2011
Redditch council in Worcestershire is proposing to combat global warming and save money by using the heat generated by the crematorium next door to heat a leisure center and swimming pool. Council members think it?s a waste to allow the...

Long Island Waitress Wins Lottery Thanks to Winter Storm

Posted on February 01, 2011
Patricia Eisel, single mother of three and waitress at the Saloon in Long Island, was forced to cancel a trip to her native Ireland over the holidays due to the weather. After pulling a few dollars together for a lottery...

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