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Estate Planning

Wills, Trusts & Estates Prof Blog 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

Recent Entries: 3678

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Taxation of Pet Trusts

Posted on May 20, 2009
Gerry W. Beyer (Governor Preston E. Smith Regents Professor of Law, Texas Tech University School of Law) and Jonathan P. Wilkerson (attorney and former Editor-in-Chief of the Texas Tech Law Review) have recently published their article entitled Max's Taxes: A...


Planning for Digital Estates

Posted on May 19, 2009
Earlier on this blog, I discussed the importance of planning for a client's on-line matters such as passwords, e-mail accounts, Facebook pages, etc. and posted a list of companies which offer helpful services. Planning for digital estates received additional coverage...


Weekly Archives Now Functional!

Posted on May 19, 2009
I am pleased to announce that the "weekly archive" function of this blog is now functional. You may now use the list of weeks found on the lower part of the right-hand pane to access material from the past ten...


Analysis of Queen Liliuokalani's estate

Posted on May 18, 2009
The following is the introduction to a detailed article by Samuel P. King, Walter M. Heen and Randall W. Roth entitled The Queen's Estate, Star-Bulletin, May 17, 2009 & The Queen's Estate (Part 2), Star-Bulletin, May 18, 2009: Much conflict...


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Murdered lawyer leaves video naming alleged assailant

Posted on May 18, 2009
Borrowing one of Captain Kirk's techniques of leaving a video to watch upon his death (see The Tholian Web, first broadcast November 15, 1968), lawyer Rodrigo Rosenberg left an 18 minute video to be viewed upon his disappearance. Rodrigo was...


Minnesota enacts Uniform Disclaimer of Property Interests Act

Posted on May 17, 2009
On May 12, 2009, Minnesota Governor Tim Pawlenty signed into law a version of the Uniform Disclaimer of Property Interests Act. S.B. 1810. According to Adam J. Hirsch (William and Catherine VanDercreek Professor of Law, Florida State University College of...


Top SSRN Downloads

Posted on May 17, 2009
Here are the top downloads from March 18, 2009 to May 17, 2009 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 275 2008 Developments...


"Summer Hours"

Posted on May 16, 2009
On March 5, 2008, the French film L'heure d'été (Summer Hours) was released. The film is now being shown in the United States. Simply stated, the plot involves two brothers and a sister who "witness the disappearance of their childhood...


Happy Armed Forces Day

Posted on May 16, 2009
Happy Armed Forces Day!! A special thanks to all my readers who serve or who have served in the military -- your sacrifices and hard work do not go unnoticed and are greatly appreciated. To read the complete text of...


Advising Trustees

Posted on May 15, 2009
I often tell my students that if they are asked to be a trustee, they should use the "cocaine rule," that is, "just say no." However, I also explain that being a trustee's attorney is a great job provided you...


Third Edition of "Wills, Trusts, and Estates for Legal Assistants" released

Posted on May 15, 2009
Aspen Publishers has recently published the Third Edition of Wills, Trusts, and Estates for Legal Assistants authored by Gerry W. Beyer (Governor Preston E. Smith Regents Profesor of Law, Texas Tech University School of Law) and John K. Hanft (Instructor,...


Advanced Estate Planning and Probate Seminar

Posted on May 15, 2009
The State Bar of Texas is sponsoring the 33rd Annual Advanced Estate Planning and Probate Course in Houston, Texas on June 10-12, 2009. Here are some of the highlights of this program: Case Law, Tax Law, and Legislative Updates Addressing...


Illegal Act Exclusions

Posted on May 15, 2009
Crystal M. Patterson (Shareholder, Fredrikson & Byron, P.A., Minneapolis, MN) has written a new article entitled Banning Benefits for Bad Behavior: Unraveling the Illegal Act Exclusion, Prob. & Prop., May/June 2009, at 46. Here is a summary of the article:...


Spousal Access Trusts

Posted on May 14, 2009
Scott M. McCullough (Associate, Callister, Nebeker & McCullough, Salt Lake City, UT) has written a new article entitled The Spousal Access Irrevocable Life Insurance Trust Funded with a Second-to-Die Policy, Prob. & Prop., May/June 2009, at 61. Here is excerpt...


Conversion of UTMA custodianship into a trust

Posted on May 14, 2009
Bradley R. Coppedge (Partner, Hatcher Stubbs, LLC, Columbus, GA) has written a new article entitled Transfers to Trust and Use of UTMA Custodial Accounts, Prob. & Prop., May/June 2009, at 34. Here is an excerpt from the article: The Transfers...


Estate tax proposals may still leave planning options available

Posted on May 14, 2009
The following excerpts are from Martin Vaughn, Estate-Tax Strategies Could Survive Curbs, Wall St. J., May 13, 2009: The White House is proposing to curtail two popular tax-planning techniques, but wealth advisers say the strategies will remain attractive even if...


How to value unpaid lottery entitlements in a winner's estate

Posted on May 13, 2009
Prof. Wendy Gerzog (Professor of Law, University of Baltimore School of Law) has recently posted on SSRN her article entitled Negron: Circuits Now Split 2-2. Here is the abstract and conclusion of her article: The article discusses Negron and the...


Same-sex marriage -- Russian style

Posted on May 13, 2009
After seeing the success of same-sex couples of getting the right to marry in many jurisdictions in the United States, their counterparts in other nations are also attempting to get this right. For example, in Russia, two women are attempting...


Madoff Update

Posted on May 13, 2009
Below is some recently revealed information regarding the case of disgraced investor Bernard A. Madoff from Diana B. Henriques and Zacery Kouwe, Records Show Billions Withdrawn Before Madoff Arrest, NY Times, May 12, 2009: About $12 billion was pulled out...


Estate planning lawyer escapes malpractice liability for not preparing estate plan for client with questionable capacity

Posted on May 12, 2009
Marshall A. Oldman discusses the recent California case of Chang v. Lederman in his article Chang v. Lederman Limits Estate Planning Malpractice Liability, Metropolitan News-Enterprise, May 6, 2009, in which "the Court of Appeal for the Second District determined that...


Texas Tech University School of Law Seeks Dean Applicants

Posted on May 12, 2009
Texas Tech University invites applications and nominations for the position of Dean of the School of Law. The preferred date for the individual to begin duties is on or about summer 2010. Texas Tech University, with over 28,000 students, is...


Public Administrators -- Fees challenged

Posted on May 12, 2009
The fees which public administrators earn are being challenged in some jurisdictions. First of all, however, we must know about public administrators. In some jurisdictions, there is no such thing as a public administrator and the concept of one is...


In-N-Out -- Majority control held by two trusts

Posted on May 11, 2009
In-N-Out is a famous burger chain with stores in California, Nevada, Arizona, and Utah. An interesting discussion of the succession to this business is found in Michael Hilzik, In-N-Out: Can perfection survive, LA Times, May 7, 2009. Here is an...


Next chapter in the Anna Nicole Smith case begins in June

Posted on May 11, 2009
On June 26, 2009, oral arguments are set to begin in Seattle at the 9th Circuit Court of Appeals with respect to the next installment of the Anna Nicole Smith saga. For a detailed analysis of this case and the...


Open-Air Cremation Update

Posted on May 11, 2009
Earlier on this blog, I discussed how many followers of the Hindu religion desire to have an open-air cremation rather than being cremated in a traditional crematorium. The ability of a person to have an open-air cremation is currently being...


Pres. Obama to propose estate tax increases

Posted on May 11, 2009
The following excerpts from Laura Meckler, Tax Boost Proposed for Estates, Firms, Wall St. J., May 9, 2009, show how the Obama administration plans to increase estate taxes (as well as other taxes) to pay for an overhaul of the...


Top SSRN Downloads

Posted on May 10, 2009
Here are the top downloads from March 11, 2009 to May 10, 2009 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 272 2008 Developments...


Charitable Strategies for Trust Beneficiaries

Posted on May 09, 2009
Sharon L. Klein (Senior Vice President, Trust Counsel and Director of Estate Advisement, Fiduciary Trust Company International, New York, New York) and Henry S. Ziegler (Former Senior Vice President and Special Advisor for Global Estate Planning, Fiduciary Trust Company International,...


Estate of Jorgensen analyzed

Posted on May 09, 2009
Steve R. Akers (Managing Director, Bessemer Trust, Dallas, Texas) has recently published his article entitled Estate of Jorgensen, T.C. Memo. 2009-66 Section 2036 Applied to Creation of FLPs; Equitable Recoupment Allowed to Adjust for Prior Income Tax Overpayments in Light...


Trusts in the global economy CLE

Posted on May 08, 2009
Financial Events International is sponsoring a seminar entitled Trusts in a time of turmoil: Managing risks for trustees in a period of global economic turbulence on June 16, 2009 in Geneva, Switzerland. Here is a description of this program: This...


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