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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

Take a puff, forfeit trust distributions

Posted on January 23, 2009
Duncan Bannatyne, a British multi-millionaire businessman and best selling author who is famous for his appearances on the BBC program Dragons' Den, has recently terminated one of his daughter's interest in a trust fund after he caught her smoking. The...

Illegitimate Romans

Posted on January 23, 2009
Joshua C. Tate (Assistant Professor of Law, SMU Dedman School of Law) has recently posted on SSRN his article entitled Inheritance Rights of Nonmarital Children in Late Roman Law. Here is the abstract of his article: Late Roman legislation regarding....

Financial abuse of dementia sufferer

Posted on January 22, 2009
Matthew A. Christiansen has recently posted on SSRN his article entitled Unconscionable: Financial Exploitation of Elderly Persons with Dementia. Here is the abstract of his article: Millions of Americans must deal with the affects of dementia on an elderly family...

How do you know if an older person lacks capacity?

Posted on January 22, 2009
The American Bar Association (ABA) Commission on Law and Aging and the American Psychological Association have prepared a booklet entitled Assessment of Older Adults With Diminished Capacity: A Handbook for Lawyers. The Executive Summary explains that With the coming demographic...

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Treatment of women under Islamic intestacy law

Posted on January 22, 2009
A.O. Yekini has recently posted on SSRN an article entitled Women and Intestate Succession in Islamic Law. Here is the abstract of the article: All praise is due to Allah, the Creator of the Universe. The supremacy of His laws...

Madoff costs Columbia Law $3,000,000

Posted on January 22, 2009
It has recently been reported that Columbia Law School lost $3 million to Bernie Madoff's investment scheme. Here is an excerpt from Columbia Law loses $3 million to Madoff, Yale Daily News, Jan. 22, 2009: The money lost was not...

US / Canadian Law School Outline Wiki and Law Firm Wiki

Posted on January 21, 2009
The following is posted as a courtesy to Jonathan Kleiman, founder of the US / Canadian Law School Outline Wiki and Law Firm Wiki: I am a law student and I run a website that I believe would be very...

Blog ranked #21 among blogs edited by law professors

Posted on January 21, 2009
The Wills, Trusts, & Estates Prof Blog ranked #21 in number of visitors among blogs edited by law professors with publicly available SiteMeters for the most recent 12-month period (January 1, 2008 - December 31, 2008). To all my readers,...

Australia's Common Intention Trust

Posted on January 21, 2009
Darryn Jensen (Senior Lecturer, The University of Queensland - T.C. Beirne School of Law) has recently posted on SSRN his article entitled Rehabilitating the Common Intention Trust. Here is the abstract of his article: Where parties have entered into property...

Is "Technically Dead" dead enough?

Posted on January 21, 2009
Assume that a person is declared dead. Title to the person's property vests immediately in the heirs and/or beneficiaries. But, what if the dead person comes back to life? Does the title somehow revest in the now alive dead person?...

ACTEC's Mary Moers Wenig 2009 Student Writing Competition -- It is NOT too late to enter!

Posted on January 20, 2009
The American College of Trust and Estate Counsel has officially announced the Mary Moers Wenig 2009 Student Writing Competition. Here are some of the key features of this competition: Large cash prizes (first place = $5,000; second place = $3,000;...

Family values and the death taxes

Posted on January 20, 2009
Anne Alstott (Jacquin D. Bierman Professor of Taxation, Yale Law School) has recently posted on SSRN her article entitled Family Values, Inheritance Law, and Inheritance Taxation. Here is the abstract of her article: This symposium paper, originally presented at the...

FDIC Coverage and Revocable Trusts

Posted on January 20, 2009
Katarinna McBride (Partner, Beerman Swerdlove, Chicago, IL) has recently published her article entitled Estate Planning for FDIC Coverage, 96 Ill. B.J. 590 (2008). Here are some excerpts from her article: FDIC coverage for revocable trust accounts is provided to the...

2009 Edition of "Loring: A Trustee's Handbook" Released

Posted on January 20, 2009
Charles E. Rounds, Jr. (Professor, Suffolk University Law School) and Charles E. Rounds, III (Associate, David W. Kirch, P.C., Aurora, Colorado) have recently published the 2009 edition of Loring: A Trustee's Handbook. Here is the publisher's description of this book:...

Martin Luther King, Jr. Died Intestate

Posted on January 19, 2009
Today we celebrate the life of Martin Luther King, Jr., one of the main leaders of the American Civil Rights Movement. Dr. King devoted all of his income and talent to the movement. He died intestate, leaving less than $30,000...

Belated Thanksgiving Humor

Posted on January 19, 2009
Yes, I know that I'm almost two months late with this, but I just saw it and thought you might enjoy it nonetheless. As printed in Business Law Today, Nov./Dec. 2008, at 18.

Intra-family loans

Posted on January 19, 2009
C. Christine Borrett (Associate, Crady, Jewett & McCulley, LLP, Houston, Texas) and Matthew A. Goossen (Associate, Crady, Jewett & McCulley, LLP, Houston, Texas) have recently published their article entitled Intra-family Loans, 47 Real Est., Prob. & Tr...

Family Limited Partnership discounts may be in jeopardy

Posted on January 19, 2009
Rep. Earl Pomeroy (D-ND) has introduced H.R. 436. In addition to setting the federal estate tax exemption at $3.5 million and imposing a marginal tax rate for estates over that amount of 45% (50% for estates between $10 million and...

Top SSRN Downloads

Posted on January 18, 2009
Here are the top downloads from November 13, 2008 to January 12, 2008 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 197 Take the...

The estate tax is NOT a voluntary tax

Posted on January 18, 2009
Paul L. Caron (Associate Dean of Faculty and Charles Hartsock Professor of Law, University of Cincinnati - College of Law) and James R. Repetti (Professor of Law, Boston College Law School) have recently posted on SSRN their article entitled The...

Estate tax fears loom as inauguration nears

Posted on January 17, 2009
The following excerpts are from Estates of Pain -- The first tax increase of the Obama era, Wall St. J., Jan. 12, 2009: Mark it down as the first tax increase of the new Democratic era. The Journal reported yesterday...

Collecting a decedent's debts

Posted on January 17, 2009
Financially, death is like going bankrupt. The main purpose of estate administration is to collect all of a decedent's probate assets, pay all the debts using the priority order established by state law, and then distribute what's left, if anything,....

Special Needs CLE

Posted on January 16, 2009
The Academy of Special Needs Planners is sponsoring a program entitled Special Needs Planning in the Era of Change: New Opportunities for You and Your Clients on March 6-7, 2009 in San Diego, California. Here is a description of the...

Increasing popularity of "Caregiver Agreements"

Posted on January 16, 2009
A "caregiver agreement" is a contract between an elderly person and his or her relative to provide care. Although these arrangements have been used in the past, their use appears to be increasing because of the current economic situation. The...

Virginia Legislative and Judicial Update

Posted on January 16, 2009
J. Rodney Johnson (Professor Emeritus of Law, University of Richmond School of Law) has recently published his article entitled Wills, Trusts, and Estates, 43 U. Rich. L. Rev. 435 (2008). Here is the introduction to his article: The 2007 Session...

Mediation of Elder Law Disputes

Posted on January 16, 2009
The ABA Commission on Law and Aging and the ABA Senior Lawyers Division are co-sponsoring a program entitled Elder Mediation: The Challenges and Rewards of this Evolving Practice Area on February 13, 2009 from 10:45 a.m. to 12:15 p.m. EST...

Planning during difficult economic times CLE

Posted on January 15, 2009
The American Bar Association Section of Real Property, Trust and Estate Law and the ABA Center for Continuing Legal Education are sponsoring a teleconference and live audio webcast on January 21, 2009 entitled Estate and Related Planning During Economic Turmoil...

Call for Papers -- Philanthropy Law in the 21st Century

Posted on January 15, 2009
The American College of Trust and Estate Counsel?s Legal Education Committee is organizing the third in a series of academic symposia financially supported by the ACTEC Foundation. The next symposium, Philanthropy Law in the 21st Century, will be held at...

Off Topic -- A most unusual motion

Posted on January 15, 2009
This posting is completely off-topic but I thought it was most interesting and thus I wanted to share it with you. You can follow this link to the case of Washington v. AA. Aliamo, 934 F. Supp. 1395 (S.D. Ga....

Bright Leaf Red Hot Dog Estate Dispute

Posted on January 14, 2009
John "Buck" Jones was the president and majority shareholder of Carolina Packers which "[s]ince 1941 * * *has been producing a variety of great foods, including sausages, bologna, chili, Red Hots, and [its] famous Bright Leaf Red Hot Dogs." Buck,...

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