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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

How to handle complaining beneficiaries

Posted on January 14, 2009
Robert Whitman, (Professor of Law, University of Connecticut School of Law) has recently published his article entitled Dealing Fairly with Estate and Trust Beneficiary Complaints, 22 Quinnipiac Prob. L.J. 46 (2008). Prof. Whitman explains that The premise set forth in...

Trust Investment Law

Posted on January 14, 2009
Jeffrey A. Cooper (Associate Professor of Law, Quinnipiac University School of Law) has recently published his article entitled Empty Promises: Settlors' Intent, the Uniform Trust Code, and the Future of Trust Investment Law, 88 B.U. L. Rev. 1165 (2008)...

"Dividing the Estate" Update

Posted on January 14, 2009
Earlier on this blog, I discussed the play, Dividing the Estate, which has an estate planning theme. The following update is based on Patrick Healy, ?Dividing the Estate? to Survive in Hartford, N.Y. Times, Jan. 10, 2009: The 10 week...

The psychology of scams

Posted on January 13, 2009
For a most interesting discussion of scams and why people continue to fall for them, is found in Stephen Greenspan, Why We Keep Falling for Financial Scams, Wall St. J., Jan. 3, 2009. Here are a few excerpts: Financial scams...

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Madoff avoids jail, at least for now

Posted on January 13, 2009
United States Magistrate Judge Ronald L. Ellis refused to revoke bail yesterday (January 12, 2009) for Bernard L. Madoff despite the following conduct: Madoff mailed approximately $1 million in watches and other jewelry to family and friends on Christmas Eve...

Do you have an interesting experience with a will?

Posted on January 13, 2009
If you have been personally involved with an interesting will, the following announcement may be of interest: Hello, I'm a researcher working on a documentary series about people's first-hand experiences with a family will. The project is being produced for...

Live blogging of Heckerling Institute

Posted on January 13, 2009
David Goldman, author of the Florida Estate Planning Lawyer Blog, will be blogging on interesting issues from Heckerling this week. Here is a list of some of the topics David has recently discussed: Ending Underwater GRATS State ?Decanting? Statutes 22...

TWE Professor named AALS President-Elect

Posted on January 12, 2009
Reese Hansen (Howard W. Hunter Professor of Law, Brigham Young University), a leading wills, trusts, and estates professor, has been named the President-Elect of the Association of American Law Schools. Here is a brief description of his accomplishments from H...

President-elect Obama favors estate tax retention

Posted on January 12, 2009
The following points are made in Jonathan Weisman, Obama Plans to Keep Estate Tax, Wall St. J., Jan. 12, 2009: President-elect Obama plans to ask Congress to prevent the estate tax from expiring in 2010 as currently scheduled. President-elect Obama...

Top SSRN Downloads

Posted on January 12, 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 1 175 Take the...

How to sue a trust

Posted on January 12, 2009
In the case of In re Ashton, 266 S.W.3d 602 (Tex. App.?Dallas 2008, no pet. h.), the trial court awarded relief against a trust. The appellate court granted mandamus relief because neither the trust nor the trustee had been made...

How to become an instant millionaire

Posted on January 11, 2009
To become a millionaire overnight, all you need to do is move to Zimbabwe. As of January 11, 2009, one United States dollar will buy you over 9 million Zimbabwean dollars. See Universal Currency Converter. See also Zimbabwe introduces $50...

Is a trustee a necessary party to a family settlement or testamentary trust modification?

Posted on January 11, 2009
In the case of In re Estate of Webb, 266 S.W.3d 544 (Tex. App.?Fort Worth 2008, pet. filed), will and testamentary trust beneficiaries reached a settlement with respect to various will and trust matters. Beneficiaries then sought to modify the...

Pet trust created for "menagerie"

Posted on January 10, 2009
Jeanne Janes of San Antonio, Texas has established a pet trust for her extensive "collection" of pets which include six horses, five dogs, and six cats. Attorney Carol Bertsch worked with her to set up a pet trust to care...

Adolf Merckle Update

Posted on January 10, 2009
Earlier on this blog, I reported that Adolf Merckle allegedly committed suicide on January 5, 2009 by throwing himself in front of a speeding train in Ulm, Germany. It is believed that the bleak financial situation of his financial empire...

"No Time for Goodbye"

Posted on January 09, 2009
I have just finished reading an excellent novel by Linwood Barclay entitled No Time for Goodbye. Here is the author's "teaser" about the book: One night, when Cynthia Archer was 14 years old, her family disappeared. Now, 25 years later,...

Need money -- sell your grave site

Posted on January 09, 2009
Seeking extra funds in this difficult economy, some people are selling their burial plots. Unfortunately, so many grave owners have the same idea, the market is getting flooded. Plot Brokers owner Baron Chu reports that his business has increased almost...

Another economy victim -- Adolf Merckle

Posted on January 09, 2009
The 94th richest person in the world, Adolf Merckle, allegedly committed suicide on January 5, 2009 by throwing himself in front of a speeding train in Ulm, Germany. The note he left behind stated, "I am sorry." According to a...

Special Needs Planning with "Microboards"

Posted on January 09, 2009
The Arc of Texas has started using a creative technique for helping people support their disabled family members and friends called a Microboard. Here is a description from the Texas Microboard Collaboration website: A microboard is formed when a small...

Switzerland Tax CLE

Posted on January 08, 2009
Financial Events International is sponsoring a conference entitled Switzerland in the International Tax Planning System on February 25-29, 2009 in Geneva, Switzerland. The conference will also be webcasted live. Here is a description of the program: The ?Switzerland International Tax...

Sua sponte administrator removal

Posted on January 08, 2009
In the case of In re Estate of Washington, 262 S.W.3d 903 (Tex. App.?Texarkana 2008, no pet. h.), the trial court on its own motion removed the administrator for failing to file required accountings under Probate Code � 222(b)(2). The...

Can an anatomical gift donor revoke the donation?

Posted on January 08, 2009
The issue of whether a kidney donor may revoke the donation is being raised in a case out of New York. Here are the details as reported in Emily Smith, Husband demands money for kidney, WABC, Jan. 7, 2009: Dr....

Lost will -- rebutting presumption of revocation

Posted on January 08, 2009
In the case of In re Estate of Turner, 265 S.W.3d 709 (Tex. App.?Eastland 2008, no pet. h.), the trial court admitted a photocopy of Testator?s will to probate even though the original will could not be found after what...

Estate v. Testamentary Trust jurisdiction

Posted on January 07, 2009
In the case of In re Estate of Gaines, 262 S.W.3d 50 (Tex. App.?Houston [14th Dist.] 2008, no pet. h.), Testatrix?s will created a testamentary trust. The county court ordered a person holding property which potentially belonged to the trust...

New edition of "Texas Wills and Estates: Cases and Materials" published

Posted on January 07, 2009
Gerry W. Beyer (Governor Preston E. Smith Regents Professor of Law, Texas Tech University School of Law) has recently published the 6th edition of his casebook entitled Texas Wills and Estates: Cases and Materials. This book is designed for law...

Tangible assets often ignored in estate planning

Posted on January 07, 2009
The following excerpts are from Estate Planning & Appreciating Tangible Assets, Heritage Trusts & Estates Newsletter, Jan./Feb. 2009, at 1: Estate planners, attorneys and trust officers are not trained to think about fine art and collectibles. Failing to consider your...

Distinction between independent "executor" and independent "administrator"?

Posted on January 07, 2009
In the case of In re Estate of Gaines, 262 S.W.3d 50 (Tex. App.?Houston [14th Dist.] 2008, no pet. h.), Creditor filed two authenticated unsecured claims with the Independent Executrix. Independent Executrix rejected the claims and the trial court entered...

National Academy of Elder Law Attorneys announces the Fourth Annual Elder Law Writing Competition

Posted on January 06, 2009
Here is some information taken from the Competition's announcement: The National Academy of Elder Law Attorneys is pleased to present the Fourth Annual NAELA Elder Law Writing Competition offering a $1,500 cash prize for the best article submitted. The winner...

Fall 2008 Issue of Wake Forest's E-Clinic News Now On-line

Posted on January 06, 2009
The Fall 2008 issue of E-Clinic News describing the activities of The Elder Law Clinic at the Wake Forest University School of Law is now on-line. The issue clearly reflects why this program is one of the most respected elder...

The unlucky lottery winner

Posted on January 06, 2009
Here is the sad case of Donald Peters: Donald and Charlotte were married for 59 years. For twenty years, they had a practice of purchasing Connecticut lottery tickets. On November 1, 2008, Donald purchased two tickets. Later that same day,...

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