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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

New Jersey and Attorney Fees in Estate Litigation

Posted on November 16, 2008
Charles Huberty (J.D. Candidate, Rutgers University School of Law-Newark) recently authored a note entitled No Good Deed Goes Unpunished: The Impact of New Jersey Court Rule 4:42-9(A)(3) on Attorney Fees in Estate Litigation, 60 Rutgers L. Rev. 769 (2008)...

Top SSRN Downloads

Posted on November 16, 2008
Here are the top downloads from September 17, 2008 to November 16, 2008 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 146 2008 Federal...

Storing artwork

Posted on November 15, 2008
Many people's personal possessions exceed the space they have available for storage. After garages, attics, and basements are packed tight, the excess often goes into storage units. But, what if the items are fragile artworks -- then what? The following...

Alzheimer's -- Not just for the elderly

Posted on November 15, 2008
Alzheimer's is an ailment which is generally associated with older individuals. However, Alzheimer's may afflict individuals in their thirties. The following excerpts are from Shirley S. Wang, When Alzheimer's Hits at 40, Wall St. J., Nov. 14, 2008: The disease...

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Taxing Charities -- Canadian Style

Posted on November 14, 2008
Kathryn Chan (Principal, Benefic Group) has written an article entitled Taxing Charities/Imposer Les Organismes De Bienfaisance: Harmonization and Dissonance in Canadian Charity Law, 55 Canadian Tax J. (2007). Here is an abstract of her article: For many years, the determination...

Irrevocable Life Insurance Trusts

Posted on November 14, 2008
Gary Zwick (Partner, Walter and Haverfield, LLP) has posted his artricle on SSRN entitled Building Flexibility into the Irrevocable Life Insurance Trust, 24 J. Tax. of Investments (2007). Here is an abstract of his article: One of the most effective....

Bianca Gross v. Commissioner analyzed

Posted on November 14, 2008
Steve Akers (Bessemer Trust, Dallas, Texas) has written an article entitled Tax Court Rejects Indirect Gift Attack for Gift of Partnership Interest At Least 11 Days After Contribution of Stock Portfolio to Partnership, Bianca Gross v. Commissioner, T...

Wealth Strategies Journal posts new articles

Posted on November 14, 2008
The following articles have now been posted on the Wealth Strategies Journal and are available for download: Retirement Portfolio Withdrawals in Turbulent Times: Precautionary Savings, Investment Reserves and Mid-Term Adjustments, by Patrick J. Collins, Ph...

Advance Directives -- Italian Style

Posted on November 13, 2008
Donald Carroll (of counsel, Pirola Pennuto Zei & Associati, Rome) and Christine Marciasini (attorney, Pirola Pennuto Zei & Associati, Rome) have written an article entitled Advance Care Directives: Florida, Italy and the Holy Grail of Wishes, abanet.org...

A Canadian view of trustee decisions

Posted on November 13, 2008
Lionel Smith (Director, Quebec Research Centre of Private and Comparative Law) has posted his article entitled Can I Change My Mind? Undoing Trustee Decisions, 27 Est. Tr. & Pensions J. 284 (2008), on SSRN. Here is the abstract of his...

Interesting ideas for body disposition

Posted on November 13, 2008
A recent article, 12 New Ways to Celebrate Death, WalletPop.com, discusses as dozen novel ideas for body disposition, many of which have been discussed earlier on this blog. Here is a list of the methods discussed in this article: Turn...

Leading casebook has update to reflect new UPC revisions

Posted on November 13, 2008
Available for winter/spring courses is a 2009 Update to the Foundation Press casebook, Waggoner, Alexander, Fellows & Gallanis's Family Property Law: Cases and Materials on Wills, Trusts and Estates, and to the accompanying Teachers' Manual. The Update takes account of...

Can a minor refuse life-saving procedures?

Posted on November 12, 2008
Although it is clear that an adult has the ability to either accept or refuse life-sustaining treatment, the law for a minor is uncertain. A recent situation in the United Kingdom has brought this issue to the public's attention. Here...

Judge moonlights as funeral director

Posted on November 12, 2008
A Nashville, Tennessee judge has received some bad press lately for his second job as a funeral director. Here are some details from Judge Works Second Job While Courtroom Waits, NewsChannel5.com, Nov. 10, 2008: Judge Gale Robinson is the presiding...

First same-sex marriage occurs in Connecticut

Posted on November 12, 2008
Earlier on this blog, I reported on the case of Kerrigan v. Commisioner in which the Connecticut Supreme Court by a vote of 4-3 ruled that same sex couples have a constitutional right to marry. Today (November 12, 2008) just...

Dead Husband Kills Wife

Posted on November 12, 2008
Jose Silveria Coimbra recently died from a heart attack in Rio Grande do Sul, Brazil while at a dance. The next day, his widow, Marciana Silva Barcelos, was riding in the front seat of the hearse with his coffin in...

How excited utterances may trigger the slayer statute

Posted on November 11, 2008
The following posting is excerpted from Colin Miller, Serenity In Manslaughter?: Connecticut Court's Slayer Statute Ruling Contingent Upon Excited Utterance Ruling, Evidence Prof Blog, Nov. 10, 2008: A fascinating Connecticut case could lead to an interesting opinion about the scope...

Happy Veteran's Day

Posted on November 11, 2008
To all readers who serve, or have served, in our military -- Happy Veteran's Day and thank you for you do or have done for our country.

"Last Will" movie starts production

Posted on November 11, 2008
The movie, Last Will, has begun filming in Kansas City, Missouri according to Gregg Goldstein, Trio fight for estate in 'Last Will', THR.com, Oct. 31, 2008. The movie stars Tatum O'Neal, Tom Berenger, and James Brolin. Here is a summary...

Prof. Zelinsky discusses Warren Buffett

Posted on November 11, 2008
Here is a description of an article entitled Warren Buffett and the Estate Tax which appears on the Oxford University Press Blog today (November 11, 2008): Edward A. Zelinsky is the Morris and Annie Trachman Professor of Law at the...

Did Islamic law develop trusts before the Common Law?

Posted on November 10, 2008
Gilbert Paul Verbit (retired professor of law, Boston University School of Law) has recently translated and edited a book entitled A Ninth Century Treatise on the Law of Trusts. Here is a description of this book: Frederic W. Maitland, the...

Brooke Astor Update

Posted on November 10, 2008
Earlier on this blog, I discussed various issues regarding Brooke Astor and the disputes with her son and grandson. On August 13, 2007, Brooke died at her Holly Hill estate in Briarcliff, New York at the age of 105. Brooke's...

ACTEC Announces Mary Moers Wenig 2009 Student Writing Competition

Posted on November 10, 2008
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;...

Top SSRN Downloads

Posted on November 10, 2008
Here are the top downloads from September 11, 2008 to November 12, 2008 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 100 Holman: The...

Funeral Home Behaving Badly

Posted on November 09, 2008
In July 2008, state inspectors discovered a gruesome situation when they inspected the Warren Funeral Chapel. According to Alan Scher Zagier, Mo. funeral home dogged by lawsuits, complaints, Boston.com, Nov. 3, 2008, they reportedly found a decaying woman's body stored...

Fight over "treasure trove" found behind walls

Posted on November 09, 2008
A very interesting situation at the intersection of property law (finding) and inheritance law was recently reported in Joe Milicia, Cash found in Ohio house's walls becomes nightmare, Yahoo! News, Nov. 8, 2008 and AP, Ohio court splits cash found...

Langbein and Waggoner's Uniform Trust and Estate Statutes, 2009-2010 ed.

Posted on November 08, 2008
The following is from an advertisement I recently received via e-mail from Foundation Press: Langbein and Waggoner's Uniform Trust and Estate Statutes, 2009-2010 Edition is publishing in early December and will be available for winter/spring 2009 courses...

Pope recognizes organ shortage but condemns sales

Posted on November 08, 2008
Pope Benedict XVI of the Catholic Church recently commented on the shortage of organs available for transplant. It has even been reported that the Pope has signed an organ donor card. However, the Pope is against offering financial compensation to...

Exit Strategy from Private Foundations

Posted on November 07, 2008
Mark Powell (Partner, Albrecht & Barney) recently authored an article entitled Terminating or Reorganizing a Private Foundation: Getting a Client Out Isn?t as Hard as You May Think, Prob. & Prop., Nov./Dec. 2008, at 58. Here is an excerpt from...

Housing Options for Older Clients

Posted on November 07, 2008
Lawrence A Frolik (University of Pittsburgh School of Law), Walter T. Burke (Partner, Burke & Casserly, P.C.), and Michael A. Kirtland (Partner, Kirtland & Seal) recently authored an article entitled Housing Options for the Older Client, Prob. & Prop...

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