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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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IRS extends today's deadline for taxpayers impacted by Ike

Posted on September 15, 2008
Special thanks to Mickey Davis (Bracewell & Giuliani LLP) for the following information: The IRS has responded to concerns about the proximity of Hurricane Ike's arrival to the September 15 tax filing deadline. In a news release, (IR-2008-105), the IRS...


8th Annual National Aging and Law Conference

Posted on September 15, 2008
Setting the Agenda: Advocating for Elders after the Election is the title of the 8th Annual National Aging and Law Conference to be held on December 3-6, 2008 at the Doubletree Hotel in Arlington, Virginia. Highlights of the conference will...


Widow cannot use husband's frozen sperm

Posted on September 15, 2008
The Court of Appeal of the State of California Third Appellate District has recently ruled in Kievernagel v. Kievernagel that a widow does not have the right to use her deceased's husband's frozen sperm to conceive a child because her...


Dummar fails again in quest for share of Howard Hughes' estate

Posted on September 15, 2008
Earlier on this blog, I reported on how Melvin Dummar was continuing his quest to obtain a portion of the estate of Howard Hughes. Back in 1978, Melvin Dummar's assertion that he was the beneficiary ($156 million) of Howard Hughes's...


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Comment Reminder

Posted on September 14, 2008
Do you notice that when you post a Comment, it does not appear? Do you post it again and again? Then, after a while, do you notice that it suddenly appears? This is not aberrant behavior. Instead, it is by...


Top SSRN Downloads

Posted on September 14, 2008
Here are the top downloads from July 16, 2008 to September 14, 2008 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 984 A Guide...


Like-Kind Exchanges of Personal-Use Residences

Posted on September 13, 2008
Bradley T. Borden (Associate Professor, Washburn University School of Law) and Alex Hamrick (Wachovia Bank) have written an article entitled Like-Kind Exchanges of Personal-Use Residences, 119 Tax Notes 1253 (2008). Here is the abstract of the article: The law governing...


What's In? What's Out?

Posted on September 12, 2008
Angela M. Vallario (Associate Professor of Law, University of Baltimore School of Law) has published an article entitled What's In? What's Out? What's All the Fuss About? Maryland's Elective Share in Light of Schoukroun v. Karsenty, 177 Md. App. 615....


Limited Liability Companies as Exempt Organizations

Posted on September 12, 2008
Bradley T. Borden (Associate Professor of Law, Washburn University School of Law) has written an article on SSRN entitled Limited Liability Companies as Exempt Organizations, 33 Est., Gifts, & Trs. J. 150 (2008). Here is an abstract of the article:...


Fathers of Conscience

Posted on September 12, 2008
Bernie D. Jones (Professor, Suffolk University Law School) has written a paper on SSRN entitled Fathers of Conscience: Mixed-Race Inheritance in the Antebellum South, University of Georgia Press (Feb. 2009). Here is an abstract of the paper: Fathers of Conscience...


Taxing Inherited Wealth

Posted on September 11, 2008
Karen C. Burke (Warren Distinguished Professor of Law, University of San Diego School of Law) and Grayson M.P. McCouch (Professor of Law, University of San Diego School of Law) have written an article on SSRN entitled Review of Graetz &...


Applying Passive Loss Rules to Trusts and Estates

Posted on September 11, 2008
David R. Nave (Pitcairn Financial Group, Montgomery County Community College - Central Campus) has written a new article on SSRN entitled Dancing in the Dark: Applying the Passive Loss Rules to Trusts and Estates, Trusts & Estates 32 (Feb. 2008)....


The Uneasy Case for California's Care Custodian Statute

Posted on September 11, 2008
David Horton (Lecturer in Residence, Boalt Hall School of Law) has published an article on SSRN entitled The Uneasy Case for California's Care Custodian Statute, 11 Chap. L. Rev. 1 (2008). Here is the abstract of the article: Californians will...


Where's the body?

Posted on September 10, 2008
Here is a summary of Miguel Olaya's attempt to transport his deceased wife's body according to AP, American Airlines sued for losing body, CNN.com, Sept. 9, 2008: Teresa Olaya died on March 28, 2008. Her husband, Miguel Olaya, attempted to...


The Jewish perspective on anatomical gifts

Posted on September 10, 2008
According to Gabrielle Loeb, Judaism?s perspectives on Organ Donation After Death, The Philadelphia Jewish Voice, Sept. 2008: Although many Jews believe that Jewish law forbids organ donation, most rabbinical authorities not only permit it, but also encourage it...


Proposed Rules for § 401(k)s and IRAs

Posted on September 10, 2008
The following is through the courtesy of Neil Hendershot, editor of the PA Elder, Estate & Fiduciary Law Blog. On August 21, 2008, the U.S. Department of Labor issued a Press Release entitled U.S. Labor Department proposes rules on investment...


Mary Pickford & The Oscars

Posted on September 10, 2008
Mary Pickford was a famous actress who won two Oscars for her work: best actress for Coquette (1929) and Lifetime Achievement (1976). Mary died in 1979. The two Oscar statuettes she received are now the center of dispute. So too...


The Estate of Tom Carvel

Posted on September 09, 2008
Tom Carvel is famous for his invention and promotion of soft ice cream in the northeastern United States. Although Tom died in 1990, controversy about his death and his estate continue. Here are some details from Joel Siegel, Cold Case,...


Social Security Benefits Calculator

Posted on September 09, 2008
The Social Security Administration has recently added a benefits calculator to its website. The Retirement Estimator produces estimates that are based on the user's actual Social Security earnings record. In other words, after providing your Social Security number, birth date,...


Determination of Venue

Posted on September 09, 2008
In the case of In re Graham, 251 S.W.3d 844 (Tex. App.?Austin 2008, no pet. h.), Decedent was domiciled in Travis County at the time of her death. Probate Code § 6 provides that venue is mandatory in the county...


Hearings on Offshore Tax Haven Banks

Posted on September 09, 2008
[The following entry is adapted from Paul Caron, Senate Holds Hearing and Issues Report on Tax Haven Banks and U.S. Tax Compliance, TaxProf Blog, July 17, 2008.] The Senate Permanent Subcommittee on Investigations [held hearings on] Tax Haven Banks and...


Should your "trusted advisor" be your trustee?

Posted on September 08, 2008
The American Bar Association Section of Real Property, Trust and Estate Law and the ABA Center for Continuing Legal Education is sponsoring a teleconference and live audio webcast on October 7, 2008 entitled The Trustee as Trusted Advisor. Here is...


The Estate of Wilson Lucom

Posted on September 08, 2008
Here is a summary of events surround the estate of Wilson Lucom as compiled from Marc Lacey, A Curmudgeon Leaves Millions to Poor Children of Panama, and the Battles Begin, NY Times, June 25, 2008 and David Usborne, Family fight...


Dividing personal property

Posted on September 08, 2008
One of the most difficult parts of estate administration is often dividing the personal effects of a deceased parent or other close family member. After making specific and general gifts, many of these people leave the residuary of their estates...


Do credit card companies really charge dead cardholders service fees?

Posted on September 08, 2008
Over the weekend, I received the following e-mail message: A lady died this past January, and Citibank billed her for February and March for their annual service charges on her credit card, and added late fees and interest on the...


More on Estate Planning and the Pittsburgh Steelers

Posted on September 07, 2008
Earlier on this blog, I discussed some possible estate planning aspects of a possible sale of the Pittsburgh Steelers professional football team. The following discussion of the income and estate aspects of such a sale combined with the possible changes...


Top SSRN Downloads

Posted on September 07, 2008
Here are the top downloads from July 9, 2008 to September 7, 2008 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 795 A Guide...


Building over burial sites in Hawaii

Posted on September 06, 2008
A court battle is being waged in Hawaii to decide whether a house may be built over burial sites. Here is a summary of the situation based on Diana Leone, Iwi lawsuit on Kauai may be felt statewide alter state...


Should Edgar Allan Poe's remains be moved?

Posted on September 06, 2008
Edgar Allen Poe, a renowned American poet and writer whose whole life was filled with tragedy, has once again merited discussion here. Earlier on this blog, I discussed the troubles with the executor of his estate. Now, the battle is...


Evil wills lawyer sentenced to over two years in prison

Posted on September 05, 2008
John D. Duncan, who formerly worked for almost 30 years for the Verrill Dana law firm in Portland, Maine, was recently disbarred for life by the Supreme Court of Maine. I reported on the details earlier on this blog. Things...


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