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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

The probate of a will does not bar tort and fraud claims

Posted on August 10, 2008
After the decedent?s will was admitted to probate over the objections of two of his children, they sued the decedent?s third child alleging intentional interference with a gift based on the failure of the third child, who was the decedent?s...

Court has the authority to order exhumation of the decedent?s body to obtain sample for genetic testing

Posted on August 10, 2008
The decedent?s daughter and personal representative of his estate appealed an order of the Probate Court requiring her to submit to genetic testing and if she refuses to do so, ordering the exhumation of the decedent?s remains to obtain a...

Division into shares does not prevent class gift

Posted on August 09, 2008
The testator?s holographic will gave his estate to ?my nieces and nephews and to [his wife?s] nieces and nephews? and an unrelated person identified by name. The will went on to direct division of the estate into 15 equal shares...

Top SSRN Downloads

Posted on August 09, 2008
Here are the top downloads from June 10, 2008 to August 9, 2008 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 243 A Guide...

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Delaware modernizes pet trust statute

Posted on August 08, 2008
On August 1, 2008, Delaware?s new pet trust statute (Title 12, � 3555) took effect. Here is a summary of this legislation: A trust for the care of one or more specific animals living at the settlor?s death is valid....

Statute prevents adopted adults from taking under will

Posted on August 08, 2008
The settlor created an inter vivos trust which terminated on the death of the his last surviving child at which time the trust property was to be distributed to issue of his children, and if none, to his heirs determined...

Extrinsic evidence of the testator?s intent was sufficient to construe ?spouse? to include surviving spouse

Posted on August 08, 2008
In its opinion in In re Trust Created By Agreement Dated December 20, 1961, ex rel. Johnson, 944 A.2d 588 (N.J. 2008), the court affirmed a judgment finding the list of permissible beneficiaries of a discretionary trust which included the...

Estate planning for minors

Posted on August 07, 2008
Carmina Y. D'Aversa (estate tax attorney with the International Estate Tax Group of the Internal Revenue Service in Washington, D.C.) has published her book entitled Tax, Estate, and Lifetime Planning for Minors. Here is a description of her book: Numerous...

Perpetual dynasty trust CLE

Posted on August 07, 2008
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 August 26, 2008 entitled Perpetual Dynasty Trusts: Tax Planning and Jurisdiction...

Transporter confinement beam fails ? Scotty?s molecules scattered over wide area

Posted on August 06, 2008
On July 20, 2005, the actor James Doohan passed away at age 85. Mr. Doohan is well-known for his portrayal of the chief engineer, Scotty, on the Enterprise, a starship traversing the universe in the television and movie Star Trek...

Lewis & Clark Law School seeks Trusts & Estates professor

Posted on August 06, 2008
The Lewis & Clark Law School in Portland, Oregon is currently seeking an Estate Planning/Wills & Trusts professor to start in Fall 2009. Interested persons should send a r�sum�, references, a writing sample, and an indication of teaching interests to...

When should a person start drawing Social Security?

Posted on August 06, 2008
Richard Kaplan (Peer and Sarah Pedersen Professor of Law, University of Illinois College of Law) has recently posted on SSRN his article entitled A Guide to Starting Social Security Benefits. Here is the abstract of his article: When a person...

Are high intestacy rates due to poor will marketing by attorneys?

Posted on August 05, 2008
Michael McCunney and Alyssa A. DiRusso (Samford University - Cumberland School of Law) have recently posted on SSRN their article entitled Marketing Wills. Here is the abstract of their article: Disappointing rates of intestacy may be as much a business...

Sham marriages could trigger intestate succession nightmare

Posted on August 05, 2008
Natalie O'Neill reports in Sham Marriage Hell, Miami New Times, July 31, 2008, that a man in his attempt to obtain a green card married a woman whom he would later learn had wed at least nine other men and...

Pets trusts ? the other side

Posted on August 05, 2008
Although there is a rapidly growing movement to recognize and enforce pet trusts in the United States, some writers from other nations think this trend is foolish and wasteful. For example, see Christopher Caldwell, Philanthropy goes to the dogs, Financial...

Wrongful death case against Nancy Grace continues

Posted on August 04, 2008
Melinda Duckett committed suicide after taping a segment for Nancy Grace's television show which is broadcast by CNN. Her family members are now suing Nancy and CNN claiming that Nancy's intense questioning triggered emotional stress leading to Melinda's suicide...

Should courts recognize the tort of wrongful life?

Posted on August 04, 2008
Holly Fernadnez Lynch (Harvard University), Michele Mathes (Center for Advocacy for the Rights and Interests of the Elderly) and Nadia N. Sawicki (University of Pennsylvania Law School) have recently posted on SSRN their article entitled Compliance with Advance Directives: Wrongful...

The fiduciary-fidelity interface

Posted on August 04, 2008
Robert Flannigan (University of Saskatchewan) has recently posted on SSRN his article entitled The [Fiduciary] Duty of Fidelity. Here is the abstract of his article: It has become common, primarily in the employment context, for judges to assert the existence...

German doctors perform first double-arm transplant

Posted on August 03, 2008
The world's first double arm transplant recently took place at the Technical University of Munich. The donee was a farmer, age 54, who lost both arms in an accident. The donor matched the donee's sex, age, skin color, size and...

Massachusetts governor signs bill allowing out-of-state same-sex couples to marry

Posted on August 03, 2008
Earlier on this blog, I reported that although the first state to legalize same-sex marriage, Massachusetts has not been able to share in the economic benefits of being a marriage destination because a law passed in 1913 prevents marriages which...

Top SSRN Downloads

Posted on August 02, 2008
Here are the top downloads from June 3, 2008 to August 2, 2008 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 154 Limited Liability...

Texas Estate Administration Casebook Published

Posted on August 01, 2008
Gerry W. Beyer (Governor Preston E. Smith Regents Professor of Law, Texas Tech University School of Law) has recently published his book entitled Texas Estate Administration: Cases and Materials. Here is a description of this book: This book is designed...

Pet Casket Factory Tours

Posted on August 01, 2008
If your travels ever take you to Gladstone, Michigan, you will want to give serious consideration to visiting the Hoegh Pet Casket Company. The following information is from Hunts' Guide to Michigan's Upper Peninsula: Here at the world's largest pet....

Retirement -- Can you afford it?

Posted on August 01, 2008
Because of recent economic developments such lower home and stock values, it will be increasingly difficult for individuals to retire. The following excerpts are from Kathy Chu, Can you still afford to retire? Better re-check your timetable, USA Today, July...

Unifying rules for tax apportionment for wills and revocable trusts

Posted on July 31, 2008
Earlier on this blog, I discussed an article focusing on whether the law of probate and non-probate transfers should be unified. Continuing with the "unification" trend, Ira Mark Bloom (Justice David Josiah Brewer Distinguished Professor of Law, Albany Law School)...

Marilyn Monroe and the right of publicity

Posted on July 31, 2008
John C. Fuller (J.D. Candidate, 2009, Villanova University School of Law) has recently published his Casenote entitled Like a Candle in the Wind: Shaw Family Archives, Ltd. v. CMG Worldwide, Inc. and the Flickering Recognition of Marilyn Monroe's Right of...

Pre-death mediation may prevent problems in same-sex couple estates

Posted on July 31, 2008
X. Brian Edwards (J.D. 2008, Ohio State University Moritz College of Law) has recently published his Note entitled True Donative Freedom: Using Mediation to Resolve the Disparate Impact Current Succession Law has on Committed Same-Gender Loving Couples, 23 Ohio St...

Should English courts recognize constructive trusts?

Posted on July 30, 2008
Nikunj Kiri (Senior Associate, Herbert Smith, United Kingdom ) has recently posted on SSRN an article entitled Tracing Claims: Court Leaves the Door Open for the Recognition of a Discretionary Remedial Constructive .Trust Here is the abstract of the article:...

Law professor's pro-Federal Estate Tax message

Posted on July 30, 2008
Grayson M.P. McCouch (Professor of Law, University of San Diego School of Law) has recently posted on SSRN his article entitled The Empty Promise of Estate Tax Repeal. Here is the abstract of his article: The terms of the debate...

Massachusetts non-resident same-sex marriage update

Posted on July 30, 2008
Earlier on this blog, I reported that although the first state to legalize same-sex marriage, Massachusetts has not been able to share in the economic benefits of being a marriage destination because a law passed in 1913 prevents marriages which...

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