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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 North Dakota Slayer Statute Could Constitute Criminal Forfeiture

Posted on July 11, 2008
Bradley Meyers (Randy H. Lee Associate Professor of Law) has recently published his article entitled The New North Dakota Slayer Statute: Does It Cause a Criminal Forfeiture?, 83 N. Dak. L. Rev. 997 (2007). Here is a summary: Prior to...

Comment Reminder

Posted on July 11, 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...

Colorado Estate Planning Treatise

Posted on July 11, 2008
Peter B. Scott and Karen L. Brady have recently published their treatise entitled Estate Planning and Taxation in Colorado. Here is a description of this book: In ?Estate Planning and Taxation in Colorado? authors Peter Scott and Karen Brady provide....

Lottery winner had unexpected year to consider ramifications of winning

Posted on July 11, 2008
Degli Martinez won the $65 million New York Lotto jackpot in June 2007. However, in his excitement, he lost the ticket. Luckily for him, New York law does not simply provide that he is out of luck. Instead, he had...

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Value of human life drops significantly according to U.S. government

Posted on July 11, 2008
According to the United States Environmental Protection Agency, the value of a human life has decreased to $6.9 million which is down about $1 million from 2003. This decrease, in addition to being down-right depressing, has an impact on cost-benefit...

Do Dead People Need Stimulation? IRS says "Yes"

Posted on July 10, 2008
The following entry is from Paul Caron's (Associate Dean of Faculty, Charles Hartsock Professor of Law, University of Cincinnati College of Law) Tax Prof Blog: I [Prof. Caron] received a $600 economic stimulus check this week as the executor of...

David H. Koch to donate $100 million to New York State Theater

Posted on July 10, 2008
According to Robin Pogrebin, David H. Koch to Give $100 Million to Theater, NY Times, July 10, 2008: Mr. Koch, recently called the wealthiest resident of New York City, has agreed to contribute $100 million toward the renovation of the...

Fresh or Frozen? Which kind of embryos are better?

Posted on July 10, 2008
According to a report released by Danish scientists at the 24th annual conference of the European Society of Human Reproduction and Embryology, children born as a result of using frozen embryos may actually do better than those born using fresh...

Long-Term Care Costs Increasing

Posted on July 10, 2008
The importance of planning for long-term care costs, such as by purchasing long-term care insurance, is highlighted by a recent Genworth.com/CostofCare survey reported in Jae Yang & Adrienne Lewis, Cost of long-term care rises, USA Today, July 9, 2008...

Funeral Industry Reforms

Posted on July 09, 2008
The Funeral Consumers Alliance (FCA) recently held their annual meeting in Seattle in which they discussed "simple, personalized and environmentally sound alternatives to the typical American burial." See Brendan Kiley, A Serious Undertaking, Newsweek...

Complex rules govern FDIC insurance of trust funds

Posted on July 09, 2008
The importance of knowing how FDIC insurance covers trust funds is emphasized in Gail Liberman & Alan Lavine, Are Your Trust Funds Insured?, Wall St. J., July 8, 2008. Here are a few excerpts from this article: If your bank...

The Gift and Estate Tax Charitable Deduction -- Good or Bad?

Posted on July 09, 2008
Ray D. Madoff (Professor of Law, Boston College Law School) has recently published her op-ed article entitled Dog Eat Your Taxes?, NY Times, July 9, 2008. Prof. Madoff uses the recent case of Leona Helmsley's trust which may leave as...

Special Needs Planning CLE

Posted on July 09, 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 July 15, 2008 entitled Practical Aspects of Special Needs Planning Part...

Estate Planners Needed in North Dakota

Posted on July 08, 2008
It is possible that a new millionaire is being created each day in North Dakota and each of them will need an estate plan to handle the new wealth. According to James MacPherson, Oil is making millionaires in North Dakota,...

A charitable gift which appears to be non-tax motivated

Posted on July 08, 2008
The Salwen family of Atlanta, Georgia have decided to make a significant charitable gift. What is unusual is method of making that gift and the motivation behind it. According to Rusty Dornin, Sale of 1 house will help 30 villages,...

One Attorney's "Get Rich" Method Explained

Posted on July 08, 2008
Joseph Michael Dickerson (attorney, Laredo, Texas) has recently published his book entitled The Road Map to Rich. Here is the author's description of his book: Do you want to be RICH? ?The Road Map to Rich? is [the] right book....

Spado-Watson Update

Posted on July 08, 2008
In 1991, Olive Watson adopted her same-sex partner, Patricia Spado. By doing so, Olive made Patricia her "child" so that she would be able to inherit from her upon Olive's death. In 2004, Olive's father's widow died triggering trusts which...

Funeral Songs Modernized

Posted on July 07, 2008
Centennial Park in Adelaide, Australia reports that popular songs are replacing religious songs at funerals. Only two hymns remain in their top-ten list: Amazing Grace and Abide With Me. The most popular songs are My Way sung by Frank Sinatra...

The Super-Rich and Today's Economy

Posted on July 07, 2008
Wealthy individuals across the world do not appear to be suffering despite the difficulties in today's economy. The following excerpts are from Credit crunch: why the Super Rich are , Telegraph.co.uk, June 26, 2008:different The credit crunch is all around...

Estate Planning and Family Business Owners

Posted on July 07, 2008
According to surveys conducted by U.S. Trust, Bank of America Private Wealth Management, Campden Research, and Prince & Associates, approximately one in four family-business owners do not have an estate plan. Here are the reasons cited for this failure: Too...

Entitlement Revisited

Posted on July 07, 2008
Earlier on this blog, I discussed a blatant display of entitlement theory, that is, the belief held by children that they are entitled to their parents? largess, which appeared in the ?letters to the editor? section of the Lubbock Avalanche-Journal...

Update on Luciano Pavarotti's Estate

Posted on July 06, 2008
Luciano Pavarotti was survived by his first wife (Adua), his second wife (Nicoletta, age 37), one daughter from his current marriage (Alice, age 4), and three daughters from his first marriage (Lorenza, age 44; Cristina, age 42, and Giuliana, age...

Utah modernizes its Advance Health Care Directive Act

Posted on July 06, 2008
Here are the highlights of Utah's updating of its Advance Health Care Directive Act as stated in the enrolled version of S.B. 161: defines terms; describes the standard to be used by a surrogate in making a health care decision...

How Vernonica Hearst is coping with her inheritance

Posted on July 05, 2008
Veronica Hearst is the surviving spouse of Randolph "Randy" Apperson Hearst who was the son of newspaper tycoon William Randolph Hearst. Only blood relatives (not relatives by marriage) are entitled to benefit from a trust created by William. However, her...

Top SSRN Downloads

Posted on July 05, 2008
Here are the top downloads from May 6, 2008 to July 5, 2008 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 203 2007 Developments...

Happy Independence Day!

Posted on July 04, 2008
Happy Fourth of July!!

More on Dying in 2010

Posted on July 04, 2008
Previously on this blog, I discussed the potential estate tax benefits of manipulating the date of a wealthy person's death to achieve estate tax benefits. The interest in this topic is increasing as reflected in a recent Wall Street Journal...

Should you let a beneficiary prepare your food?

Posted on July 04, 2008
Once you name a person as a beneficiary, be it of a will, life insurance policy, retirement plan, or other arrangement, you provide that person with an incentive to terminate your functioning as a carbon-based biological unit. How far do...

"Stick on" ad for charitable gifts

Posted on July 03, 2008
Below is an ad for the New York Community Trust that was affixed (via Tab-On � Ad, like a Post-It) to the Monday, June 30, 2008 edition of the New York Law Journal. I query whether charitable gift planning is...

"Sibling Divorces"

Posted on July 03, 2008
There is a growing recognition that a parent's estate plan may be the triggering factor in what has been called a sibling divorce. The following is from Jordan M. Atin, What Parents Don't Realize About Their Wills, HuffingtonPost.com, June 30,...

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