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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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Probate lawyer goes bad

Posted on July 03, 2008
A Galveston, Texas lawyer recently received a one-year, fully probated suspension from the practice of law for engaging in the following inappropriate conduct in a probate case as reported in Disciplinary Actions, 71 Tex. B.J. 492, 495 (2008): [The] Grievance...


Dynasty Trust CLE

Posted on July 03, 2008
The National Constitution Center is sponsoring a live audio conference on July 30, 2008 entitled Dynasty Trusts: Multi-Generational Drafting & Planning Techniques. Here is a description of this program: With a dynasty trust, a generation skipping transfer trust, estate tax...


Entitlement gone wild

Posted on July 02, 2008
I continue to find it amazing how children believe that they are entitled to their parents? largess. A blatant display of this opinion was recently published in the ?letters to the editor? section of the Lubbock Avalanche-Journal on June 26,...


Kansas increases the allowance for a surviving spouse and minor children from $35,000 to $50,000

Posted on July 02, 2008
The Kansas Legislature has recently increased the allowance for a surviving spouse and minor children from $35,000 to $50,000. See 2008 Kansas Laws S.B. 431.


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Leona Helmsley's Multi-Billion Dollar Trust May Benefit Dogs

Posted on July 02, 2008
It seems that Leona Helmsley's love for dogs extended way beyond her own canine, Trouble. The following is from Stephanie Strom, Helmsley, Dogs? Best Friend, Left Them Billions, NY Times, July 2, 2008: Her instructions, specified in a two-page ?mission...


Is Delaware the best state in which to establish a trust?

Posted on July 02, 2008
According to Michael Neri, a director of Merrill Lynch Trust Company of Delaware, the first state to join the Union is likely to be the best state in which to establish a trust. Why? Here is a list of possible...


The LLC?Asset Protection Interface

Posted on July 01, 2008
Linscott R. ?Lin? Hanson (Di Monte & Lizak, LLC, Park Ridge, Illinois) has recently published his article entitled Don?t Use an LLC for Asset Protection, 96 Ill. B.J. 314 (2008). Mr. Hanson explains several theories which a creditor may use...


West Virginia enacts Viatical Settlements Act

Posted on July 01, 2008
On March 13, 2008, the West Virginia governor signed into law the "Viatical Settlements Act" which will govern viatical settlements of life insurance policies between life insurance policyholders and third parties, provide for licensing of viatical settlement providers and brokers,...


How best to disregard a deceased charitable donor?s intent

Posted on July 01, 2008
Rob Atkinson (Ruden, McClosky, Smith, Schuster & Russell Professor of Law, Florida State University) has recently published his article entitled The Low Road to Cy Pres Reform: Principled Practice to Remove Dead Hand Control of Charitable Assets, 58 Case W...


Illinois & Medicaid Law

Posted on July 01, 2008
The recent Supreme Court of Illinois case of Poindexter v. Dept. of Human Services, No. 104853 (April 3, 2008), addressed Medicaid?s interface with the state?s ability to collect nursing home expenses. Here is the summary of the case by the...


Evil probate lawyer faces life in prison

Posted on June 30, 2008
Terry Erwin Stork, an Austin, Texas lawyer, has recently pled guilty to felony theft for conduct relating to various estates. Here is some of the conduct in which Stork is accused of engaging: Mismanaged or stole property worth over $800,000....


Iowa enacts Viatical Settlement Act

Posted on June 30, 2008
On May 10, 2008, the Iowa governor signed into law the "Viatical Settlements Act" to regulate these settlements and to provides penalties and fees. See 2008 Ia. Legis. Serv. S.F. 2392.


Is Maringo suffering from an insane delusion?

Posted on June 30, 2008
The following excerpt is from Maringo v. McGuirk, 2008 WL 631304 (5th Cir. 2008). The case is actually about whether an attorney was guilty of harassment but the facts certainly make one wonder whether Maringo was suffering from an insane...


Idaho grants spouses the ability to hold community real property with rights of survivorship

Posted on June 30, 2008
Starting tomorrow (July 1, 2008), the Idaho spouses may now hold community real property with rights of survivorship. Here is the statement of the new law's purpose prepared by the Idaho legislature: Idaho law allows for real estate to be...


New Hampshire to examine guardians for the elderly

Posted on June 29, 2008
New Hampshire is wisely studying how to care for the state's aging population anticipating that the number of its citizens over age 65 will double by 2030. Administrative Judge David King has created a "Task Force on Professional Guardians" which...


Top SSRN Downloads

Posted on June 29, 2008
Here are the top downloads from April 30, 2008 to June 29, 2008 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 201 2007 Developments...


Rest in Peace??

Posted on June 28, 2008
Noah, Louisa, and Martha Aldrich died over 150 years ago in Vermont. They were buried in a private cemetery in Hartland. J. Michel Guite petitioned the Woodstock Probate Court for permission to move the graves from the farm Guite is...


Charitable Gift Planning

Posted on June 28, 2008
Thomas J. Ray, Jr. (attorney, St. Louis, Missouri) has recently published his book entitled Charitable Gift Planning: A Practical Guide for the Estate Planner (2nd ed.). Here is a description of this book: When Congress passed the Pension Protection Act...


Eastern Michigan University receives $2.2 million gift from estate of Jean Noble Parsons

Posted on June 27, 2008
The following announcement is from EMU receives largest estate gift in school history, Feb. 5, 2008: Eastern Michigan University has received $2.2 million from the trust of renown sculptor and potter Jean Noble Parsons (1929-2000). The estate gift is the...


More on Millionaire Growth

Posted on June 27, 2008
Earlier on this blog, I reported the despite what some people deem a time of economic downturn, it appears that more individuals then ever are being financially successful. Here is additional substantiation from Nicholas Fang, There are 77,000 S'porean millionaires,...


The Daniel Gross Story Continues

Posted on June 27, 2008
Several years ago, Daniel Gross was held against his will in a Connecticut nursing home for over 10 months because he become ill in Connecticut even though he was a New York resident. Judge Joseph Gormley determined that this was...


Where should older or disabled persons live?

Posted on June 27, 2008
Lawrence A. Frolik (Professor of Law, University of Pittsburgh School of Law) has recently published his book entitled Residence Options for Older and Disabled Clients. Here is a description of this book: With the recent census figures reporting that more...


Planning for Retirement

Posted on June 26, 2008
Marcia Chadwick Holt (attorney, Davis Graham & Stubbs, LLP, Denver, Colorado) has recently published her book entitled Estate Planning for Retirement. Here is a description of this book: In her new book, ?Estate Planning for Retirement,? author Marcia Chadwick Holt...


Neil Entwistle convicted of double murder

Posted on June 26, 2008
Earlier on this blog, I reported on the likely beginning of a slayer case in which Neil Entwistle was accused of murdering his wife and daughter. An "interesting" thing about this case was the recent revelation that four days before...


A deed designating the trust as the grantee is sufficient to pass legal title to the trustee

Posted on June 26, 2008
Prior state law provided that a deed that simply added the words ?trustee? or ?as trustee? to the name of the grantee conveyed to the grantee a fee simple estate unless the contrary intention appeared on the face of the...


Settlor has standing to seek reformation

Posted on June 26, 2008
In Bilafer v. Bilafer, 73 Cal. Rptr. 3d 880 (Cal. Ct. App.), the court held that the settlor of an irrevocable trust of which the settlor was neither a beneficiary or trustee has standing under the common law to petition...


Reducing Inheritance Battles

Posted on June 25, 2008
The following excerpts are from Sarah Jio, Inheritance battles -- how to avoid them, CNN.com, June 23, 2008: Arguments over family heirlooms and other belongings from a parent's estate can disrupt even the closest-knit families. * * * When families...


Number of millionaires continues to grow

Posted on June 25, 2008
Despite what some people deem a time of economic downturn, it appears that more individuals then ever are being financially successful. Here are some of the key findings from a report issued by Merrill Lynch and the Capgemini Group: Over...


How to make wealth healthy

Posted on June 25, 2008
Gerald Le Van has recently published his book entitled Healthy Wealth in Families. Here is a description of this book: Inevitably, shared wealth will have a profound effect on family relationships. Families who are "joined at the wallet" encounter rare...


The Estate Tax--Presidential Candidates Interface

Posted on June 25, 2008
One of the factors which you should consider in deciding on which candidate for President of the United States to support, is that candidate's view on taxation. With respect to the estate tax, Sen. Obama and Sen. McCain have very...


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