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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

Estate Planning, Estate Administration, & Elder Law make the "hot" areas of practice list

Posted on June 24, 2008
Attorney Robert Denney has prepared a list of practice areas which he believes are "hot." Included on this list are the following topics: Estate Planning Estate Administration Elder Law

Special Needs of Women in Estate Planning

Posted on June 24, 2008
Earlier on this blog, I reported that The American Bar Association Section of Real Property, Trust and Estate Law and the ABA Center for Continuing Legal Education sponsored a CLE on May 6, 2008 entitled Working with Women Clients in...

Probate Judge Russell Austin Dies

Posted on June 24, 2008
It is with great sadness that I report the passing of Harris County Probate Court No. 1 Judge Russell Austin on June 23, 2008. The following is based on an e-mail announcement from the Houston Bar Association: Judge Austin had...

Don't go scuba diving with a benficiary -- Update

Posted on June 24, 2008
Earlier on this blog, I reported that Gabe Watson will stand trial for the death of his wife, Tina Watson, in what was formerly deemed an accidental drowning while scuba diving. The alleged motive for the crime was to collect...

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Oklahoma authorizes transfer on death deeds for real property

Posted on June 23, 2008
Starting November 1, 2008, real property in Oklahoma may be held in transfer on death form under the recently enacted Nontestamentary Transfer of Property Act. 2008 Okla. Sess. Law Serv. Ch. 78. Oklahoma joins the approximately nine other states (Arizona,...

Which is better -- FLP or LLC?

Posted on June 23, 2008
The following is from Robert L. Moshman, Esq., FLP vs. LLC & Sam Walton's FLP Estate, published in the June 2008 issue of The Estate Analyst: Both the family limited partnership and the family limited liability corporation can provide the...

Special trustee may exercise the power to adjust for year preceding appointment

Posted on June 23, 2008
The beneficiary-trustee obtained the appointment of a special trustee whose sole responsibility was to decide on the propriety of the use of the power to adjust under Nevada?s version of the Uniform Principal and Income Act. The trustee was appointed...

Top SSRN Downloads

Posted on June 23, 2008
Here are the top downloads from April 24, 2008 to June 23, 2008 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 196 2007 Developments...

Don't go scuba diving with a benficiary --- especially if he just increased your life insurance

Posted on June 22, 2008
Unfortunately for Tina Watson, it appears that she did not learn this valuable lesson. In October 2003, Tina Watson drowned while diving with her new husband, Gabe Watson, in Australia at the Great Barrier Reef. Although at first thought to...

Expecting an inheritance? Not so fast ----

Posted on June 22, 2008
Ron Lieber explains 8 Reasons You Should Not Expect an Inheritance, NY Times, June 21, 2008. These reasons are as follows: People who make it to 65 will live a lot longer. Social Security and Medicare will probably change. Fewer...

A Cooperative System for Anatomical Gifts

Posted on June 21, 2008
Christopher Tarver Robertson (Academic Fellow, The Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics at Harvard Law School) has recently published his article entitled From Free Riders to Fairness: A Cooperative System for Organ Transplantation, 48 Jurimetrics J...

Keeping your retirement money safe

Posted on June 21, 2008
The following excerpts are from Kelly Greene, How to Bulletproof Your Nest Egg, Wall St. J., June 14, 2008, at R1: Increasingly, financial planners and researchers are warning clients that the timing of retirement -- in other words, the luck...

Happy First Day of Summer

Posted on June 21, 2008
Happy First Day of Summer!!

Two Year J.D. Program to be offered at Northwestern

Posted on June 20, 2008
The following post is reproduced from the Tax Prof Blog: Northwestern will become the first Top Tier law school to offer an accelerated, two-year J.D., starting in Fall 2009 (Southwestern has offered a two-year program since 1974, and Dayton began...

A Slayer Case Begins

Posted on June 20, 2008
Neil Entwistle is accused of murdering his wife and daughter. A conviction would trigger any applicable slayer statute which would prevent him from inheriting from or taking under the wills of his victims. What is "interesting" about this case is...

Maine enacts Revised Uniform Anatomical Gift Act

Posted on June 20, 2008
Effective January 1, 2008, the Revised Uniform Anatomical Gift Act took effect in Maine. 2008 Me. Legis. Serv. Ch. 601.

Notary may be counted as a will witness

Posted on June 20, 2008
A dispute arose whether the witnesses attested in the testator?s presence. Three witnesses signed the testator?s will, one of them a notary public who testified that she was present not to act as a witnesses but ?to notarize the witnesses.?...

Happy Happiest Day of the Year!

Posted on June 20, 2008
Today, June 20, 2008, is the Happiest Day of 2008! According to Rebecca Smith, Today is the happiest day of the year according to Cliff Arnall's maths formula, Telegraph.co.uk, June 20, 2008: According to the research this has been worked...

Estate Planning for Children CLE

Posted on June 19, 2008
The National Constitution Center is sponsoring a program entitled Estate Planning for Children: Lifetime Care Essentials on July 2, 2008. Here is a description of this program: Planning for the lifetime care of a child can be difficult, and is...

Third Edition of Trusts & Estate Income Taxation casebook to be released in August

Posted on June 19, 2008
The Third Edition of Federal Income Taxation of Trusts and Estates: Cases, Problems, and Materials by Mark L. Ascher (Joseph D. Jamail Centennial Chair in Law, University of Texas School of Law) and Robert T. Danforth (Associate Dean for Academic...

Special Needs Planning CLE

Posted on June 19, 2008
The American Bar Association Section of Real Property, Trust and Estate Law and the ABA Center for Continuing Legal Education are sponsored a teleconference and live audio webcast on July 15, 2008 entitled Practical Aspects of Special Needs Planning Part...

Signatures of the witnesses on the self-proving affidavit deemed sufficient

Posted on June 19, 2008
The testatrix signed her will following the testimonium on page three of the document which recited that the will consisted of five pages. The notary public present at the execution then printed the names of the three witnesses on the...

St. Olaf order issued

Posted on June 18, 2008
Here is an update on the St. Olaf radio station dispute from Elizabeth Stawicki, Judge clears way for St. Olaf to use some WCAL donations, MPR, June 12, 2008: Rice County Judge Gerald Wolf has lifted some, but not all,...

Is renouncing U.S. citizenship a good method of avoiding the federal estate tax?

Posted on June 18, 2008
The following excerpts are from Martin A. Vaughan, New Law Makes Escape Tougher For Tax Exiles, Wall St. J., May 28, 2008, at D1: It's been called "the ultimate estate plan": moving to a desert island or other far-off locale...

Planning to Die in 2010

Posted on June 18, 2008
Under current law, there will be no estate tax for individuals who die in 2010. Accordingly, some wealthy individuals may plan for their demise to occur during 2010. The following is from Stephen Moore, Death by Taxes: Seniors May Plan...

Spring 2008 Issue of Wake Forest's E-Clinic News Now On-line

Posted on June 18, 2008
The Spring 2008 issue of E-Clinic News describing the activities of The Elder Law Clinic at the Wake Forest University School of Law is now on-line. The issue clearly reflects why this program is one of the most respected elder...

West Virginia enacts Revised Uniform Anatomical Gift Act

Posted on June 17, 2008
West Virginia enacts Revised Uniform Anatomical Gift Act 2008 West Virginia Laws Ch. 191. As explained in the legislation: The Revised Act makes it easier to make a document of gift, particularly with regard to organ donor notations on drivers'...

Same-Sex Marriages Begin in California

Posted on June 17, 2008
The California Supreme Court did not stay its opinion in In re Marriage Cases in which it held in a 4-3 opinion that two state laws that had limited marriages to opposite-sex partners are unconstititional and held that single-sex couples...

More on Betty Neumar, the alleged serial husband murderess

Posted on June 17, 2008
Earlier on this blog, I reported about Betty Neumar who may have been killing off her husbands for fifty years. Five times since the 1950s, she has been married and each marriage has ended with the death of the husband....

Court reduces size of Trouble's pet trust

Posted on June 17, 2008
You may remember that earlier on this blog I discussed the Last Will and Testament of Leona M. Helmsley in which Leona left her dog, Trouble, to her brother (Alvin). She also left $12 million to the Leona Helmsley July...

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