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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

Same-Sex Marriage in Massachusetts -- Four Years Later

Posted on June 16, 2008
It has now been four years since Massachusetts authorized same-sex couples to marry. Here are some excerpts from Pam Belluck, Gay Couples Find Marriage Is a Mixed Bag, NY Times, June 15, 2008: Some same-sex couples say being married has...

The Intriguing Story of the Hunt Family

Posted on June 16, 2008
Earlier on this blog, I reported that the heirs of Texas oilman H.L. Hunt are preparing to sell Hunt Petroleum Corp. for $4.19 billion to XTO Energy, Inc. and that one of H.L.'s great-grandsons claims that he will attempt to...

Tax CLE

Posted on June 16, 2008
On July 25-26, 2008, the Southern California Institute is sponsoring a program entitled California Forum Goes to Tax Camp. Here is a description of this program: The Southern California Institute is very excited and proud to announce that we, along...

Wills, Trusts & Estates Prof Blog has 500,000th visitor!

Posted on June 16, 2008
Sometime in the early hours today (June 16, 2008), this blog received its 500,000th visitor. I would like to take this opportunity to thank my readers for their continued support and interest. And, as always, your comments and contributions are...

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Settlement Reached in Tobias Case

Posted on June 15, 2008
The strange case of the death of Seth Tobias, founder of the Circle T Family of Funds, may be coming to a close. Seth died on September 4, 2007. He was found dead in his swimming pool. Seth's brothers accused...

Top SSRN Downloads

Posted on June 15, 2008
Here are the top downloads from April 16, 2008 to June 15, 2008 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 194 2007 Developments...

Has she been killing off her husbands for fifty years?

Posted on June 14, 2008
In a fact-pattern more like a Hollywood movie, it is possible that Betty Neumar 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...

California Prepares for Influx of Same-Sex Couples Seeking to Marry

Posted on June 14, 2008
It appears that the California Supreme Court will not be staying its opinion in the case of In re Marriage Cases decided May 15, 2008. Accordingly, same-sex marriages will start next week in California. Here are some additional details from...

What is the true role of a guardian?

Posted on June 13, 2008
Lawrence A. Frolik (Professor of Law, University of Pittsburgh) has recently published his article entitled Is a Guardian the Alter Ego of the Ward?, 37 Stetson L. Rev. 53 (2007). Here is an excerpt from his article: I want to...

Durable Powers of Attorneys -- Problems and Solutions

Posted on June 13, 2008
Linda S. Whitton (Professor of Law, Valparaiso University School of Law) has recently published her article entitled Durable Powers as an Alternative to Guardianship: Lessons We Have Learned, 37 Stetson L. Rev. 7 (2007). Here are some excerpts from the...

Kern County California -- No Marriages Performed

Posted on June 13, 2008
As discussed earlier on this blog, same-sex couples will be able to marry in California starting June 17, 2008 unless the California Supreme Court stays its opinion until after the November elections. To keep from having to perform same-sex marriages,...

Happy Friday the 13th!

Posted on June 13, 2008
Hope your day is most lucky!!

Heirs of H.L. Hunt to sell Hunt Petroleum

Posted on June 12, 2008
The heirs of Texas oilman H.L. Hunt are preparing to sell Hunt Petroleum Corp. for $4.19 billion to XTO Energy, Inc. However, the lawyer for one of H.L.'s great-grandsons claims that he will attempt to block the sale because his...

Tennessee's version of the UTC analyzed

Posted on June 12, 2008
C. Shawn O'Donnell (J.D., 2007, The University of Memphis, Cecil C. Humphreys School of Law) has recently published his Note entitled Exploring the Tennessee Uniform Trust Code, 38 U. Mem. L. Rev. 489-535 (2008). Here are some excerpts from the...

Indiana precludes a parent who illegally kills the other parent from inheriting from the deceased parent?s child

Posted on June 12, 2008
Effective July 1, 2008, Indiana will preclude a parent who illegally kills the other parent from inheriting from the deceased parent?s child. No connection between the child?s death and the conduct of the disinherited parent is required to trigger to...

Skills Training for Estate Planners CLE Program

Posted on June 12, 2008
Sponsored by the American Bar Association Section of Real Property, Trust and Estate Law, the 2008 Skills Training for Estate Planners CLE Program will be held July 21 -25, 2008 at New York Law School in New York City. Here...

The next issue -- Same-sex divorce

Posted on June 11, 2008
Now that more states are recognizing same-sex marriage, the next issue is likely to be same-sex divorce. Here are some excerpts from Nathan Koppel, Same-sex couples face another hurdle: divorce, Wall St. J., June 10, 2008: Next week, same-sex couples...

Christie's to auction James Brown items

Posted on June 11, 2008
According to Chris Michaud, Ain't It Funky Now: James Brown items for sale, Yahoo! News, June 10, 2008: Fans of James Brown will have a chance to own some of the legendary soul singer's funky stuff when Christie's puts hundreds...

Idaho enacts Uniform Power of Attorney Act

Posted on June 11, 2008
On July 1, 2008, the Idaho version of the Uniform Power of Attorney Act will take effect. 2008 Idaho Laws Ch. 186.

"Golden Coffins" on the rise

Posted on June 11, 2008
The following excerpts are from Mark Maremont, Companies Promise CEOs Lavish Posthumous Paydays, Wall St. J., June 10, 2008, at A1: You still can't take it with you. But some executives have arranged for the next best thing: huge corporate...

Aging does NOT necessarily mean "losing it"

Posted on June 10, 2008
Many people believe that "losing it" is a necessary part of the aging process and that all that is uncertain is the timing -- is it in the 60's, 70's, or 80's. A recent study has revealed that mental deterioration...

What happens if witnesses attest before testator executes?

Posted on June 10, 2008
In the case of In re Estate of Pruitt, 249 S.W.3d 654 (Tex. App.?Fort Worth 2008, no pet. h.), Testatrix left nominal amounts in her will to her estranged children and the bulk of her estate to Beneficiaries. The evidence...

Same-sex marriage good for the economy

Posted on June 10, 2008
Yesterday on this blog, I discussed how 12,000 New York same-sex couples are anticipated to head to California to marry where same-sex marriage will be allowed starting June 17, 2008. According to William M. Welch, Business will reap benefits, USA...

Bad behavior justifies removal as executor

Posted on June 10, 2008
In the case of In re Roy, 249 S.W.3d 592 (Tex. App.?Waco 2008, pet. filed), Testatrix?s will named one of her four children as the Independent Executor of her estate. The trial court removed him from office for various breaches...

Despite risk, New York same-sex couples plan to marry in California

Posted on June 09, 2008
Perhaps 12,000 New York same-sex couples are heading to California to marry where same-sex marriage will be allowed starting June 17, 2008. The following excerpts are from Andrea Stone, N.Y. gays dash to altar via Calif., USA Today, June 9,...

AARP explains pet trusts

Posted on June 09, 2008
Laura Daily in her article In Pets We Trust, AARP, June 2008, discusses the importance of planning for your pets. Here are some excerpts from her article: Animals who outlive their owners face uncertain fates. Under the best circumstances, a...

Georgia Enacts Revised Uniform Anatomical Gift Act

Posted on June 09, 2008
On May 12, 2008, the Georgia governor signed Senate Bill 405 which enacts the Revised Uniform Anatomical Gift Act.

Court rejects terminating irrevocable trusts because settlors have "change of heart" decade later

Posted on June 09, 2008
In the case of In re White Intervivos Trusts, 248 S.W.3d 340 (Tex. App.?San Antonio 2007, no pet. h.)., Settlors created four irrevocable trusts naming their five grandchildren as beneficiaries. Settlors? two children (the parents of the beneficiaries) were named...

Should the criminal status of donees impact priority for organs?

Posted on June 08, 2008
The way in which organs are allocated is constantly subject to debate. Recently, it has been reported that four Japanese gang figures received liver transplants at the U.C.L.A. Medical Center while hundreds of law-abiding patients died as they waited for...

Top SSRN Downloads

Posted on June 08, 2008
Here are the top downloads from April 9, 2008 to June 8, 2008 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 187 2007 Developments...

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