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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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Ohio Supreme Court holds family has no right to decedent's brain

Posted on June 07, 2008
In Albrecht v. Treon, Slip Opinion No. 2008-Ohio-2617, the Ohio Supreme Court decided that [t]he next of kin of a decedent upon whom an autopsy has been performed do not have a protected right under Ohio law in the decedent?s...


Anna Nicole Smith -- Body Disposition Analyzed

Posted on June 07, 2008
James T.R. Jones (Professor of Law, Louis D. Brandeis School of Law at the University of Louisville) has recently posted on SSRN his article entitled Anna Nicole Smith and the Right to Control Disposition of the Dead. This article also...


Colorado creates personal representative oversight procedure

Posted on June 06, 2008
Colorado has added a new part to its statutes dealing with decedent's estates to provide a procedure for the judicial oversight of personal representatives. The statute provides that "[a] court, incident to a court proceeding, possesses and may employ all...


Elder Law CLE

Posted on June 06, 2008
The American Bar Association Commission on Law and Aging, Senior Lawyers Division, Section of Real Property, Trust and Estate Law, Center for Professional Responsibility, Standing Committee on Pro Bono and Public Service, Section of Administrative Law & Regulatory Practice, General...


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Estate Planning for Minors CLE

Posted on June 06, 2008
The National Constitution Center is sponsoring a live audio conference on July 2, 2008 entitled Estate Planning for Minors: Drafting & Administering Do?s and Don?ts. Here is a description of this program: Estate planning for minor children can be difficult...


To what extent should the charitable intent of a donor be honored?

Posted on June 06, 2008
The debate continues to rage on regarding the extent to which a donor's charitable intent needs to be honored by the entity that receives the gift. For example, an extensive website has been established by the plaintiffs in the case...


New York and Same-Sex Marriages -- An Update

Posted on June 05, 2008
Earlier on this blog, I reported that New York governor David A. Paterson directed all state agencies to begin to revise their policies and regulations to recognize same-sex marriages performed in other jurisdictions. The Alliance Defense Fund, an Arizona Christian...


University of San Francisco School of Law seeks T&E Professor

Posted on June 05, 2008
The following announcement is from the University of San Francisco School of Law: The University of San Francisco School of Law is seeking to fill several positions on its full-time faculty beginning in the 2009-2010 academic year. The School welcomes...


Did son forged dad's will to cut out mistress?

Posted on June 05, 2008
Englishman Jimmy Swanston had a long-term (15 years) relationship with a Pat Powell, a woman about 35 years younger than Jimmy. When Jimmy died in 2003 with an estate valued at approximately 26 million pounds, Pat found out that she...


Albany Law School Seeks T&E Professor

Posted on June 05, 2008
The following announcement is from the Albany Law School: Albany Law School invites applications for three or more tenure-track positions beginning in the fall of 2009. Appointment will be made at the assistant, associate or full professor level, depending on...


Compilation of Elder Law Documents

Posted on June 04, 2008
The Rights of Older Persons: A Collection of International Documents" is now available. This book is edited by Prof. Israel Doron (Haifa University) and Prof. Kate Mewhinney (Wake Forest University). The book holds a unique collection of all the main...


Gambling on your lifespan -- a good way to make money?

Posted on June 04, 2008
A new form of gambling may be emerging, that is, gambling on your own lifespan. Here is how this technique would work. First, you determine your life expectancy based on age, medical condition, family history, etc. Then, you go to...


Is too much of a good thing bad?

Posted on June 04, 2008
Daphna Lewinsohn-Zamir (Professor, Hebrew University Faculty of Law) has recently posted on SSRN her article entitled More is Not Always Better than Less: An Exploration in Property Law. Here is the abstract of her article: The common intuition that more...


Children Take Classes on How to be Rich

Posted on June 04, 2008
Wealthy parents are beginning to realize that it is not easy for their children to be rich. There is a growing trend to start educating them on the ins and outs of being rich even before they start high school....


2008 Estate Tax Predictions

Posted on June 03, 2008
Here is a prediction for how Congress will address federal estate tax issues this session from Tom Herman, What Congress Is Likely To Do to Your Tax Bill, Wall St. J., May 14, 2008, at D3: Expect lots of heated...


California Pet Trusts Bill Update

Posted on June 03, 2008
The bill to make substantial revisions to the California Probate Code § 15212 which provides that "[a] trust for the care of a designated domestic or pet animal may be performed by the trustee for the life of the animal,...


Cremains of Pringles Can Inventor to be Buried in Pringles Can

Posted on June 03, 2008
Fredric J. Baur, the designer of the Pringles can, died on May 4, 2008. According to AP, Pringles Can Inventor Buried In Pringles Can, HuffingtonPost.com, June 2, 2008: Baur's children said they honored his request to bury him in one...


Texas Attorney General Concludes Portions of "Bad Parent" Statute Unconstitutional

Posted on June 03, 2008
The 2007 Texas Legislature provided that under certain circumstances, a bad parent will not be able to inherit from his or her minor child or, in some cases, from any minor child under Probate Code § 41(e) & (f). The...


Series Family Limited Liability Companies

Posted on June 02, 2008
In his May 2008 issue of Estate Analyst in an article entitled The Series FLLC: Copasetic Estate Planning for the 21st Century?, Robert L. Moshman discusses the effective use of multiple family limited liability companies. Here is an excerpt from...


Getting information to survivors at the right time

Posted on June 02, 2008
A person's survivors (heirs, beneficiaries, individuals with survivorship rights, etc.) need to know about their about their rights. However, many people to not want to entrust all of this personal information to these people "too early," that is, while they...


Funeral Home Runs on Solar Power

Posted on June 02, 2008
Bob Prout, owner of the Prout Funeral Home in Verona, New Jersey, installed an array of solar panels on the roof of his business about three years ago. Now, with the rising cost of energy, his investment is really paying...


Top SSRN Downloads

Posted on June 02, 2008
Here are the top downloads from April 3, 2008 to June 2, 2008 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 185 2007 Developments...


Can AGs convince California Supreme Court to stay its same-sex marriage ruling?

Posted on June 01, 2008
Earlier on this blog, I reported on the case of In re Marriage Cases decided May 15, 2008 by the California Supreme Court holding that two state laws that had limited marriages to opposite-sex partners are unconstitutional and that single-sex...


Elder financial abuse from a PI?s perspective

Posted on June 01, 2008
Joe Roubicek has recently published his book entitled Financial Abuse of the Elderly; A Detective's Case Files of Exploitation Crimes. Here is the description of this book as found on amazon.com: The author is a Florida detective recognized as an...


Britany Spears mentally incompetent to appear in probate court

Posted on May 31, 2008
According to AP, Attorney: Spears not fit enough to take part in probate case, CNN.com, May 30, 2008: Britney Spears is not yet fit to participate in court proceedings in her conservatorship case, her lawyer told a Los Angeles Superior...


Should the way in which Elder Law is practiced be modernized?

Posted on May 31, 2008
Peter C. Sisson (Principal, Sisson & Sisson, Boise, Idaho) has recently published his article entitled Life Care Planning: The Comprehensive Elder Law Approach to Planning for the Chronic Care of Seniors, 44 Idaho L. Rev. 481 (2008). Here are some...


Stonehenge -- An Elite Cemetery?

Posted on May 30, 2008
It appears that Stonehenge may have, among other things, served as a cemetery. The following excerpts are from AP, Stonehenge was a place of burial, researchers say, CNN.com, May 29, 2008: England's enigmatic Stonehenge served as a burial ground from...


Symptoms of Over-Medication Mimic ?Old Age? Aliments

Posted on May 30, 2008
An older person who starts behaving in a unusual or bizarre manner may not actually be suffering from Alzheimer?s, Parkinson?s, dementia, or some other aliment. Instead, the symptoms may be the result of over-medication, either inadvertent or intentional...


The Use of Advance Payment Retainers in the Estate Planning Context

Posted on May 30, 2008
David A. Berek (Credit Suisse Family Wealth Management) and Fred McMorris (McMorris Law Offices, Schaumburg, Illinois) have recently published their article entitled Engagement Letters, Fees, and the Dowling Case, 96 Ill. B.J. 262 (2008). Here are some excerpts from their...


What to do about revoked wills?

Posted on May 30, 2008
Assume that you have prepared Client?s will and you have retained the original will in your firm?s safe deposit box. Client then executes a subsequent will. What should you do with the ?old original.? This is the topic of a...


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