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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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Special Needs Planning CLE

Posted on May 29, 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 June 3, 2008 entitled Practical Aspects of Special Needs Planning Part...


Will a curse help carry out body disposition desires? Shakespeare thought so.

Posted on May 29, 2008
William Shakespeare is buried in the Holy Trinity Church in Stratford-upon-Avon. Some scholars believe that he was very concerned about the disposition of his body upon death and thus wrote on a stone marker which is now above his grave,...


Wills, Trusts, & Estates Prof Blog Included on List of Top 50 Law School Blogs

Posted on May 29, 2008
In Alisa Miller, Legal Counsel: Top 50 Law School Blogs, CollegeDegrees.com, May 28, 2008, the Wills, Trusts & Estates Prof Blog is included in an unranked list of the top 50 law school blogs. To all my readers, I greatly...


New York Recognizes Same-Sex Marriages From Other Jurisdictions -- Update

Posted on May 29, 2008
Earlier on this blog, I reported that on February 1, 2008, a New York appeals court held in Martinez v. County of Monroe that same-sex marriages that are valid in the jursidiction where performed are entitled to recognition in New...


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Post-Nuptial Contracts -- New Way to Save Failing Marriages??

Posted on May 28, 2008
There appears to be a growing trend of using post-nuptial contracts as a way of "saving" rocky marriages. Here are some excerpts from Abigail Trafford, A Mid-Marriage Change in the Rules May Make Sense, Washington Post, May 27, 2008, at...


Clever Quirk in UDPIA May Allow Deadbeat Debtors to Avoid Creditors

Posted on May 28, 2008
Adam J. Hirsch (William and Catherine VanDercreek Professor of Law, Florida State University College of Law) has recently published his article entitled The Uniform Acts' Loophole in Fraudulent Conveyance Law, Estate Planning, Dec. 2007, at 20. Here is the abstract...


UBS tells employees to avoid travel to U.S. to prevent arrest

Posted on May 28, 2008
To reduce the chance of its employees being arrested in connection with tax evasion schemes, UBS has recommended that travel to the United States be curtailed. Here is an excerpt from a report by Haig Simonian, UBS tells unit staff...


New York City to Help Potential Organ Donors

Posted on May 28, 2008
One of the biggest hurdles in carrying out the intent of an organ donor is that the body deteriorates before doctors have the chance to remove organs. As Robert Davis, Buying time for organ recovery, USA Today, May 7, 2008,...


Makdisi and Bogart Publish 5th Edition of "Estates in Land and Future Interests"

Posted on May 27, 2008
John Makdisi (Professor of Law, St. Thomas University School of Law) and Daniel B. Bogart (Director of the Center for Land Resources, and Donley and Marjorie Bollinger Chair in Real Estate, Land Use and Environmental Law, Chapman University School of...


ALI-ABA Sponsors Representing Beneficiaries Program

Posted on May 27, 2008
ALI-ABA is sponsoring a seminar entitled Representing Estate and Trust Beneficiaries and Fiduciaries on July 17-18, 2008 in San Francisco. The course is also available as a live video webcast. Here is a description of this program: This annual advanced...


Do CEOs gain unfair tax benefits by donating their own stock to family foundations?

Posted on May 27, 2008
David L. Yermack (Professor of Finance, Daniel P. Paduano Faculty Fellow, Yamaichi Faculty Fellow, New York University Stern School of Business) has recently posted on SSRN his article entitled Deduction Ad Absurdum: CEOs Donating Their Own Stock to Their Own...


The "Ghost Busters" Will Interface

Posted on May 27, 2008
Christopher J. Buccafusco (student, University of Chicago Law School) has recently posted on SSRN his article entitled Spiritualism and Will(s) in the Age of Contract. Here is the abstract of his article: Spiritualism was one of the most salient cultural...


Kenedy Ranch Update

Posted on May 26, 2008
John G. Kenedy, Jr. [one n] was the heir to an enormous ranch deep in South Texas. John died in 1948. His will left all of his "property of every character and [description] both personal and mixed" to his wife....


Do charities (or charitable gifts) deserve special tax treatment?

Posted on May 26, 2008
Granting tax relief to charities and gifts to charties increases the tax burden on everyone else. Some states are starting to conclude that this unfairness is not justified. For a discussion of some recent developments, see Stephanie Strom, Exemptions for...


Happy Memorial Day

Posted on May 26, 2008
With the sincerest appreciation to all who have died in our nation's service. Follow this link for detailed information on Memorial Day.


Willbanks publishes "Federal Taxation of Wealth Transfers" Second Edition

Posted on May 26, 2008
Stephanie J. Willbanks (Vice Dean for Academic Affairs and Professor of Law, Vermont Law School) has recently published the second edition of her casebook entitled Federal Taxation of Wealth Transfers: Cases and Problems. Here is an excerpt from the publisher's...


Gazur and Phillips publish "Estate Planning: Principles and Problems" Second Edition

Posted on May 25, 2008
Wayne M. Gazur (Professor of Law, University of Colorado School of Law) and Robert M. Phillips (Adjunct Professor of Law, University of Colorado School of Law) have recently published the second edition of their book entitled Estate Planning: Principles and...


Top SSRN Downloads

Posted on May 25, 2008
Here are the top downloads from March 26, 2008 to May 25, 2008 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 177 2007 Developments...


Equitable Adoption Analyzed

Posted on May 24, 2008
Michael J. Higdon (Lawyering Process Professor, William S. Boyd School of Law at the University of Nevada, Las Vegas) has recently published his article entitled When Informal Adoption Meets Intestate Succession: The Cultural Myopia of the Equitable Adoption Doctrine, 43...


"The Shelf Project"

Posted on May 24, 2008
According to its website, "[t]he Shelf Project is a collaboration by professionals in the tax community to develop and perfect proposals that Congress can pull off the shelf when it needs revenue. By some projections, Congress will need $4 trillion...


Need an Organ -- Don't Smoke Weed Revisited

Posted on May 23, 2008
Earlier on this blog, I reported on the case of Timothy Garon who was suffering from hepatitis C and was in urgent need of a liver transplant. Timothy was refused a spot on the transplant list because of his use...


Heritage "Trusts & Estates Newsletter"

Posted on May 23, 2008
Heritage Auction Galleries is an auction house which works extensively with fiduciaries such as executors, administrators, and trustees when the property under administration consists of collectibles such as artwork, stamps, coins, and comic books. The company publishes a Trusts &...


The Reading "Bucket List"

Posted on May 23, 2008
Due to the popularity of the movie Bucket List about two terminally ill men who leave a cancer ward to take a road trip with a list of things they want to do before they die, people have been giving...


"How to Build and Manage an Estates Practice" Second Edition Released

Posted on May 22, 2008
Daniel B. Evans has recently authored the second edition of his classic book entitled How to Build and Manage an Estates Practice. Here is the publisher's description of the book: Specifically tailored to the unique needs of the estates and...


Law and Proximity -- An Interesting Interface

Posted on May 22, 2008
Adam J. Hirsch (William and Catherine VanDercreek Professor of Law, Florida State University College of Law) and Gregory Mitchell (Professor of Law & E. James Kelly, Jr.-Class of 1965 Research Professor, University of Virginia School of Law) have recently published...


Innovative Study Aid for Wealth Transfer Taxation Courses

Posted on May 22, 2008
Alexandra Klein (attorney, New York), with the assistance of Aejaz Dar (attorney, New York) and Mitchell M. Gans (Steven A. Horowitz Distinguished Professor of Tax Law, Hofstra University), has recently published The Estate and Gift Tax Map -- Federal Estate...


Reminder: Deadline for ABA Student Writing Competition Approaching

Posted on May 22, 2008
The June 20, 2008 deadline for the ABA Real Property, Probate and Trust Journal Law Student Writing Competition discussed previously on this blog is rapidly approaching. The following is from the official ABA announcement: The University of Miami School of...


Re-examining standing of heirs and beneficiaries to challenge decedent?s marriage after death

Posted on May 21, 2008
Terry L. Turnipseed (Assistant Professor of Law, Syracuse University College of Law) has recently posted on SSRN an updated version of his article entitled How Do I Love Thee, Let Me Count the Days: Deathbed Marriages in America which also...


More on a Trustee's Power to Adjust under the Revised UPIA

Posted on May 21, 2008
Richard W. Nenno (Managing Director and Trust Counsel for Wilmington Trust Company, Wilmington, Delaware) has recently published his article entitled The Power to Adjust and Total-Return Unitrust Statutes: State Developments and Tax Considerations, 42 Real Prop...


Song Parodies -- Tax Style

Posted on May 21, 2008
Watch out Weird Al, there is a new parodist on the block -- Steven Zelin, "The Singing CPA." Steve is an independent singer and songwriter from New York City whose "day job" is a CPA. His newest self-titled CD, The...


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