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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

Adjustment Power of Trustees Under Revised UPIA Analyzed

Posted on May 21, 2008
S. Alan Medlin (David W. Robinson Professor of Law, University of South Carolina School of Law) has recently published his article entitled Limitations on the Trustee's Power to Adjust, 42 Real Prop. Prob. & Tr. J. 717 (2008). [ABA membership...

UPIA Twins Analyzed

Posted on May 20, 2008
Christopher P. Cline (Wealth Management Director, Wells Fargo Bank, N.A., Portland, Oregon) has recently published his article entitled The Uniform Prudent Investor and Principal and Income Acts: Changing the Trust Landscape, 42 Real Prop. Prob. & Tr...

Prop for Teaching Undue Influence

Posted on May 20, 2008
The Papyrus company sells a nifty birthday card, The Google-Eyed Hypnotist, which can be used in the process of teaching undue influence. The card shows a man dressed in 1950-esq clothing with a machine that spins a supposedly trance-inducing wheel.....

Barnes Foundation Update

Posted on May 20, 2008
The Barnes Foundation is an "educational art institution in Lower Merion Township, a suburb of Philadelphia, Pennsylvania * * *. It was founded in 1922 by Dr. Albert C. Barnes, who made a fortune by co-developing an early antimicrobial drug,...

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How talking about an inheritance may hurt your prospects of landing a new job

Posted on May 20, 2008
Rosemary Haefner in Top 10 interview mistakes, CNN.com, May 12, 2008, reports on a variety of mistakes job applicants make during their interviews. The following is one of the mistakes from her list: Applicant told the interviewer he wouldn't be...

Medical Emergency and Distress Relief Grants by Private Foundations

Posted on May 19, 2008
The IRS has recently issued an information letter authorizing private foundations to make grants to individuals and families who require assistance in connection with terminal conditions or life-threatening illnesses without need for advance IRS approval...

Family Philanthropy

Posted on May 19, 2008
Foundation Source has recently published a booklet entitled Engaging the Family in Your Philanthropy: Creative strategies and practical approaches to involving the next generation. Here is the company's description of the booklet: Today?s landscape ? even with its economic uncertainties...

Mark Rothko to be Exhumed and Reburied

Posted on May 19, 2008
On February 25, 1970, artist Mark Rothko committed suicide. He was then buried in a plot owned by fellow painter, Theodoros Stamos. The following developments regarding Rothko's remains were reported in Kathryn Shattuck, 38 Years After Artist?s Suicide, His Remains...

Number of Registered Organ Donors Increases, But Numbers Still Inadequate

Posted on May 19, 2008
According to National Donor Designation Report Card Reveals A 10 Percent Increase In Registered Organ, Eye And Tissue Donors Since 2006, PRWeb.com, April 18, 2008: A national report card prepared by Donate Life America shows a 10 percent increase in....

The Impact of Estate Tax on Bequests of Publicity Rights

Posted on May 18, 2008
Joshua Tate (Assistant Professor of Law, Southern Methodist University School of Law; Visiting Assistant Professor, University of Pennsylvania Law School) has recently posted on SSRN his article entitled Marilyn Monroe's Legacy: Taxation of Postmortem Publicity Rights...

A ?Simple? Method of Body Disposition ? Do Nothing?

Posted on May 18, 2008
A woman, Hedviga Golik, has recently been found in her apartment in Zagreb, Croatia 35 years after she died. During these past decades, no one noticed that she was missing. Her neighbors recently broke into her apartment in their attempt...

Why Connecticut Should Regulate Surrogate Parenting Agreements

Posted on May 17, 2008
Christine A. Bjorkman has recently published her Note entitled Sitting in Limbo: The Absence of Connecticut Regulation of Surrogate Parenting Agreements and Its Effect on Parties to the Agreement, 21 Quinnipiac Prob. L.J. 141 (2008). In the author's words: This...

Top SSRN Downloads

Posted on May 17, 2008
Here are the top downloads from March 18, 2008 to May 17, 2008 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 409 Deduction Ad...

Wife sues husband, a lottery winner, for behaving badly

Posted on May 16, 2008
Donna Campbell, wife of lottery winner Arnim Ramdass, is suing him for misbehavior after he and his co-workers at the Miami International Airport won a $19 million jackpot. The fight is over Arnim's share of the winnings, $600,000 before taxes....

Ban on Same-Sex Marriages Declared Invalid by California Supreme Court

Posted on May 16, 2008
In the case of In re Marriage Cases decided May 15, 2008, the California Supreme Court 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 have...

Could Health Ledger's "legacy" be teaching the public about the pretermitted child statute?

Posted on May 16, 2008
As reported earlier on this blog, Heath's will was drafted before he the birth of his daughter, Matilda, and left his estate to his parents and siblings. For a discussion of how Matilda could be entitled to his entire estate...

Estate Planners Needed World-Wide

Posted on May 15, 2008
It seems that estate planners will be in growing demand world-wide as the number of "high net worth individuals" (that is, individuals with investable assets over $1,000,000, not including a residence) grew at a rate of 4.5% in 2007. The...

Special Needs Planning CLE

Posted on May 15, 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...

Attorney Disbarred for Evil Conduct in Probate Case

Posted on May 15, 2008
Here is a report of a Texas lawyer whose unethical conduct in a probate matter caused him to be disbarred. See Disciplinary Actions, 71 Tex. B.J. 412 (2008): On Dec. 7, 2007, [Attorney], 64, of Dallas, was disbarred after a...

The Personal Injury Settlement -- Trust Law Interface

Posted on May 15, 2008
Henry L. Strong (Chairman and President, JMW SettleMaster) and David M. Cordell (Director of Finance Programs, University of Texas at Dallas) have recently published their article entitled Fiduciary Focus: The Prudent Integration of Structured Settlements and Post-Settlement Trusts, The Brief,...

HIPAA Explained

Posted on May 14, 2008
Michael W. Drumke (Partner, Schiff Hardin LLP) has recently published his article entitled A HIPAA Primer, The Brief, Spring 208, at 34. In his comprehensive article, Mr. Drumke covers: Health care portability Health care fraud and administrative simplification Standards for...

Treatise on Buy-Sell Agreements

Posted on May 14, 2008
An Estate Planner's Guide to Buy-Sell Agreements for the Closely Held Business by Louis A. Mezzullo was recently published by the American Bar Association. Here is a description of this book: Now completely revised and updated, this clearly written guide...

What is your life expectancy?

Posted on May 14, 2008
As you prepare your or a client's estate plan, it may be helpful to know the person's life expectancy. For a most interesting calculator, see Life Expectancy Calculator. Personally, I was extremely thrilled by its prediction. You may also be...

The RAP - Trust Situs Interface

Posted on May 14, 2008
Robert H. Sitkoff (John L. Gray Professor of Law, Harvard Law School) and Max M. Schanzenbach (Benjamin Mazur Professor of Law, Northwestern Law)have recently posted on SSRN their article entitled Perpetuities, Taxes, and Asset Protection: An Empirical Assessment of the...

Michigan State Governments and Universities Prohibited From Offering Benefits to Same-Sex Couples

Posted on May 13, 2008
On May 7, 2008, the Michigan Supreme Court in National Pride At Work v. Governor of Michigan held that Michigan governmental entities and public universities may not offer health insurance to the partners of same-sex employees because doing so violates...

An Overlooked Aspect of Estate Planning -- Property & Casualty Insurance

Posted on May 13, 2008
Michael S. Arlein (senior associate in the Personal Planning Group of Patterson Belknap Webb & Tyler LLP) and Timothy O'Brien (Director of Private Client Services at Cook, Hall & Hyde, Inc.) have recently published their article entitled Will State Farm...

Power of Attorney Suggestions

Posted on May 13, 2008
The problems that may arise with a durable power of attorney for property management are highlighted in Pamela Yip, Be picky to make sure power of attorney is honored, Dallas Morning News, May 12, 2008. The article outlines some of...

Judge facing indecent exposure charges "demoted" to probate cases

Posted on May 12, 2008
In April 2008, Tulsa County Oklahoma District Judge Jessie Harris was charged with two counts of indecent exposure. See Judge Jessie Harris Busted, Bubbaworld, April 25, 2008. While his charges are resolved, he has been "demoted" from the felony docket...

The Singing Canadian Wills Lawyer

Posted on May 12, 2008
Canadian lawyer Les Kotzer takes a somewhat untraditional approach to his estate planning practice -- he writes and performs songs which point out various aspects of the estate planning practice. For example, here are a few of the lyrics from...

Advance Directives May Unearth Buried Family Issues

Posted on May 12, 2008
Terri Cullen provides a first-hand report of the Hidden Complications of a Living Will, Wall St. J., May 1, 2008. She explains what happened when her mom, after learning that she needed potentially risky surgery, decided to formalize her desires...

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