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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

ERISA, Trust Law, and the Appropriate Standard of Review

Posted on May 12, 2008
Joshua Foster (J.D. Candidate, June 2008, St. John's University School of Law) has recently published his Note entitled ERISA, Trust Law, and the Appropriate Standard of Review: A De Novo Review of Why the Elimination of Discretionary Clauses Would be...

Cemetery in Dave Jones' Locker

Posted on May 11, 2008
A submerged cemetery named Neptune Memorial Reef is located 45 feet under the water off the coast of Key Biscayne, Florida. The cemetery is complete with gates, pathways, benches, and plaques. The following is from AP, For sea lovers, a...

Top SSRN Downloads

Posted on May 11, 2008
Here are the top downloads from March 12, 2008 to May 11, 2008 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 390 Deduction Ad...

Skills Training for Estate Planners CLE Program

Posted on May 10, 2008
The ABA Section of Real Property, Trust and Estate Law is sponsoring the Skills Training for Estate Planners CLE Program July 21-25, 2008 at the New York Law School. Here is description of the program: For over ten years, this...

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The "Lottery Curse" Strikes Again

Posted on May 10, 2008
I have often reported on this blog about the difficulties lottery winners face after striking it big (see Jack Whittaker Update). Persons who suddenly obtain large amounts of money, such as performers, professional athletes, lottery winners, or personal injury plaintiffs,...

Ohio Supreme Court Upholds Strict Privity Requirement

Posted on May 09, 2008
The following posting is provide through the courtesy of Prof. Paul Caron's TaxProf Blog: The Ohio Supreme Court on Wednesday unanimously held that children could not sue their deceased mother's attorney for negligence in the preparation of a deed during...

More on the "Middle-Class Wealthy"

Posted on May 09, 2008
As discussed earlier on this blog, there is a growing segment of the population which many would consider "rich" but which consider themselves merely "middle-class," that is, people with a net worth of $1 million to $10 million. Based on...

Alkaline Hydrolysis -- A Better Way of Body Disposition?

Posted on May 09, 2008
Cremation and burial may be so yesterday if alkaline hydrolysis becomes popular. Using this process, lye is used to dissolve the body into a brown syrup which can then be poured down the drain. Here are some excerpts from Norma...

Will Formalties -- Should Noncompliance be Excused?

Posted on May 08, 2008
Matthew D. Owdom has recently published his casenote entitled Post-death Subscription: The Protective Function Reborn, 39 McGeorge L. Rev. 359 (2008). Here is an excerpt from the introduction to his article: Many beneficiaries have been unfortunate enough to discover that...

Have Non-Probate Transfers Gone Too Far?

Posted on May 08, 2008
Kent Schenkel (Associate Professor, New England School of Law) has recently posted on SSRN his article entitled Testamentary Fragmentation and the Diminishing Role of the Will: An Argument for Revival. This article is scheduled for publication in 41 Creighton L...

How do millionaires think?

Posted on May 08, 2008
The following are some of the key findings from the third annual Wealth in America study conducted for Northern Trust: Millionaire households have become more advisor-oriented over the past two years, and less reliant on their own efforts. In particular,...

Heir Discusses Inheritance

Posted on May 08, 2008
For a short but interesting news report about a daughter who recently received a large inheritance from her mother, watch A Mother's Last Gift, CNN.com. What I find interesting about this report is that the daughter claims to be grieving...

Breach of Gift Condition?

Posted on May 07, 2008
Louisa Lippitt died in 1912 leaving $4,000 in her will to the Rhode Island Hospital conditioned on the money being used to provide a permanent free bed for needy patients as selected by Children's Friend and Service (the successor charity...

Moving the Situs of a Trust

Posted on May 07, 2008
Richard W. Nenno, (Managing Director and Trust Counsel, Wilmington Trust Company) has recently published his article entitled The Trust from Hell: Can It Be Moved to a Celestial Jurisdiction?, Prob. & Prop., May/June 2008, at 58. This article begins by...

Social Responsible Investing -- Should Beneficiaries Suffer for "the Greater Good"?

Posted on May 07, 2008
Joel Dobris (Professor of Law, UC Davis School of Law) has recently published his article entitled SRI--Shibboleth or Canard (Socially Responsible Investing, That Is), Real Prop., Prob. & Tr. J. 755 (2008). [Note: ABA membership needed to access article via...

Cemeteries prevail over Kansas City Airport

Posted on May 07, 2008
An ongoing fight between the Kansas City International Airport and relatives of individuals buried in homestead cemeteries which are in the path of proposed airport expansion has recently been resolved. According to Glenn E. Rice and John Shultz, Platte County...

Organ Donation -- Should Need or Willingness to Donate Control?

Posted on May 06, 2008
The debate continues to rage regarding the basis on which scare organs should be allocated to patients needing them. One view, such as that advanced by LifeSharers, is that individuals willing to donate organs should have priority to receive organs.....

Girlfriend Upset at Boyfriend's Anti-Organ Donor Stand

Posted on May 06, 2008
The following discussion is from an advice column in the Washington Post. See Carolyn Hax, Organ Donation Quandary, Washington Post, May 5, 2008: Just found out my boyfriend, whom I am thinking of a future with, is not an organ...

Preservation of Probate Records

Posted on May 06, 2008
The Florence County South Carolina Probate Court has recently received a grant to "preserve on microfilm more of its crucial, aging estate papers, some of which are more than a century old." See Charles Tomlinson, Grant to help probate court...

Estate Tax Exemption Portability -- A Good Idea?

Posted on May 06, 2008
Wendy Gerzog (Professor of Law, University of Baltimore School of Law) has recently posted on SSRN her article entitled Portability of Exemptions. Here is the abstract of her article: Portability of estate tax exemptions has been called the best estate...

The Life Insurance Industry--Elder Abuse Interface

Posted on May 05, 2008
Johnny Parker (Professor of Law, University of Tulsa College of Law) has recently published his article entitled Company Liability for a Life Insurance Agent's Financial Abuse of an Elderly Client, 2007 Mich. St. L. Rev. 683 (2007). Here is an...

'Tis the Marriage (and Pre-nup) Season

Posted on May 05, 2008
Attorneys are reporting an increase in interest in prenuptial agreements as the "marriage season" approaches. The following is from Kathleen Pender, Planning to get married? Who has the info on prenups? I do., SF Chron., May 4, 2008: There are...

Even with proper documents, an agent may have trouble handling principal's affairs

Posted on May 05, 2008
Having all of the proper disability planning for property management documents in proper form (e.g., a durable power of attorney) may not be enough for an agent to handle the principal's business in an efficient manner. Here are some excerpts...

Pabst Blue Ribbon Casket

Posted on May 05, 2008
Showing his undying love for his favorite brew (Pabst Blue Ribbon), Bill Bramanti of South Chicago has obtained a custom-made beer can casket. According to AP, Illinois Man Orders Custom Beer-Can Coffin, CBS13.com, May 4, 2008: He threw a party...

Does Latin America Need Trusts?

Posted on May 04, 2008
Dante Figueroa (Adjunct Professor, American University Washington College of Law) has recently published his article entitled Civil Trusts in Latin America: Is the Lack of Trusts an Impediment for Expanding Business in Latin America ?, 24 Ariz. J. Int'l &...

Top SSRN Downloads

Posted on May 04, 2008
Here are the top downloads from March 5, 2008 to May 4, 2008 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 367 Deduction Ad...

LifeSharers opens New Zealand Chapter

Posted on May 03, 2008
"LifeSharers is a non-profit national network of organ donors. LifeSharers members promise to donate upon their death, and they give fellow members first access to their organs." Recently, LifeSharers has formed a chapter in New Zealand. Here is an excerpt...

Is Steve Fossett's Estate Liable for Search Costs?

Posted on May 03, 2008
The governor of Nevada, Jim Gibbons, intends to ask Steve Fossett's widow to help Nevada pay the $687,000 is spent searching for her husband, although the search was unsuccessful. According to AP, Nevada wants Fossett widow to pay search cost,...

The Probate Process -- Good or Bad?

Posted on May 02, 2008
Is probate an evil to be avoided at all costs, a quick and easy transfer mechanism with built-in protections, or something in-between? The answer depends on a variety of factors, primarily the law of the state which will govern the...

Split-Dollar Life Insurance

Posted on May 02, 2008
Joshua E. Husbands (Partner, Holland & Knight, Portland, Oregon) and J. Alan Jensen (Partner, Holland & Knight, Portland, Oregon) have recently published their article entitled Split-dollar Life Insurance Funding: You Mean People Still Do That?, Prob...

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