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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

Medicaid and LTC Coverage

Posted on May 02, 2008
Gene Coffey (staff attorney at the National Senior Citizens Law Center in Washington, D.C.) has recently published his article entitled Narrowing Medicaid's LTC Coverage? The Implications of the DRA's Home and Community-based Care Benefit, 9 Marq. Elder's Advisor 131-153 (2007)...

Should Trusts Remain Off the Public Record?

Posted on May 02, 2008
Frances H. Foster (Edward T. Foote II Professor of Law, Washington University School of Law) continues her study of trust privacy with the recent publication of her article entitled Trust Privacy, 93 Cornell L. Rev. 555 (2008). Here is an...

California Community Property Student Aid

Posted on May 01, 2008
Charlotte K. Goldberg (Professor of Law, Loyola Law School, Los Angeles) has recently published the second edition of her book entitled California Community Property -- Examples and Explanations. Here is the publisher's description of the book: Using the Examples &...

Attorneys Help Plan Emergency Workers' Estates

Posted on May 01, 2008
The following kudos to estate planning attorneys is found in David Unze, Attorneys lend a hand to heroes, USA Today, April 22, 2008: In the days after the Sept. 11, 2001, terrorist attacks, Anthony Hayes was like many Americans: He...

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Eco-Exits

Posted on May 01, 2008
Happy Belated Earth Day! Although Earth Day was last week (April 22, 2008), I thought I would remind readers that they can "die green" as well as "live green." Here are a few excerpts from Regan McTarsney, Green funerals make...

Happy Law Day!

Posted on May 01, 2008
Today, May 1, is Law Day. Not only that, this is also the 50th Anniversary of the first Law Day. Here is a description of Law Day from the ABA: Fifty years ago President Eisenhower proclaimed the first Law Day...

What will your body do when "you" are gone?

Posted on April 30, 2008
Maggie Koerth-Baker has compiled a list of things you (or, more accurately, your corpse) may do after you die. Here is the list -- for the details, see Things your body can do after you die, CNN.com, April 30, 2008:...

The Estate Planning--Art Interface

Posted on April 30, 2008
Lance S. Hall (ASA, cofounder and President of FMV Opinions) has recently authored a article entitled The New Frontier: Non-Charitable Estate Planning Transfers with Fractional Interests in Art (and Other Personal Property). Here is the conclusion of his article: With...

Israel Acts to Increase Organ Donation

Posted on April 30, 2008
The Knesset has recently approved two laws aimed at increasing the number of organ donations made by the citizens of Israel. The following is from Amnon Meranda, Knesset approves organ donation law, Ynetnews.com, March 25, 2008: The first law on...

Uniform Trust and Estate Statutes, 2008-2009 Edition

Posted on April 30, 2008
Uniform Trust and Estate Statutes (2008-2009 edition) prepared by John H. Langbein and Lawrence W. Waggoner is now available from Foundation Press. Here is a description of this new edition: Designed to be used with any casebook or textbook, this...

Trusts CLE -- Domestic and International

Posted on April 29, 2008
On May 22-23, 2008, Financial Events International is sponsoring a seminar entitled Advanced Planning: Domestic and International Trusts in New York. Here is a description of the program: Our conference will deal with trusts and estate planning for both U...

Cohabiting Siblings Denied Same Rights as Married and Same-Sex Couples

Posted on April 29, 2008
Two sisters in England (Joyce and Sybil Burden) have lived together for most of their lives. They never married and took care of their parents and other relatives. Since 1976, they have attempted to be recognized as cohabiting couple for...

Exculpatory clause in power of attorney deemed invalid

Posted on April 29, 2008
The principal executed a power of attorney which granted the agent broad powers to make gifts to himself, exonerated the agent from any liability to the principal or anyone else, and purported to relieve the agent from any duty to...

Prior will admitted to probate through application of dependent relative revocation

Posted on April 29, 2008
The testator?s will gave his estate to his spouse if she survived and, if she did not survive, to two of his three children by a prior marriage. The testator executed a new will making all three children contingent beneficiaries....

The settlor must have testamentary capacity to create and amend a revocable trust

Posted on April 28, 2008
In the course of affirming summary judgment against charities challenging the validity of the amendments made by the settlor of a revocable trust shortly before his death, the court in Maimonides School v. Coles, 881 N.E.2d 778 (Mass. App. Ct....

Intestate Succession Under Hindu Law

Posted on April 28, 2008
Taru Jain (Advocate, Supreme Court of India) has recently posed an article on SSRN entitled General Principles of Intestate Succession Under Hindu Law. Here is the abstract of this article: Succession implies the act of succeeding or following, as of...

Need an Organ? Don't Smoke Weed!!

Posted on April 28, 2008
Timothy Garon is suffering from hepatitis C and is in urgent need of a liver transplant. Timothy was recently refused a spot on the transplant list because of his use of marijuana. In fact, he was even arrested for growing...

Insurance Beneficiary Murders Insured

Posted on April 28, 2008
Primary Beneficiary was convicted of Insured?s murder in the case of In re Estate of Stafford, 244 S.W.3d 368 (Tex. App.?Beaumont 2008, no pet. h.). Accordingly, the proceeds of the policy were paid to Contingent Beneficiary under Texas Probate Code....

The sale of an asset by a successor trustee does not cause ademption

Posted on April 28, 2008
A father created a self-trusteed revocable trust which made specific gifts of stock in a closely held corporation to his two sons. After the father was adjudged to be incapacitated, the court appointed a professional conservator who was then appointed...

Structuring Trusts in Estate Planning

Posted on April 27, 2008
According to Len Costa, Trust is the word for inheritance riches, FT.com, April 26, 2008: I recently heard from a private investor that inherited wealth is like driving a car and not having to pay for petrol. The benefactor provides...

Nuncupative will invalid because not made in extremis

Posted on April 27, 2008
The decedent allegedly made an oral will while hospitalized for treatment of complications arising from a chronic condition. Death came eighteen days after release from the hospital. The court affirmed a summary judgment for the intestate heirs, holding that the...

The ?Middle Class? Wealthy

Posted on April 26, 2008
The following is from Keith Whitaker, Just Don't Call Them Rich, WSJ.com, March 5, 2008: The key to riches in America, according to Alan Prince and Lewis Schiff, is not thinking like a millionaire but thinking like...a member of the...

Top SSRN Downloads

Posted on April 26, 2008
Here are the top downloads from February 26, 2008 to April 26, 2008 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. 1 347 Deduction Ad Absurdum: CEOs Donating Their...

Charitable Trusts -- India, U.K., and U.S. Compared

Posted on April 25, 2008
Taru Jain (Advocate, Supreme Court of India0 has recently posed an article on SSRN entitled Charitable Trusts: A Comparative Study of India, United Kingdom and the United States. Here is an abstract of the article: Trusts are an important institution...

Survey shows earners feel more secure about their wealth than heirs

Posted on April 25, 2008
According to Thomas Kostigen, Sophisticated Investor, marketwatch.com, April 15, 2008: Most wealthy people earn their money, and because they earned it they feel more secure about keeping it. That's what a new survey reveals about wealth and values. PNC Wealth...

Removal of Executor & Return of Fees

Posted on April 25, 2008
In In re Estate of Miller, 243 S.W.3d 831 (Tex. App.?Dallas 2008, no pet. h.), attorney was named as the independent executor of his great-uncle?s will. Before being appointed by the court, he entered into a fee agreement with Beneficiary...

A non-resident trustee is subject to the long-arm statute

Posted on April 25, 2008
An out-of-state trustee who performed legal services for a Kentucky resident in connection with the creation of the trust is subject to the jurisdiction of the Kentuckycourts in a suit by a successor beneficiary who is a Kentucky resident. The...

James Brown Update

Posted on April 24, 2008
Earlier on this blog, I discussed the ongoing dispute over James Brown's estate. Here is some additional information from Lynnley Browning, Stewards of James Brown Estate Sue Morgan Stanley, NYTimes.com, April 24, 2008: A dispute over the estate of the...

The Special Needs of Women in the Estate Planning Context

Posted on April 24, 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 May 6, 2008 entitled Working with Women Clients in Estate Planning:The...

Ademption & Equitable Conversion

Posted on April 24, 2008
The testator executed a will devising a home to Beneficiary. Later, the testator entered into a contract to sell the home to Purchasers. The testator died before the closing. The trial court held that the devise adeemed and that Purchasers...

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