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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

The "Uncleing Principle" and Intestate Succession

Posted on April 24, 2008
Gary Spitko (Professor of Law, Santa Clara University School of Law) has recently posted on SSRN his article entitled Open Adoption, Inheritance, and the Uncleing Principle. Here is the abstract of his article: This article critiques current inheritance law relating...

Regulation of the Cremation Industry

Posted on April 23, 2008
As the rate of people selecting cremation over burial increases (now approximately one-third), the need to regulate the industry is increasing. The following is from Chris Joyner, Cremation industry awaits tougher controls, USA Today, April 20, 2008: The last thing...

Reverse Mortgages -- The Good, Bad, and Ugly

Posted on April 23, 2008
In Cashing in on home sweet home, 96 Ill. B.J. 179 (2008), Helen W. Gunnarsson explains that reverse mortgages are a popular, but controversial, way for elderly clients to use the equity in their homes. Her article discusses how they...

Medicaid eligibility rules in effect at time of application determine whether a trust is a countable resource

Posted on April 23, 2008
The Ohio Supreme Court has resolved a conflict among the intermediate appellate courts by holding in Pack v. Osborn, 881 N.E.2d 237 (Ohio 2008), that the rules in effect at the time the beneficiary of a trust applies for Medicaid...

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Wife Vents on YouTube

Posted on April 23, 2008
According to Wife takes divorce drama online, vents scorn via YouTube, CNN.com, April 16, 2008: Some prominent New York divorce lawyers couldn't think of another case where a spouse -- in this instance, the wife of a major Broadway theater...

Canadian same-sex marriage entitled to recognition in New York

Posted on April 22, 2008
A marriage contacted in Canada by a same-sex couple is entitled to recognition in New York because is it neither contrary to New York positive law nor prohibited by natural law as are polygamous or incestuous marriages. See Martinez v....

Man Declared Brain Now Feeling "Pretty Good"

Posted on April 22, 2008
Zach Dunlap was in a serious automobile accident. On November 19, 2007, Zach was declared brain dead at a hospital in Wichita Falls, Texas. His family then authorized the donation of his organs. According to AP, Man declared dead, says...

The depositor?s will can be clear and convincing evidence to defeat the joint account survivorship feature

Posted on April 22, 2008
In In re Estate of Novosielski, 937 A.2d 449 (Pa. Super. Ct. 2007), the court held that a U.S. Treasury Direct account entitled ?A or B? is a joint account governed by the Pennsylvania Multi-Party Accounts Act. If the creation...

Probate Litigation and Family Relations

Posted on April 22, 2008
Karen S. Gerstner, (Attorney at Law, Karen S. Gerstner & Associates, P.C.) has recently published her article entitled A Message to Clients . . . Avoiding Probate Court Litigation, Prob. & Prop., March/April 2008, at 56. Here is an excerpt...

Ray Charles' Estate Disputed

Posted on April 21, 2008
According to Michael A. Hiltzik, Ray Charles' children battle over his legacy, LATimes.com, April 20, 2008: Shortly before Christmas 2002, Ray Charles called a meeting of his 12 children at a hotel near Los Angeles International Airport. Ten of them,...

Gift of brokerage account accomplished by opening account under donee?s name and Social Security number

Posted on April 21, 2008
A father opened a brokerage account in his son?s name and Social Security number. The son knew nothing of the account until after it was closed by someone other than the father and the property transferred to a joint account...

Waiver of homestead exemption in unsecured agreement

Posted on April 21, 2008
A retainer agreement between an attorney and his client purported to waive the client?s homestead exemption if the attorney obtained a lien to secure payment of legal fees and costs. In an extensive opinion reviewing the law throughout the United...

Should state law update "old" wills on the basis of presumed intent?

Posted on April 20, 2008
Adam Hirsch (William and Catherine VanDercreek Professor of Law, Florida State University) has recently posted on SSRN his article entitled Text and Time: A Theory of Testamentary Obsolescence (forthcoming in the Washington University Law Review). Here is the abstract of...

Taking Religion into Account in Estate Planning

Posted on April 20, 2008
Martin M. Shenkman, (Attorney at Law, Martin M. Shenkman, P.C.) has recently published his article entitled Integrating Religious Considerations into Estate and Real Estate Planning, Prob. & Prop., March/April 2008, at 34. Here is an excerpt from his article: Contemplating...

Hong Kong Pop Diva?s Estate Disputed

Posted on April 19, 2008
The following is from Mum disputes will, straitstimes.com, April 17, 2008: Cantopop diva Anita Mui left behind assets worth HK$30 million (S$5.2 million) to HK$35 million when she died in 2003. Her estate is now valued at HK$100 million. Details...

Top SSRN Downloads

Posted on April 19, 2008
Here are the top downloads from February 19, 2008 to April 19, 2008 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 325 Deduction Ad...

Passive Loss Rules and Their Effect on Trust Planning

Posted on April 18, 2008
Martin M. Shenkman, (Attorney at Law, Martin M. Shenkman, P.C.) has recently published his article entitled Trusts and Passive Loss Rules, Prob. & Prop., March/April 2008, at 8. Here is the conclusion to his article: The material participation test and...

The Will Contest--Injunction Interface

Posted on April 18, 2008
In Goldthorn v. Goldthorn, 242 S.W.3d 797 (Tex. App.?San Antonio 2007, no pet. h.), the trial court issued a temporary injunction freezing the testatrix?s assets until a suit to aside the testatrix?s will on the basis of lack of capacity...

Removal of Executor; Creation of Trust; Trustee Acceptance

Posted on April 18, 2008
The following is a discussion of In re Estate of Kappus, 242 S.W.3d 182 (Tex. App.?Tyler 2007, pet. denied). (1) Removal of Executor: Beneficiaries? Mother (the testator?s ex-wife) moved to have Independent Executor removed from office because he shared ownership...

New Jersey Supreme court holds that decoupling of estate tax not retroactive

Posted on April 18, 2008
The court explained in Oberland v. Director, Div. of Taxation, 940 A.2d 1202 (2008), that it would be manifestly unjust to apply a statute which reduced the amount of assets that could pass free of state estate tax retroactively.

Valuation discounts related to FLP may apply for elective share purposes

Posted on April 17, 2008
In In re Estate of Hjersted, 175 P.3d 810 (Kan. 2008), the court held that in valuing partnership interests owned by a deceased spouse for purposes of calculating the surviving spouse?s elective share entitlement, discounts for lack of marketability and...

Siegel?s Heirs Receive a Share of Superman Copyright

Posted on April 17, 2008
According to Michael Cieply, Ruling Gives Heirs a Share of Superman Copyright, NYTimes.com, March 29, 2008: A federal judge here on Wednesday ruled that the heirs of Jerome Siegel ? who 70 years ago sold the rights to the action...

ABA 2008 Student Writing Contest

Posted on April 17, 2008
The following is from the official ABA announcement: The University of Miami School of Law Graduate Programs in Estate Planning and Real Property Development is sponsoring the 2008 Real Property, Trust and Estate Law (RPTE) law student writing contest...

Spousal Abandonment and the Elective Share

Posted on April 16, 2008
In Purce v. Patterson, 654 S.E.2d 885 (Va. 2008), the court analyzed a state law which disqualifies a surviving spouse from taking the elective share or by intestacy if he or she ?willfully deserts or abandons? the other spouse and...

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

Posted on April 16, 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...

Hot Topics CLE

Posted on April 16, 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 entitled Hot Topics in Trusts and Estates on May 1, 2008. Here...

Attorney Resigns for Bad Behavior as Agent

Posted on April 15, 2008
On January 15, 2008, the Supreme Court of Texas accepted the resignation of a Texas lawyer in lieu of discipline. Here is a description of the attorney's evil conduct as described in Disciplinary Actions, 71 Tex. B.J. 226, at 228...

Knight Analyzed

Posted on April 15, 2008
Helen Gunnarsson (Highland Park, Illinois) has recently published her article entitled Supremes limit trusts' ability to subtract investment-advice costs, 96 Ill. B.J. 123 (2008), in which she explains how SCOTUS held that "trusts are subject to a two-percent floor for...

Disclaimer may not defeat worker?s compensation insurer?s subrogation right

Posted on April 15, 2008
The decedent was shot and killed while performing his duties as an employee and his wife received benefits under the decedent?s employer?s worker?s compensation insurance. The wife then brought a wrongful death proceeding against her husband?s killer and reached a...

The Van Gogh Legacy

Posted on April 15, 2008
The following is from Robert L. Moshman, Esq., Vincent van Gogh, published in the April 2008 issue of The Estate Analyst: The van Gogh estate isn't set up as a marketing machine that generates huge earnings. There aren't tours as...

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