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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

Ethical Issues in Trusts and Estates CLE

Posted on April 03, 2008
The American Bar Association Section of Real Property, Trust and Estate Law, Section of Family Law, Young Lawyers Division and the ABA Center for Continuing Legal Education are sponsoring a teleconference and live audio webcast on April 16, 2008 entitled...

EU Court Holds Surviving Life Partner Should Receive Pension Benefits

Posted on April 02, 2008
The following is from Court rules on gay marriage rights, news.yahoo.com, April 1, 2008: EU nations that recognize same-sex unions as legal marriages must grant surviving partners the same pension rights as given to those in traditional marriages, the EU...

Killer should not do indirectly what he or she cannot do directly

Posted on April 02, 2008
Karen J. Sneddon (Assistant Professor, Mercer University Walter F. George School of Law) has recently published her article entitled Should Cain's Children Inherit Abel's Property?: Wading into the Extended Slayer Rule Quagmire, 76 UMKC L. Rev. 101 (2007)...

Expanding Usable Organ Criteria Has Led to Decreased Mortality

Posted on April 02, 2008
According to Jean P. Fisher, Hospitals less finicky about kidneys, newsobserver.com, March 2, 2008: Deaths among patients awaiting lifesaving kidney transplants fell nationally last year amid rising organ donation and broader use of kidneys that would once have been discarded...

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2009 AALS Annual Meeting Call for Papers and Participation

Posted on April 01, 2008
The AALS Section on Donative Transfers has announced a call for papers and participation for the 2008 Annual Meeting. The program is entitled New Voices in Trusts & Estates. Here are the details as provided by Section leadership: Trusts and...

What Does ?Rich? Mean Today?

Posted on April 01, 2008
According to Tom Sullivan, Are You Rich?, finance.yahoo.com, March 18, 2008: Yes, it takes more than $10 million to be seen as rich these days. It takes more like $25 million. Not only is that the minimum for the red-carpet...

Uncle says Heath Ledger may have more than one child

Posted on April 01, 2008
The following is from Even in Death, Rumors Plague Ledger, news.aol.com, March 31, 2008: In the old days, the death of a celebrity meant the death of gossip-mongering around them. It was a level of respect afforded to the fallen...

Deficit Reduction Act of 2005 and Healthcare Planning for the Elderly

Posted on March 31, 2008
Alison Barnes (Professor of Law, Marquette University Law School) has recently published her article entitled Long Term Care in the Political Balance, 9 Marq. Elder's Advisor 1 (2007). Here is an excerpt from her article: The Deficit Reduction Act of...

Keeping your will terms to yourself ? A prudent decision

Posted on March 31, 2008
According to Martha Neil, Attorney?s Advice About Estate Plans: Don?t Tell the Family, abajournal.com, March 27, 2008: Tempted to tell an ungrateful relative that he or she has been cut out of your will? Don't do it, an attorney advises....

Having too many investment accounts may not be wise estate planning

Posted on March 31, 2008
The following is from Mickey Meece, As Accounts Pile Up, Less Becomes More, NYTimes.com, March 18, 2008: The unwieldy task of looking after many financial accounts, the cost of paying for their upkeep and the risk of losing track of...

Offshore Trusts CLE

Posted on March 30, 2008
The National Constitution Center is sponsoring a live audio conference on April 22, 2008 entitled Offshore Trusts: Tax Essentials for International Estate Planning. Here is a summary of the program: Increased interest in foreign trusts has dramatically risen over the...

Top SSRN Downloads

Posted on March 30, 2008
Here are the top downloads from January 30, 2008 to March 30, 2008 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days Rank Downloads Paper Title 1 268 Deduction Ad...

Estate Planning from Fresh Perspectives

Posted on March 30, 2008
The following is from a slide show posted on NYTimes.com, entitled Inheritance Reconsidered, discussing various estate planning strategies chosen by affluent individuals: With the largest intergenerational transfer of wealth in American history now under way, Martin Rothenberg and others are...

Deficit Reduction Act and State Administration of the Medicaid Program

Posted on March 29, 2008
Julia Belian (Visiting Associate Professor of Law, University of Missouri-Kansas City School of Law) has recently published her article entitled State Implementation of the Optional Provisions of the Deficit Reduction Act, 9 Marq. Elder's Advisor 63 (2007)...

DRA and long-term care for senior Americans with disabilities

Posted on March 28, 2008
Kim Dayton (Professor of Law, William Mitchell College of Law) has recently published her article entitled Reality Check: The DRA's Impact on Seniors with Disabilities and Their Caregivers, 9 Marq. Elder's Advisor 13 (2007). Here is the conclusion to her...

Disintermediation within the model of market evolution

Posted on March 28, 2008
J.W. Verret has recently published an article entitled Economics Makes Strange Bedfellows: Pensions, Trusts, and Hedge Funds in an Era of Financial Re-intermediation, 10 U. Pa. J. Bus. & Emp. L. 63 (2007). Here is the introduction to this article:...

Research reveals rising life expectancy gap among different segments of population

Posted on March 28, 2008
The following is from Robert Pear, Gap in Life Expectancy Widens for the Nation, NYTimes.com, March 23, 2008: New government research has found ?large and growing? disparities in life expectancy for richer and poorer Americans, paralleling the growth of income...

Making Gifts to Heirs Now May Reduce Taxable Value

Posted on March 27, 2008
The following is from Brett Arends, Market Turmoil Creates Opening To Enrich Heirs, online.wsj.com, March 15, 2008: It isn't all bad news. This winter's market turmoil is creating a golden opportunity to pass on stocks, mutual funds or other appreciating...

Testators? Right to Compensate Caregiving Children Should Be Preserved

Posted on March 27, 2008
Joshua C. Tate (Assistant Professor, Southern Methodist University Dedman School of Law, Visiting Assistant Professor, University of Pennsylvania Law School) has recently posted on SSRN his article entitled Caregiving and the Case for Testamentary Freedom...

Rector v. Commissioner Analyzed

Posted on March 27, 2008
Steve R. Akers (Bessemer Trust, Dallas, Texas) has recently published his article entitled Rector v. Commissioner, TC Memo 2007-367, RPPT eREPORT (Feb. 2008). Here is a summary of his article as posted on RPPT eREPORT: The Tax Court finds an...

Law School Rankings

Posted on March 26, 2008
The following is posted as per the request of Edward A. Adams, Editor and Publisher of the American Bar Association Journal: Because you?re a blogger who is a member of the legal education community, we thought you and your blog?s...

Why people fake their death

Posted on March 26, 2008
In Missing Persons, published in the March 2008 issue of The Estate Analyst, Robert L. Moshman, Esq. discusses different instances where people have faked their own death: Sometimes people fake their own deaths to escape marriage or criminal prosecution or...

French woman bequests all to her native village but with conditions attached

Posted on March 26, 2008
Helene Louart, who lived most of her life in Paris, retired in her native village in France?s Loire valley. She left all of her possessions amounting to 1,250,000 million euros to the village, but with controversial conditions attached. For instance,...

Estate Planning for Pets

Posted on March 25, 2008
Rachel Hirschfeld (Attorney at law, Law Offices of Rachel Hirschfeld) has recently published her article entitled Ensure Your Pet's Future: Estate Planning for Owners and Their Animal Companions, 9 Marq. Elder's Advisor 155 (2007). Here is an excerpt from the...

Holographic Wills - A Beneficial Tool in Estate Planning

Posted on March 25, 2008
Stephen Clowney (Visiting Assistant Professor of Law, Oklahoma City University School of Law) has recently posted on SSRN his article entitled In Their Own Hand: An Analysis of Holographic Wills and Homemade Willmaking. Here is an abstract of his article:...

Firing a Trustee ? Difficult to Do?

Posted on March 25, 2008
The following is from Fran Hawthorne, Breaking Up Is Hard to Do, NYTimes.com, March 18, 2008: As a family trust moves into its second and third generations, it is almost inevitable that someone will be unhappy with a trustee.*** Dissatisfaction...

Representation in Estate and Trust Proceedings Analyzed

Posted on March 24, 2008
Martin D. Begleiter (Ellis and Nelle Levitt Distinguished Professor of Law, Drake University Law School) has recently posted on SSRN his article entitled Serve the Cheerleader - Serve the World: Representation in Estate and Trust Proceedings and under the Uniform...

ERISA Basics CLE

Posted on March 24, 2008
ABA Joint Committee on Employee Benefits and the American College of Employee Benefits Counsel are sponsoring a conference on June 4-6, 2008, in Chicago, Illinois entitled ERISA Basics. Here is how past participants have described this program: ?The format of...

Effective estate planning is crucial for keeping vacation property in the family

Posted on March 24, 2008
The following is from Wendy S. Goffe?s article entitled From NASCAR Condominiums To Private Mausoleums: Keeping The Vacation Home In The Family (With Sample Tenancy In Common Agreement), published in the February 2008 issue of the ALI-ABA Estate Planning Course...

Economic Downfall and Its Effect on Charities

Posted on March 23, 2008
According to Stephanie Strom, Weakness in Economy Isn?t Hurting Charities, NYTimes.com, March 14, 2008: Despite the economic downturn and fears of recession, major charities say their fund-raising has not fallen off.*** In fact, some 64 percent of the organizations that...

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