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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

Working Through the Knight (Opinion) CLE

Posted on March 12, 2008
The American Bar Association Section of Real Property, Trust and Estate Law, Section of Taxation, and the ABA Center for Continuing Legal Education are sponsoring a teleconference and live audio webcast on March 20, 2008 entitled Working Through the Knight...

Probate Researchers Bring Good News While Uncovering Family Secrets

Posted on March 12, 2008
The following is from Katie Dailey, Dying without a will leaves a fortune behind, women.timesonline.co.uk, March 6, 2008: In the middle of the night, the Government publishes a list of those who have died intestate; that is without a will,...

Becoming a "Pet Friendly" Estate Planner

Posted on March 11, 2008
For a brief article which offers some background and guidance on how to be a pet-friendly estate planner, see Gerry W. Beyer, Your Trust-worthy Pet, Legal Times, March 11, 2008. Follow this link for detailed information about estate planning for...

NCCUSL Approves UPC Amendments

Posted on March 11, 2008
On January 12, 2008, the Executive Committee of the National Conference of Commissioners on Uniform State Laws approved amendments to the Uniform Probate Code. The amendments make significant changes to the computation of the forced (elective) share which is the...

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Famous Wills on Display in Washington

Posted on March 11, 2008
The following is from Eun Yang, Wills Of Famous Washingtonians On Display, nbc4.com, Feb. 28, 2008: A special exhibit at the D.C. Superior Court showcases the wills of 13 famous Washingtonians. The wills of Frederick Douglass, Alexander Graham Bell, Oliver...

Heath Ledger's Will -- Interesting Issues May Arise

Posted on March 10, 2008
Australian actor Heath Ledger died on January 22, 2008 in New York City from an accidental drug overdose. Heath was well-known for his role in the movie Brokeback Mountain and plays the role of "The Joker" in the upcoming Batman...

Seminar Papers for Sale ? A Warning to Law Professors

Posted on March 10, 2008
While it is common knowledge that students can and do sometimes commit plagiarism, we may not always take into consideration that with improved communications and technology, law school assignments can turn into a marketplace commodity. Consider for example the following...

Annual Course on Estate Planning MCLE

Posted on March 10, 2008
The Center for American and International Law in Plano, Texas is sponsoring a three day program entitled Annual Course on Estate Planning on April 30 ? May 2, 2008. Here is a description of the program: The Center for American...

Prof. Sitkoff Named as a New York Uniform Law Commissioner

Posted on March 09, 2008
Robert Sitkoff (John L. Gray Professor of Law, Harvard Law School) was recently appointed to serve on the Uniform Law Commission by Massachusetts Governor Deval Patrick. He will join two other commissioners in representing Massachusetts. See Sitkoff to represent Massachusetts...

Top SSRN Downloads

Posted on March 09, 2008
Here are the top downloads from January 8, 2008 to March 8, 2008 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days: Rank Downloads Paper Title 1 123 Back to...

Factors Bearing on Trust Situs Selection Analyzed

Posted on March 08, 2008
The Program on Corporate Governance has recently released a new discussion paper entitled Perpetuities, Taxes, and Asset Protection: An Empirical Assessment of the Jurisdictional Competition for Trust Funds, authored by Robert Sitkoff (John L. Gray Professor of Law, Harvard Law...

Wealth Does Not Necessarily Equal Happiness

Posted on March 08, 2008
The Le Van Company has recently posted on its website an article entitled Notes on Social Intelligence, Part VI: Finding the Social ?Sweet Spot?, discussing among other things the interplay of happiness and wealth. According to this article: In some....

Life-Saving Donors May Come Forward When Least Expected

Posted on March 07, 2008
The following is from William Yardley, A Donor Match Over Small Talk and Coffee, NYTimes.com, March 4, 2008: Annamarie Ausnes is known for holding up the line at her favorite Starbucks here, carefully counting out her coins to pay for...

Restrictive language creates life estate

Posted on March 07, 2008
The testatrix?s will gave a farm to her two daughters with the restriction that it not be sold during their lives and for 21 years thereafter and on their deaths, title is to vest in ?the heirs of their bodies...

Understanding Retirement Assets CLE

Posted on March 07, 2008
The American Bar Association Section of Real Property, Trust and Estate Law, Young Lawyers Division and the ABA Center for Continuing Legal Education are sponsoring a teleconference and live audio webcast on March 19, 2008 entitled Understanding Retirement Assets...

Assisted Suicide -- An Australian Adventure

Posted on March 06, 2008
Don Flounders (78 years old) who is a resident of the state of Victoria in Australia suffers from mesothelioma. He is very interested in assisted suicide but such is illegal here. Thus, Don traveled to Mexico in early February to...

2008 Heckerling Institute Proceedings Summarized

Posted on March 06, 2008
Steve R. Akers (Bessemer Trust, Dallas, Texas) has recently published his article entitled Heckerling Musings 2008, RPPT eREPORT (Feb. 2008). Here is a summary of his article as posted on RPPT eREPORT: Steve Akers condenses the latest Heckerling Institute proceedings...

Estate Planning Dilemma

Posted on March 06, 2008
The following was posted on the Dear Prudence: Advice on manners and morals page of the online Slate magazine. See I'm Not Saying She's a Gravedigger ? slate.com, Feb. 28, 2008. I recently proposed marriage to my significant other of...

Rector and Gore Opinions from the Tax Court

Posted on March 05, 2008
Wendy C. Gerzog (Professor of Law, University of Baltimore School of Law) has recently posted on SSRN her article entitled Rector and Gore: Two Recent Flp Cases. Here is an abstract of her article: Rector and Gore are two recent...

New Jersey Supreme Court Holds Estate Tax Constitutional but Unjust

Posted on March 05, 2008
The following is from Tom Hester, Supreme Court rules estate tax was unjust, NJ.com, Feb. 28, 2008, discussing a New Jersey case Oberhand v. Director, Div. of Taxation, A-106-06 (N.J. Feb. 27, 2008). The state Supreme Court ruled yesterday an...

Court declares Dannielynn as Anna Nicole Smith's sole heir

Posted on March 05, 2008
Earlier on this blog, I provided an analysis of Anna Nicole Smith's will. On Tuesday (March 4, 2008) a Los Angeles judge declared that Dannielynn is the sole heir to Anna's estate and set up a trust in the girl's...

Understanding the Interplay of Bankruptcy and Probate

Posted on March 04, 2008
David B. Young (Attorney at Law, McGinnis, Lochridge & Kilgore, L.L.P.) has recently published his article entitled The Intersection of Bankruptcy and Probate, 49 S. Tex. L. Rev. 351 (2007). Here is the conclusion to his article: This essay has...

Reverse Mortgages Can Be a Snare for the Elderly

Posted on March 04, 2008
According to Charles Duhigg, Tapping Into Homes Can Be Pitfall for the Elderly, NYTimes.com, March 2, 2008: As the United States has become an older nation, reverse mortgages have grown into a $20-billion-a-year industry, with elderly homeowners taking out more...

Wills, Trusts & Estates Prof Blog Ranked Number 26 in "Most Influential Law Blog" Study

Posted on March 04, 2008
I am pleased and humbled to report that according to Jay Brown (Denver) who has ranked the 50 Most Influential Law Faculty Blogs, the Wills, Trusts, & Estates Prof Blog came in tied for 26th place. To all my readers,...

Top SSRN Downloads

Posted on March 03, 2008
Here are the top downloads from January 2, 2008 to March 2, 2008 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days: Rank Downloads Paper Title 1 106 Back to...

The court may reject both the taxpayer?s and the government?s values

Posted on March 03, 2008
In Estate of Thompson, 499 F.3d 129 (2nd Cir. 2007), the court upheld the Tax Court?s rejection of both the taxpayer?s and the government?s valuation of stock in a closely held corporation. The court rejected the taxpayer?s argument that the...

Catholic Church Reiterates Its Position on End of Life Issues

Posted on March 03, 2008
The following is from Pope reaffirms Church?s stance against euthanasia, catholicnewsagency.com, Feb. 25, 2008: Pope Benedict received participants in an international congress entitled: "Close by the Incurable Sick Person and the Dying: Scientific and Ethical Aspects" today and reiterated that...

The Central Provident Fund (Amendment) Act 2006 and Intestate Succession in Singapore

Posted on March 02, 2008
Barry C. Crown (Associate Professor, Faculty of Law, National University of Singapore) has recently posted on SSRN an article entitled Death and the Central Provident Fund: Legislative Intervention. Here is an abstract of this article: The Central Provident Fund (Amendment)...

A Parent's Guide to Wills & Trusts (For Grandparents, Too)

Posted on March 02, 2008
Don Silver has recently published 2nd edition of his book entitled A Parent's Guide to Wills & Trusts (For Grandparents, Too). Here is the description of this book from Adams-Hall Publishing: In an easy-to-read and easy-to understand question-and-answer format, A...

Dutch Legal Science and Its Influence on Mutual Wills

Posted on March 01, 2008
Alexandra Braun (Junior Research Fellow at St John's, University of Oxford School of Law) has recently posted on SSRN her article entitled Revocability of Mutual Wills. Here is the abstract of her article: Mutual wills are wills made in substantially...

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