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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

Parent may inherit from a child whom the parent did not support

Posted on February 19, 2008
A child received a large settlement of a medical malpractice action which was eventually placed in a special needs trust which on the child?s death is to be distributed to her heirs under the law in effect at the time...

Law School Professor Says State Tax Policies Violate Biblical Principles

Posted on February 19, 2008
According to David Cay Johnston, Professor Cites Bible in Faulting Tax Policies, NYTimes.com, Dec. 25, 2007: At a time when some voters are asking how the religious views of candidates will shape their policies, a professor?s discovery of how little....

James Beasley?s Children Fight Over His $55 Million Estate

Posted on February 18, 2008
The following is from Shannon P. Duffy, Battle Erupts Over Handling of Trial Lawyer's $55 Million Estate, Law.com, Feb. 15, 2008: An ugly dispute has erupted among the five children of the late, legendary trial attorney James E. Beasley Sr.,...

Last-minute change in a will is not fraudulent transfer

Posted on February 18, 2008
The testator?s ex-daughter-in-law sued her ex-husband and his sister, alleging that their mother changed her will shortly before her death at her daughter?s insistence to give to her daughter the share of the estate given to her son in a...

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Organ Donations Increase in Texas

Posted on February 18, 2008
According to Michelle Segovia, Organ Donations Up in 2007, kwtx.com: 119 Central and South Texans gave the Gift of Life in 2007 when their family members so generously agreed to donate their loved ones? organs. Sixty-six percent of people living...

More on the Kemper Pet Trust

Posted on February 17, 2008
Earlier on this blog, I reported on three dogs, Buckshot, Katie, and Obu-Jet, that are benefiting from the estate of their deceased owner, Ken Kemper, worth approximately $800,000 ($400,000 in cash and a house in Hagerstown, Maryland). I recently learned...

"Lethal Choice" -- Intellectually stimulating and emotionally charged novel

Posted on February 17, 2008
Lethal Choice by Dr. Stanley A. Terman, PhD, MD is an intellectually stimulating and emotionally charged drama that keeps you reading into the night and continues to haunt you into the daylight hours. Lethal Choice should be at the top...

Britney Spears's Family Oversees Her Well-Being and Takes Charge of Her Estate

Posted on February 17, 2008
The following is from Howard Breuer, Britney's Family Gets More Power Over Her Estate, people.com, Feb. 14, 2008: Britney Spears's family members tightened their grip on her finances Thursday as the court extended her father's co-conservator role and granted her...

Top SSRN Downloads

Posted on February 17, 2008
Here are the top downloads from December 19, 2007 to February 17, 2008 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days: Rank Downloads Paper Title 1 97 Conservation Easements:...

New England School of Law Seeks T&E Visitor

Posted on February 16, 2008
The New England School of Law in Boston is looking for a visitor to teach Wills, Estates, and Trusts for the Fall semester only. The teaching load is two courses per semester. The New England School of Law is a...

Steve Fossett Declared Dead

Posted on February 16, 2008
Earlier on this blog, I discussed Steve Fossett?s disappearance and his wife?s petition to declare him legally dead. Yesterday (Friday, February 15, 208), he was declared legally dead. According to Tammy Webber, Adventurer Fossett Declared Dead, AP, Feb...

Charitable gifts reduced by proportional share of state and federal estate taxes

Posted on February 15, 2008
In Hale v. Moore, No. 2005-CA-001895-MR & 2006-CA-000662-DG, 2008 WL 53871 (Ky. Ct. App. Jan. 4, 2008), involving the estate of Claudia Sanders, the widow of Kentucky Fried Chicken founder Colonel Harland Sanders, the court required charitable beneficiaries (two colleges)...

Charitable deduction for faulty unitrust denied because the estate failed to file court proceeding to reform the trust

Posted on February 15, 2008
The court in Estate of Tamulis v. Commissioner, 509 F.3d 343 (7th Cir. 2007), refused to apply the substantial compliance doctrine. The court explained that the taxpayer knew that reformation was needed and ?had no excuse? for the failure to...

Reasons Family Members Refuse to Donate Deceased Relatives? Organs

Posted on February 15, 2008
According to ScienceDaily, Relatives Who Decline Organ Donations Face Conflict and Guilt, sciencedaily.com, Jan. 18, 2008: Family members are sometimes unable to carry out their relative's wish to donate organs when they die, because of conflicting feelings between making a...

Trusts: Duties, In Terrorem Clause, and Attorney Fees

Posted on February 15, 2008
Below is a discussion of Lesikar v. Moon, 237 S.W.3d 361 (Tex. App.?Houston [14th Dist.] 2007, pet. filed). TRUSTS -- Trustee?s Exercise of Discretion Under the terms of the trust, Trustee was instructed to use a designated portion of the...

Medicaid and Estate Planning

Posted on February 14, 2008
Rick B. Weaver (Attorney at Law, Shannon, Gracey, Ratliff & Miller, L.L.P.) has recently published his article entitled How Medicaid Planning Affects Other Issues, 71 Tex. B.J. 110 (2008). Here is an excerpt from his article: Many clients are wary...

Using Legal Documents from Unknown Sources - Tempting But Dangerous

Posted on February 14, 2008
When preparing a legal document for a client, a family member, or a friend, it may be tempting to go online and download a form on the appropriate subject matter. One website that offers such services at no charge is...

Challenge Filed to Colorado's Ban on Same-Sex Marriage

Posted on February 14, 2008
According to Dan Frosch, 2 Sue to Void Ban on Same-Sex Marriage, NY Times, Feb. 14, 2008: A lesbian couple * * * are seeking to overturn Colorado?s constitutional ban on same-sex marriage, in what is thought to be the...

Happy Valentine's Day

Posted on February 14, 2008
Wishing you and your special someone a very Happy Valentine's Day, Gerry

Captain America Update

Posted on February 13, 2008
Earlier on this blog, I have discussed the death of Captain America, the contents of his will, and his replacement. For an update on recent developments, see the posting entitled Cap is Dead; Long Live Cap! on Neil E. Hendershot,...

A free market approach to organ shortage

Posted on February 13, 2008
The following is from John Stossel, How Much Is Your Kidney Worth?, nysun.com, Jan. 17, 2008: Why are so many people so hostile to free markets?*** Why is selling an organ "radical"? Banning the sale of kidneys kills thousands of...

Los Angeles Probate Files Tell the History of Women?s Inheritance Rights

Posted on February 13, 2008
Kristine S. Knaplund (Professor of Law, Pepperdine University School of Law), has recently published her article entitled The Evolution of Women's Rights in Inheritance, 19 Hastings Women's L.J. 3 (2008). Here are excerpts from the conclusion to her article: The...

Organ and Tissue Donor Registry in Illinois

Posted on February 13, 2008
According to Kartikay Mehrotra, Organ-donor list grows to 3.2 million, pantagraph.com, Jan. 24. 2008: More than 3 million people have signed up for Illinois? 2-year-old organ and tissue donor registry. Since the new list was created in 2006, prohibiting survivors...

Retirement Distribution Rules Guide Updated

Posted on February 12, 2008
Seymour Goldberg has recently updated his book, The Advisor's Guide to the Retirement Distribution Rules, for Circular 230 and the Pension Protection Act of 2006. Here is a description of this book: In this competitive environment it is important to....

Trusts as Retirement Plan Beneficiaries CLE

Posted on February 12, 2008
The American Bar Association Section of Real Property, Trust and Estate Law and the ABA Center for Continuing Legal Education are sponsoring ateleconference and live audio webcast on February 20, 2008 entitled Avoiding Retirement Plan Disasters: Trusts as Beneficiaries and...

Pennsylvania Survey Sheds Light on Organ Donor Shortage

Posted on February 12, 2008
The following is from David Wenner, Medical society surveys non-organ donors, www.pennlive.com, Feb. 8, 2008: About 20 percent of Pennsylvania drivers who aren't organ donors say they want to be one but just haven't gotten around to it. The Pennsylvania...

Willingness to Save May Prove Lifesaving

Posted on February 12, 2008
According to Dave Undis, Personal Responsibility Can Fix the Organ Shortage, opednews.com, Jan. 14, 2008: More than half of the 98,000 people on the transplant waiting list in the United States will die before they get an organ, and the...

"How to Build and Manage an Estates Practice" Second Edition Released

Posted on February 11, 2008
Daniel B. Evans has recently authored the second edition of his classic book entitled How to Build and Manage an Estates Practice. Here is the publisher's description of the book: Specifically tailored to the unique needs of the estates and...

Court Rules Royal Wills Can Be Inspected

Posted on February 11, 2008
According to Duncan Campbell, Accountant lifts veil from royal wills, guardian.co.uk, Feb. 9, 2008: A 53-year-old Jersey accountant who believes he may be the son of Princess Margaret and 12th in line to the throne yesterday won a landmark ruling...

Anna Nicole Smith -- One Year Later

Posted on February 11, 2008
Last Friday (February 8, 2008) was the first anniversary of the death of Anna Nicole Smith. According to Tosheena Robinson-Blair, Bahamas Remembers Anna Nicole Smith, AP, Feb. 9, 2008: Anna Nicole Smith's lawyer-turned-companion recalled her in worshipful terms Friday at...

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