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.
Post Frequency: 6.9/day Last Entry: November 20, 2009 at 08:00:00 Recent Entries: 2172
By Gerry W. Beyer
Go to Wills, Trusts & Estates Prof Blog, find other Estate Planning blogs, or browse all law blogs.
Search
Posts
Google Scholar Provides Free, Searchable Database of Judicial Decisions
Posted on November 20, 2009As of Nov. 17, Google Scholar began providing an online, searchable database of U.S. federal and state district, appellate, and supreme court decisions. The database provides full text versions of the opinions, can be searched by topic, and provides links...
Real Property Foreclosures During Probate
Posted on November 20, 2009Joshua J. White has published his article entitled The Foreclosure Process in the Probate Context, The Advocate, Fall 2009, at 99. The following is the introduction to the article: This article is intended to provide an overview of the real...
The Top Earning Dead Celebrities of the Decade
Posted on November 20, 2009You may be wondering, "who are the top earning dead celebrities of the decade?" The linked chart, which is provided by termlifeinsurance.org and is adapted from information provided by Forbes, provides the names of the fifteen top earning dead celebrities...
Lou Dobbs Enlarges Estate by Not Working
Posted on November 20, 2009Newscaster Lou Dobbs has reportedly accepted $8 million to terminate his contract with CNN early as a result of CNN's dissatisfaction with Dobbs' lack of reporting neutrality. From an estate planning perspective, Dobbs is increasing the size of his estate...
Jurisdiction and Venue for Will and Trust Disputes in Texas
Posted on November 19, 2009M. Keith Branyon (partner, Jackson Walker LLP) has published his article entitled Jurisdiction and Venue for Will and Trust Disputes, The Advocate, Fall 2009, at 61. An excerpt from the article is below: Jurisdiction and Venue in will and trust...
Passing Wealth for the First Time Can be Scary
Posted on November 19, 2009The Financial times reports that although the current financial climate may have deceased the assets of the self-made-wealth entrepreneurs of the last decade, these newly-rich families still have enough assets to worry about. The article claims that families with inexperience...
New Estate Tax Legislation Introduced
Posted on November 19, 2009On Nov. 18, Senators Tom Carper (D-Del) and George Voinovich (R-Ohio) introduced S.2784, which would freeze the federal estate tax at 2009 levels. For more information, see Sens. Carper & Voinovich Introduce Bill to Fix Estate Tax, Press Release, Nov...
Update on Estate of Former Fiat Chairman
Posted on November 19, 2009I previously reported the legal battles surrounding the estate of Gianni Agnelli, former chairman of Fiat Agnelli's daughter, a primary beneficiary of Agnelli's estate, claims that the estate contains undeclared assets held in Swiss accounts, worth as much as $1...
Estate Planning & Community Property Law Journal Announces 2010 Seminar
Posted on November 18, 2009The Estate Planning & Community Property Law Journal has announced the program for its 2010 Seminar to be held on February 5, 2010 at the Texas Tech University School of Law. Here are some of the topics and speakers scheduled...
Prosecuting and Defending When A Decedent or Ward is a Party
Posted on November 18, 2009Rudolph M. Culp (associate, Horrigan & Goehrs, L.L.P.) & Joseph S. Horrigan (partner, Horrigan & Goehrs, L.L.P.) have published their article entitled Decedents or Wards as Parties, The Advocate, Fall 2009, at 68. An excerpt from the introduction of the...
Nicolas Cage's Financial Woes Cost Him Two Homes, So Far
Posted on November 18, 2009A foreclosure auction last week cost Nicolas Cage two of his homes in New Orleans. Cage, who reportedly owes $6 million in back taxes, has sued his former business manager as a result of his poor financial situation. Properties in...
Over 14,000 Seek Amnesty for Offshore Accounts
Posted on November 18, 2009Over 14,000 Americans have taken advantage of the IRS amnesty program by disclosing secret offshore accounts. It is estimated that 12,000 of those disclosures came after the Swiss government agreed to reveal information about UBS accounts, which I reported here...
Attorney disbarred for lying to probate judge
Posted on November 17, 2009The following behavior by a Texas attorney resulted in his disbarment. Here are the details from Disciplinary Actions, 72 Tex. B.J. 884 (2009): The 162nd Judicial District Court found that during a probate court hearing, [attorney] knowingly made a false...
Texas Wills & Trusts Case Law Survey
Posted on November 17, 2009Gerry W. Beyer (Governor Preston E. Smith Regents Professor of Law, Texas Tech University School of Law) has recently posted on SSRN his article entitled Wills & Trusts, 62 SMU L. Rev. 1499 (2009). Here is the abstract of his...
Testing Online Wills Causes Reaction From Estate Planners
Posted on November 17, 2009A recent Wall Street Journal article has caught the attention of the estate planning world. The article is entitled Before It's Too Late: A Test of Online Wills. In the article, the author uses four online will-writing tools to plan...
Article Discusses 2009 Estate Planning Legislation in Texas
Posted on November 17, 2009Glenn M. Karisch (attorney, Austin, Texas) has published his article entitled 2009 Texas Probate, Guardianship and Trust Legislation, The Advocate, Fall 2009, at 15. The introduction to the article is below: Texas probate and trust practitioners will find a few...
Fawcett's Will Available Online
Posted on November 17, 2009A copy of Farah Fawcett's will is supposedly available online. The will leaves $4.5 million to Fawcett's son and nothing to Ryan O'Neal, her boyfriend of nearly 30 years. Fawcett died of cancer this past June. See Fawcett left Ryan...
Caskets -- Recycling and Custom Built
Posted on November 16, 2009The Selling It column of the December 2009 issue of Consumer Reports reproduces an ad from a North Carolina store that restores, repairs, refinishes, and custom builds caskets. Here is the editor's comment: Yup, a woodworker in North Carolina will...
Philanthropy: Donor-Advised Fund or Family Foundation?
Posted on November 16, 2009Foundation Source, a provider of support services for private foundations, has issued an article by Page Snow (Chief Philanthropic Officer, Foundation Source) entitled Family Foundations Made Easy: Helping Donors Choose Between Donor-Advised Funds and Family Foundations...
Blog on Future of Estate Tax Has New Address
Posted on November 16, 2009I recently wrote about an informative blog entitled Future of the Federal Estate Tax, which keeps readers up-to-date on current events relating to the future of the federal estate tax. This blog has moved to a new address, which can...
Beneficiary of Madoff Scheme Dies; Leaves Millions to Family
Posted on November 16, 2009Jeffry Picower was listed as one of Forbes 400 wealthiest Americans and was also involved with Bernard Madoff. Picower died of a heart attack last month. Picower's will left $200 million to his wife, $25 million to his daughter, and...
Rhode Island Governor Vetoes Bill That Would Give Domestic Partners Burial Rights
Posted on November 16, 2009This past week the governor of Rhode Island vetoed a bill that would have authorized domestic partners to make funeral arrangements for each other. The following, taken from Katherine Gregg, Update: R.I. governor vetoes 'domestic partners' burial bill, Providence Journal,...
Judicial Developments Relating to Texas Laws of Probate, Estate Planning, and Estate Administration
Posted on November 15, 2009Gerry W. Beyer (Professor of Law, Texas Tech University) has published his article entitled Case Law Update, The Advocate, Fall 2009, at 8. The introduction of the article is below: This article discusses judicial developments relating to the Texas law...
Top SSRN Downloads
Posted on November 15, 2009Here are the top downloads from September 16, 2009 to November 15, 2009 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days Rank Downloads Paper Title 1 212 2009 Federal...
New Evidence That Stonehenge Was Part of a Funeral Complex
Posted on November 14, 2009Discovery of a second, smaller stone circle near Stonehenge might confirm the theory that Stonehenge was once used for cremations as part of a funeral complex surrounding the near-by river Avon. The newly discovered stone circle has been termed Bluehenge...
Upgrading Your Probate & Estate Planning Practice: Technology Tips
Posted on November 14, 2009The most recent edition of Probate & Property magazine contains another installment of Technology: Probate, Prob. & Prop., Nov./Dec. 2009, at 43 (Richard Julian & Jason E. Havens eds.). This article discusses the advantages of setting up remote access for...
Accessing Email & Social Networking Accounts After A Loved-One's Death
Posted on November 13, 2009What happens to an email or social networking account when the account owner dies? Assuming the account owner did not otherwise provide for account information to be shared upon death, answers to this question are provided by an news.com.au article.....
Another Estate Tax Bill Introduced in the House
Posted on November 13, 2009On Nov. 5, 2009, Representative Kenny Marchant (R-TX) introduced H.R. 4035, which would "amend the Internal Revenue Code of 1986 to allow the estate of a decedent to use the capital loss carryover of the decedent as a deduction against...
California: Beneficiary's Challenge of Debts Owed to Parents Violates No-Contest Clause
Posted on November 13, 2009Despite recent legislation tightening the enforceability of no-contest clauses in California, the court in Cook v. Cook, 99 Cal. App. 3d 913, 2009 Cal. App. LEXIS 1595 (2009), held that a beneficiary?s pleading violated the no-contest clause in his parents?...
Health Savings Accounts: Basic Components and Estate Planning Issues
Posted on November 13, 2009John T. Bannen (partner, Quarles & Brady LLP) and Kristen A. Occhetti (associate, Quarles & Brady LLP) have published their article entitled Health Savings Accounts: The New Asset on the Estate Planners' Checklist, Prob. and Prop., Nov./Dec. 2009, at 30...
California Court Refuses to Create New Exception for Testamentary Gifts to Spouse-Caregivers
Posted on November 12, 2009Richard Pryor, the comedian, became afflicted with multiple sclerosis in the mid 1980?s. Jennifer, his former wife, became his caregiver in 1994. They remarried in 2001. Both before and after the marriage, Pryor revised his estate plans to leave substantial...
Tips and Lessons Learned From Mediating Estate Disputes
Posted on November 12, 2009Jay Folberg (Professor Emeritus, University of San Francisco) has published his article entitled Mediating Family Property and Estate Conflicts: Keeping the Peace and Preserving the Family Wealth, Prob. & Prop., Nov./Dec. 2009, at 9. An excerpt from the introduction of...
Texas' 11th Annual Building Blocks of Wills, Estates and Probate Course
Posted on November 12, 2009The Texas Bar CLE and the Real Estate, Probate & Trust Law Section of the State Bar of Texas are co-sponsoring a studio-produced webcast of the 11th annual CLE entitled Building Blocks of Wills, Estates and Probate Course on Jan....
Jackson's Private Funeral Costs A Shabby One Million
Posted on November 12, 2009Recently unsealed court documents reveal that Michael Jackson's private funeral cost $1 million. Most of this amount was paid to Forest Lawn cemetery in Glendale, California, where Jackson's remains were placed among those of other Hollywood celebrities...
Efficiency of the Fiduciary Concept
Posted on November 11, 2009Leonard I. Rotman (faculty of law, Windsor University) has posted on SSRN his article entitled Is Fiduciary Law Efficient? A Preliminary Analysis. The abstract of the article is below: The fiduciary concept has been described in many different ways over...
Estate of Dead Police Officer Plans to Sue
Posted on November 11, 2009The estate of police lt. Michael Pigott has announced plans to sue the NYPD for allegedly smearing Piggot's name. In 2008, Pigott ordered the tasering of a deranged man, which caused the man to fall from a balcony to his...
Actor Peter Sellers Planned to Divorce Widow Who Inherited His Estate
Posted on November 11, 2009When actor Peter Sellers died in 1980, the majority of his estate passed to his wife Lynne Frederick. But, the couple had reached a final divorce agreement before Peter's death. His death prevented the divorce from becoming final. As a...
Jackson's Father Challenges Executors; Judge Rules No Standing
Posted on November 11, 2009Late Monday evening, Joe Jackson's attorney filed a motion accusing the executors of Michael Jackson's estate of fraud and conflict of interest. During a hearing on Tuesday afternoon, a Los Angeles Superior Court ruled that Joe Jackson did not have...
Planning for End-of-Life Decisions
Posted on November 10, 2009USA Today has an article emphasizing the importance of making end-of-life decisions before such a situation arises. Among other things, the article points out the need to choose a doctor who will respect a patient's expressed wishes. See Cathy Lynn...
What Some Will Do For Money
Posted on November 10, 2009Even if this isn't a real 911-call, it does illustrate the extent to which some people will go for an extra buck, something estate planners all too aware of. Special thanks to David S. Luber (Attorney at law, Florida Probate...
Advocating for Pooled-Special Needs Trusts
Posted on November 10, 2009Jack Sullivan (J.D. candidate 2010, Minnesota University) has published his student article entitled Pooled Special-Needs Trusts: An Exception That Should be the Rule to Protect Adults with Developmental Disabilities, 17 Law & Ineq. 441 (2009). This Article argues that every...
Joe Jackson Asks for Monthly Allowance
Posted on November 10, 2009Joe Jackson has reportedly petitioned the Los Angeles County Superior Court for a monthly allowance from Michael Jackson's estate. Joe claims to have $15,000 in monthly expenses, which includes $2,000 for eating out, $3,000 for hotel expenses, and $50 for...
Attorney disbarred for lying to probate judge
Posted on November 10, 2009The following behavior by a Texas attorney resulted in his disbarment. Here are the details from Disciplinary Actions, 72 Tex. B.J. 884 (2009): The 162nd Judicial District Court found that during a probate court hearing, [attorney] knowingly made a false...
New Article Discusses Historical Politics and Legalities
Posted on November 09, 2009John Lund (adjunct faculty, Keene State College) has published his article entitled The Contested Will of "Goodman Penn": Anglo-New England Politics, Culture, and Legalities, 1688-1716, 27 Law & Hist. Rev. 549 (2009). Below is an excerpt from the introduction to...
For Your Morbid Side
Posted on November 09, 2009Estate planners may help others plan for the inevitable, but they don't make a game out of it. A Dead pool, also called a ghoul pool, is a game where players predict the deaths of celebrities in a given time...
Top SSRN Downloads
Posted on November 09, 2009Here are the top downloads from September 9, 2009 to November 8, 2009 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 144 Miller: Effective...
Texas Estate Planning Statutes 2009 Edition Published
Posted on November 09, 2009Gerry W. Beyer (Governor Preston E. Smith Regents Professor of Law, Texas Tech University School of Law) has recently published the 2009 edition of his book entitled Texas Estate Planning Statutes With Commentary (Aspen Publishers).This book is a compilation of...
New Estate Tax Legislation Introduced
Posted on November 08, 2009On Nov. 4, 2009, Representative McNerny (D-CA) introduced H.R. 4015, which would "amend the Internal Revenue Code of 1986 to extend certain estate tax provisions and restore and increase the estate tax deduction for certain family-owned business interests...
The History of the LLC and Cases Questioning Its Asset Protection
Posted on November 08, 2009William S. Forsberg (partner, Leonard Street and Deinard) has published his article entitled Asset Protection and the Limited Liability Company: Not the Panacea of Creditor Protection That You Might Think!, Prob. & Prop., Nov./Dec. 2009, at 39. A summary of...
Judicial Developments Relating to Texas Laws of Probate, Estate Planning, and Estate Administration
Posted on November 08, 2009Gerry W. Beyer (Professor of Law, Texas Tech University) has published his article entitled Case Law Update, The Advocate, Fall 2009, at 8. The introduction of the article is below: This article discusses judicial developments relating to the Texas law...
Connecticut Doctors Challenge Assisted Suicide Statute
Posted on November 07, 2009Two doctors in Connecticut have filed a lawsuit challenging the state's assisted suicide statute: The lawsuit seeks the legal answer to whether doctor-aided death constitutes assisted suicide. State law says a person is guilty of second-degree manslaughter if "he intentionally...
Trustee Defenses Against Beneficiary Claims
Posted on November 07, 2009Kevin J. Parker (partner, Snell & Wilmer L.L.P.) has published his article entitled Trustee Defenses: Statute of Limitations, Laches, Self-Executing Accounting Release Provisions, and Exculpatory Clauses, Prob. & Prop., Nov./Dec. 2009, at 53. An abstract of the article is below:...
Rules for Tax Return Preparers
Posted on November 06, 2009Brian C. Bernhardt (attorney, North Carolina) has recently published his article entitled Tax Return Preparer Penalties: The New Rules of Code Sec. 6694, Part 2, Prob. & Prop., Sept./Oct. 2009, at 23. For a summary of this article, please see...
Book Takes A Critical Look at Current Estate Planning
Posted on November 06, 2009Sue Farley, J.D., has published her book entitled Trust: Are You Kidding?! (Morgan James 2009). The book takes a critical look at current estate planning techniques and points out the planning and implementation problems that can arise with traditional estate...
Reunion of Surviving Members of Rock Band Sublime Opposed By Lead Singer's Estate
Posted on November 06, 2009The lead singer of the rock bank Sublime died in 1996. The estate of the lead singer have since attempted to prevent reunion performances by the remaining band members under the Sublime name, but have been unsuccessful so far. The...
Majority of Brits Do Not Have A Will
Posted on November 06, 2009A recent survey reveals that fifty-seven percent of the British population does not have a will, with percentages rising for younger generations. Forty-three percent of those surveyed said they do not have a will because because they hadn't got around...
Estate Planning in the Land of Id
Posted on November 05, 2009The November 4, 2009 Wizard of Id comic featured an estate planning theme involving a will dealing with a spouse and a pet cat. Follow the link above for a bit of estate planning humor.
401(k) Update: Impact of 401(k) Guidance
Posted on November 05, 2009The ABA Sections of Business Law, Health Law, Labor and Employment Law, Real Property, Trust and Estate Law, Taxation, and Tort Trial and Insurance Practice, and the American College of Employee Benefits Counsel, along with the Joint Committee on Employee...
Photo From Jackson's Autopsy?
Posted on November 05, 2009Rumor has it that a picture of Michael Jackson's body taken during his autopsy was leaked and has been shown to some individuals in Los Angeles. If the picture exists, the people who have it "'should ask themselves how they...
Portability of the Estate Tax Exemption and Its Potential Effect
Posted on November 05, 2009Marc S. Beckerman (Attorney, New York) has published his article entitled What Portability Means to Trust and Estate Professionals, Prob. & Prop., Sept./Oct. 2009, at 39. A summary of the article is below: One issue that has received much discussion....
Brothers Split $3 Billion Partnership By Drawing Straws and Tossing Coins
Posted on November 05, 2009The Elghanayan brothers, New York real estate investment partners, recently dissolved their successful partnership. Dividing partnership assets, worth $3 billion, came down to drawing straws and a coin toss. The brother's met and drew straws to start an auction...
Don't Forget About State Estate and Inheritance Taxes
Posted on November 04, 2009With all the buzz about the future of the federal estate tax, estate planners should not forget about state estate and inheritance taxes. While the current federal estate tax exemption of $3.5 million means that most estates will not be...
Simplifying Retirement Benefits in the Estate Plan, Continued
Posted on November 04, 2009Edward V. Atnally (attorney, New York) has published his article entitled Estate Planning and Retirement Benefits-An Approach Toward Simplification, Part 2, Prob. & Prop., Sept./Oct. 2009, at 56. The abstract of the article is below: In Part 1 of this...
Partner and Family of Author Stieg Larsson Battle Over Estate, Including Laptop Containing Possible Manuscript
Posted on November 04, 2009Author Stieg Larsson died in 2004. Siince his death, three manuscripts left behind by the writer have been published and have made his estate very wealthy. His partner of 32 years and his family are fighting over Larsson's estate, largely...
Son of Michigan Football Coach Sues Stepmom Over Trust Administration
Posted on November 04, 2009The son of Bo Schembechler, former Michigan football coach, has sued his step-mother for failing to provide him with required quarterly statements regarding a trust created by Schembechler. Schembechler died in 2006. See Andrew Welsh-Huggins, Schembechler son sues stepmom over...
Election Update: Maine Same-Sex Marriage Ballot
Posted on November 04, 2009The Associated Press reports that early returns from today's voting in Maine are too close to predict whether same-sex marriage will be allowed in the state. Approximately one-third of the reporting precincts report that the vote is split 50/50. As...
Maine Voters Say 'No' to Same-Sex Marriage
Posted on November 04, 2009Election results from Maine indicate that same-sex marriage will not be allowed in the state. With 53% of the reported votes opposing same-sex marriage, Maine has become the 31st state to prevent same-sex marriage by referendum. According to the New....
Singer Stephen Gately Dies, Possibly Without A Will
Posted on November 03, 2009The death of Boyzone singer Stephen Gately may not have been top news in the U.S., but in the UK and Ireland the funeral of the 33-year old star was watched by millions and received 24-hour live coverage. Now, Gately's...
Marley Heirs Seek to Protect Trademark Rights
Posted on November 03, 2009Bob Marley's heirs have hired a firm to protect their trademark rights in Marley's image. Unlicensed sales using Marley's name and image are estimated to be $600 million annually, while licensed sales are only a small fraction of this amount....
Nevada Recognizes Domestic Partnerships
Posted on November 03, 2009A new law in Nevada, effective on Oct. 1, 2009, allows same-sex and opposite-sex couples to enter into a domestic partnership. For a fee, couples can sign a contract that essentially gives the couple the same rights and responsibilities as...
Should Charitable Trust Enforcement be Assignable, and to What Extent?
Posted on November 02, 2009Joshua C. Tate (Assistant Professor of Law, SMU Dedman School of Law), has recently posted on SSRN his article entitled Should Charitable Trust Enforcement Rights be Assignable?, Chi.-Kent L. Rev. (forthcoming). The abstract of the article is below: In recent...
Jackson Ranks Among Highest Earning Dead Celebrities
Posted on November 02, 2009Forbes estimates that Michael Jackson has earned $72 million since his death. This estimate was calculated before the release of the film "This Is It," which earned $21 million over the weekend. According to Forbes, Jackson is ranked as the...
Michelle Triola Marvin, Party to Palimony Case, Passes Away
Posted on November 02, 2009On Friday, Oct. 30, 2009, Michelle Triola Marvin passed away. Michelle Triola Marvin petitioned the courts for half of the income earned by Lee Marvin, her former live-in boyfriend, when the couple broke-up years ago. Although "[s]he ultimately received no...
College Professor's Estate Plan Includes A Former Student
Posted on November 02, 2009The Washington Post has an fascinating article about a woman who discovers that one of her former college professors named her as the beneficiary of a life insurance policy. The woman discovers this when the professor dies, 20 years after...
Recognizing and Dealing With A Client's Diminished Capacity
Posted on November 01, 2009The ABA Senior Lawyers Division, Commission on Law and Aging, Health Law Section General Practice, Solo and Small Firm Division, Section of Individual Rights and Responsibilities, Section of Real Property, Trust and Estate Law, Section of Family Law and the...
Comparing Guardian Laws in New York
Posted on November 01, 2009Michael V. Gervasi (adjunct professor of law, St. John's University) and Gerald Lebovits have posted on SSRN their article entitled Guardians and Guardians Ad Litem in New York, Richmond County Bar Association Journal, Vol. 8, No. 4, 7 (Fall 2009),...
Is the Prudent Investor Really Prudent?
Posted on October 31, 2009Stewart E. Sterk (professor of law, Cardozo) has posted on SSRN his article entitled Rethinking Trust Law Reform: How Prudent is Modern Prudent Investor Doctrine?, Cornell L. Rev. (forthcoming). The abstract of the article is below: During the 1990s, modern...
What to do When a Facebook Friend Passes Away
Posted on October 31, 2009The following, taken from The Facebook Blog, discusses how to memoralize a friend's account after the friend passes away: We understand how difficult it can be for people to be reminded of those who are no longer with them, which...
Happy Halloween!
Posted on October 31, 2009Many law school classes have one or more holidays which are especially relevant. For example, Family Law has Valentine's Day, Mother's Day, and Father's Day, Labor Law has Labor Day, Environmental Law has Earth Day, Military Law has Memorial Day,...
New Postings Alert Now Available via Twitter
Posted on October 31, 2009If you interested in following the Wills, Trusts, and Estate Blog on Twitter so you receive immediate notification whenever a new post is made, please follow me on Twitter. My Twitter user name is Gerry_Beyer. I hope you find this...
Top SSRN Downloads
Posted on October 31, 2009Here are the top downloads from September 1, 2009 to October 31, 2009 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 128 Miller: Effective...
Fall AALS Trusts & Estates Newsletter -- Call for Updates
Posted on October 30, 2009The following message is posted on the request of Prof. Laura Rosenbury, Washington University School of Law: Hello Trusts and Estates Colleagues, I am compiling information for the fall newsletter of the AALS Section on Trusts and Estates. Please email...
Quieting Your Heirs With a No-Contest Clause
Posted on October 30, 2009The New York Times recently discussed strategies for preventing heirs from challenging a decedent's estate planning documents, focusing on a no-contest clause. No-contest clauses threaten disinheritance for making an unsuccessful challenge to the estate planning documents...
Conflit of Interest Challenges in Governing Nonprofits Organizations
Posted on October 30, 2009Melanie B. Leslie (professor of law, Cardozo) has posted on SSRN her article entitled Conflicts of Interest and Nonprofit Governance: The Challenge of Groupthink. An abstract of the article is below: The central dilemma for nonprofit law is that nonprofit...
Using a Special Needs Trust in Elder Estate Planning
Posted on October 30, 2009According to a recent article from the Academy of Special Needs Planners, an elderly person applying for long-term Medicaid benefits for nursing home care can benefit from a sole benefit trust. Specifically, when a medicaid applicant transfers assets to a...
Wal-Mart Offers Caskets and Urns
Posted on October 30, 2009As of last week, Wal-Mart is offering caskets and urns on its website, although with an appropriately more stringent return policy. One source indicates that Wal-Mart may eventually offer pet urns and memorial jewelry as well. The president of the...
Howard Hughes's Heirs Hit by the Real Estate Slump
Posted on October 29, 2009When Howard Hughes died in 1976, he left behind no will, no children, and nearly 1,000 heirs and beneficiaries. So far, his heirs and beneficiaries have collected $1.5 billion from liquidating Hughes's estate. The heirs and beneficiaries were hoping for...
Common Myths About A Will
Posted on October 29, 2009In honor of last week being National Estate Planning Awareness Week, USA Today ran an article setting out to dispel five myths about wills: Estate Planning is for the rich: Not true. Almost everyone has some property, and estate plans...
Blog Focuses on 2009 Estate Tax Reform
Posted on October 29, 2009Hani Sarji, an LL.M in Tax candidate at New York Law School, is the author of an informative blog entitled Future of the Federal Estate Tax, which keeps readers up-to-date on the 2009 estate tax reform. The blog provides information...
Inheriting a Roth IRA
Posted on October 29, 2009Here is some advice for handling an inherited Roth IRA, taken from Kelly Greene, The Gift That Keeps on Giving: A Roth IRA, WSJ, Oct. 24, 2009. Inheriting a spouse's IRA: You can roll the IRA into your own IRA,...
Immortality and A Super-Rich Species Predicted
Posted on October 28, 2009American Futurologist Paul Saffo predicts that in the future, the advancements made possible by the fusion of biology and technology will only be available to the super-rich, possibly leading to the super-rich being a different species than their less wealthy...
Proving for a Client's Disposition of Tangible Property
Posted on October 28, 2009The ABA Section of Real Property, Trust and Estate Law is sponsoring a CLE teleconference and life audio webcast on Nov. 10, 2009, entitled Passwords and Personalty: Planning and Pitfalls in the Disposition of Tangible and Quasi-Tangible Property. Here is...
Astor Trial Could Affect Will Execution
Posted on October 28, 2009Aside from directly affecting the lives of Anthony D. Marshall and Francis X. Morissey, Jr., the Astor trial could also affect people making a will by causing attorneys to take extra precaution when ascertaining their testamentary capacity. This could be...
House Maj. Leader Predicts 2009 Estate Tax Will Become Permanent
Posted on October 28, 2009The following is taken from Corey Boles and Martin Vaughan, Hoyer Supports Permanent Fix for Estate Tax, Wall St. J., Oct. 27, 2009. House Majority Leader Steny Hoyer (D., Md.) said Tuesday he supports a move to permanently fix the...
Maine's Same-Sex Marriage Law on November Ballot
Posted on October 27, 2009The November ballot in Maine will ask voters whether they want to overturn a law that makes same-sex marriage legal. Question one on the ballot will read, "Do you want to reject the new law that lets same-sex couples marry...
More on Italian Royalty Fight Over Inheritance for Surrogate Children
Posted on October 27, 2009I recently reported on the inheritance battle between Italian Prince Jonathan Doria Pamphilj and his sister, Princess Gesine. Both adopted into royalty as children, they now dispute whether Prince Jonathan's children from a surrogate mother are heirs of the Princess...
Another Estate Tax Bill Introduced in the House
Posted on October 27, 2009On Oct. 22, 2009, Representative Berkley (D-NY) introduced H.R. 3905, which would "amend the Internal Revenue Code of 1986 to repeal the 1-year termination of the estate tax, to increase the estate and gift tax unified credit, and to coordinate...
National Estate Planning Awareness Week
Posted on October 27, 2009Last week was National Estate Planning Awareness Week. I apologize for not posting this designation sooner. I hope that nobody missed out on estate planning awareness festivities and that estate planning awareness is something we promote every week.
Consider donating to a worthy cause by texting this Halloween
Posted on October 27, 2009The following announcement is posted as a courtesy to Sharon Brand Gardner (Shareholder, Crain Caton, Houston, Texas) who serves on on Board of Trustees of the Houston Gulf Coast/South Texas Chapter the CCFA. Sharon explains, "Your $5.00 donation would help...
Katherine Jackson Hires New Attorney
Posted on October 26, 2009Katherine Jackson recently hired a new lawyer to represent her in Michael Jackson's probate case. The new attorney, Adam Streisand, is a known expert in Los Angeles probate cases. According to Alan Duke, Katherine Jackson replaces lawyers in estate battle,...
Top SSRN Downloads
Posted on October 26, 2009Here are the top downloads from August 26, 2009 to October 25, 2009 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 111 Global Trends...
More on the Unknown Future of the Estate Tax
Posted on October 26, 2009Congress could extend the 2009 estate tax system into 2010 rather than allowing the estate tax to lapse. But, the estate tax exemption is set to return to $1 million in 2011, which means that extending the current $3.5 million...
CLE to Address U.S. Attack on Tax Havens
Posted on October 26, 2009The ABA Section of International Law and the ABA Center for Continuing Education is sponsoring a teleconference and live audio webcast CLE entitled Will the American Assault on Tax Havens Finally Succeed?, on Thursday, Oct. 29, 2009. Here is a...
Coordinating the Retirement and Estate Plan
Posted on October 25, 2009Planning for Estates is offering a CD set and 66-page manual entitled Financial Planning After Retirement: Coordinating the Retirement Plan with the Estate Plan, based on a recent CLE teleconference. A summary of the available materials is below: A wrong...
Gangster Hideout Going, Going, Gone!
Posted on October 25, 2009The private lodge that Al Capone once used as a hideout recently sold for $2.6 million at a foreclosure auction. As may expected of any former gangster hideout, the property came with a private lake and a guard tower, among...
Practice Manual Provides Clauses for Texas Trusts
Posted on October 24, 2009N. Dean Hawkins (attorney) has published his book & CD entitled Texas Trust Clauses (James Publishing). The book is described as follows: A deep and ready reservoir of pattern trust clauses can help the estate planner provide a comprehensive document,...
Update on Newcomb College: Appeal Filed
Posted on October 24, 2009I previously reported that on August 31, 2009, a district court denied the motion for summary judgment that would have forced Tulane University to reopen Newcomb College. On October 7, 2009, "Susan Henderson Montgomery, a successor of Josephine Louise Newcomb,...
New York Allows Domestic Partner Power to Make Anatomical Gifts
Posted on October 23, 2009Effective October 25, 2009, New York will allow a domestic partner the ability to make an anatomical gift of the other partner?s organs. 2009 Sess. Law News of N.Y. Ch. 348.
Burial Plots Used to Launder Money
Posted on October 23, 2009An attorney and two associates in Southern California were arrested on suspicions that they charged between $6,000 and $50,000 to file a fraudulent employment visa application on approximately 100 different occasions. The attorney allegedly purchased burial plots and grave monuments...
Details From Walter Cronkite's Will
Posted on October 23, 2009Walter Cronkite's 24-page will leaves his personal papers, including documents such as a typed dispatch from a World War II Cruiser, to the Dolph Briscoe Center for American History at the University of Texas at Austin. Cronkite began his journalistic...
Is Testamentary Restraint of Same Sex Marriage Permissible?
Posted on October 23, 2009Robert L. Moshman (attorney and writer) has written an article entitled Estate Analyst: Testamentary Restraint of Same Sex Marriage, Oct. 2009. Here is a summary of the article: Can a testator impose a testamentary restriction on a bequest that prohibits...
Increase in Estate Tax Exemption Could Alter Will Distribution Plans
Posted on October 22, 2009The increase in the estate tax exemption between 2001 and present could have unintended consequences for some wills. Specifically, spouse's whose wills contain a bypass trust for the benefit of their surviving spouse could risk altering the spouse's true intentions...
Stanford Attempts to Sell Hard-to-Sell Investments
Posted on October 22, 2009During the last decade, elite universities moved toward investing in illiquid assets, which turned out to be less-than-desirable investments after stocks fell last year. Earlier this month Stanford University reportedly offered to sell as much as $1 billion worth of...
Posthumous Paternity Testing In Maine
Posted on October 22, 2009Dan Boyd (J.D. Candidate, 2010, University of Maine School of Law) has published his case note entitled Raising the Dead: An Exemption of In re Kingsbury and Maine's Law Regarding Intestate Succession and Posthumous Paternity Testing, 61 Me. L. Rev.....
Delaware Enacts Uniform Principal and Income Act
Posted on October 22, 2009New Legislation in Delaware enacts the Uniform Principal and Income Act. 2009 Del. Laws Ch. 99. A synopsis of the bill that was eventually enacted is provided on the Delaware General Assembly website.
New Federal Estate Tax Bill Introduced in House
Posted on October 21, 2009On October 15, 2009, Rep. Schrader (D. Oregon) introduced H.R. 3841, a bill "[t]o amend the Internal Revenue Code of 1986 to repeal carryover basis for decedents dying in 2009, to increase the estate tax exemption to $5,000,000, and to...
Mother's Estate Will Be Example for Daughters
Posted on October 21, 2009A mother who wanted to empower her daughters will continue to do so after her death, through her estate. Bianca Wisniewski sued her employer for sexual harassment to show her daughters that women can do what men can do. A...
Check the box and eliminate the need for a credit shelter trust
Posted on October 21, 2009In a recent Tax Analyst article, author David Cay Johnston challenges readers to consider "an estate tax KISS, as in 'Keep It Simple, Stupid,'" when debating the future of the estate tax. David Cay Johnston, Patches, Portability, and Punting or...
Estate Planning Questions Unique to Celebrity Clients
Posted on October 21, 2009Bridget J. Crawford (Professor of Law, Pace Law School), Joshua C. Tate (Assistant Professor of Law, SMU Dedman School of Law), Mitchell Gans (Professor of Law, Hofstra University School of Law), and Jonathan G. Blattmachr (Partner, Milbank, Tweed, Hadley &...
Changes to Wills, Trusts, & Estates Laws in North Carolina
Posted on October 21, 2009New legislation in North Carolina has resulted in a number of changes related to Wills, Trusts, and Estates, including the following: Allowing a trustee to appoint trust property to another trust for the same beneficiary. 2009 N.C. Laws S.L. 2009-318...
Everyone Worries About Financial Hardship, Although Hardship May Be Different
Posted on October 20, 2009Paul Sullivan, in Too Rich to Worry? Not in This Downturn, N.Y. Times, Oct. 2, 2009, writes that the wealthiest of the wealthy in the United States are learning, among other things, to keep cash on hand: At a closed-door...
44th Annual Heckerling Institute on Estate Planning
Posted on October 20, 2009The Heckerling Institute is sponsoring the 44th Annual Heckerling Institute on Estate Planning CLE on January 25-26, 2010 in Florida. Details are below: The Heckerling Institute on Estate Planning is the nation?s leading conference for estate planning professionals...
Misconceptions Concerning Conservation Easements
Posted on October 20, 2009Nancy A. McLaughlin (professor of law, University of Utah College of Law) and Mark Benjamin Machlis have posted on SSRN their article entitled Protecting the Public Interest in Conservation: A Response to Professor Korngold's Critique of Conservation Easements, 5 Utah...
Arizona Extends Time Non-charitable Trust May Exist
Posted on October 19, 2009Arizona has extended the time a trust for a specific lawful non-charitable purpose may exist. The time period was increased from 21 to 90 years. Act of July 10, 2009, ch. 85 Ariz. Laws 2333.
'Coke's Advice on Executing Wills of Land'
Posted on October 19, 2009M.C. Mirrow (professor of law, Florida International University College of Law) has posted on SSRN his essay entitled Coke's Advice on Executing Wills of Land, Florida International University Legal Studies Research Paper No. 09-09. An abstract of the essay is...
Florida: No Undue Influence Challenge of Inter Vivos Trust Revocation After Settlor's Death
Posted on October 19, 2009The beneficiary of an inter vivos trust brought suit following the settlor?s death alleging that transfers of property from the trust were the product of undue influence. Florida?s Third District Court of Appeals affirmed dismissal of the complaint on the...
Tax Court Rules on LLC Transfer Valuation
Posted on October 18, 2009Transfers are valued as transfers of interests in a limited liability company so that the LLC is not disregarded under the ?check the box? regulations to treat the transfers as transfers of a proportionate share of assets owned by the...
Court Decision Concerning QDRO Questioned
Posted on October 18, 2009Albert Feuer (Law Offices of Albert Feuer) has posted on SSRN his article entitled A Well Reasoned But Incorrect QDRO Decision Pertaining to Life Insurance Payments from an ERISA Plan. An abstract of the article is below: In Metropolitan Life...
Illinois Will Basics
Posted on October 18, 2009In Anatomy of a Will: A Step-by-Step Guide, 97 Ill. B.J. 506 (2009), Helen W. Gunnarsson (attorney, Highland Park, Illinois) provides a ?primer on simple wills for newbies, litigators, and other will-drafting novices.? Here are the main topics covered in...
Top SSRN Downloads
Posted on October 17, 2009Here are the top downloads from August 18, 2009 to October 17, 2009 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 109 Global Trends...
Defined Value Clauses: Evaluation and Practical Planning Advice
Posted on October 17, 2009Michael E. Morden (Associate, Sonnenschein Nath & Rosenthal LLP) has published his article entitled "Reallocating" Wealth After Christiansen: A Fresh Look at Formula Clauses, 35 Am. C. of Trust & Estate Counsel 38 (Summer 2009). The editor's synopsis of the...
Changes to Wills, Trusts, & Estates Laws in Illinois
Posted on October 17, 2009New legislation in Illinois has resulted in a number of changes related to Wills, Trusts, and Estates, including the following: Creation of a depository for orphan wills. 2009 Ill. Legis. Serv. P.A. 96-137. Enactment of state qualified terminable interest property...
Pacific McGeorge School of Law Seeks Wills & Trusts Professor for Summer 2010
Posted on October 16, 2009Pacific McGeorge is seeking a visitor for the summer of 2010 to teach one 3-unit course in Wills & Trusts. The summer session runs from May 17 ? June 9. The classes are scheduled from 6:15 ? 9:30 p.m. Monday...
Blog ranked #23 among blogs edited by law professors
Posted on October 16, 2009The Wills, Trusts, & Estates Prof Blog ranked #23 in number of visitors among blogs edited by law professors with publicly available SiteMeters for the most recent 12-month period (October 1, 2008 - September 30, 2009). To all my readers,...
Jackson Estate Lawyers Request Court Clarification
Posted on October 16, 2009Later this month, the probate judge handling Michael Jackson's estate will hear a request from John Branca and John McClain to restate their powers, clarifying that they have the power to make daily decisions without court approval for the benefit...
Italian Prince and Princess Fight Over Inheritance for Surrogate Children
Posted on October 16, 2009Italian Prince Jonathan and Princess Gesine are fighting over their late-mother's inheritance, which includes a 1,000 room palace in Rome and an extensive art collection. Specifically, Gesine is asking an Italian court to rule that Jonathan's two children from a...
Simultaneous Death Provision in the California Probate Code
Posted on October 16, 2009Victoria J. Haneman has posted on SSRN her article entitled 120 Hours Until the Consistent Treatment of Simultaneous Death Under the California Probate Code. An abstract of the article is below: The issue of simultaneous death arises when there is...
Connecticut Expands Slayer Statute
Posted on October 16, 2009Connecticut expands slayer statute to permit its operation even if the slayer dies before being determined to be a ?slayer.? An Act Concerning Murder and Inheritance, Conn. Session Law 09-201.
Marshall Heirs May Have Lost an Inheritance by Raising Concerns About Anthony D. Marshall
Posted on October 15, 2009When Phillip Marshall, son of Anthony D. Marshall, raised his concern that his father was mistreating Mrs. Brooke Astor, he may have "cost him and his twin brother, Alexander, about $10 million each in an inheritance they had never realized...
Washington: Restraint on Alienation Violates Rule Against Perpetuities
Posted on October 15, 2009The testator devised real property to a hospital with a proviso that the property is never to be transferred and if it is, the property is devised to the county of the testator?s residence or, in default, to the State...
California Amends its Version of the Uniform Principal and Income Act
Posted on October 15, 2009Legislation in California amends its version of the Uniform Principal and Income Act. The amendments are to remedy an issue raised by Rev. Ruling 2006-26 so that a deferred compensation, annuity, IRA, or similar plan will qualify for marital deduction...
Ohio Supreme Court Fines Two 'Trust Mill' Companies Over $6 Million
Posted on October 15, 2009According to multiple sources, the Supreme Court of Ohio reprimanded two companies for unauthorized practice of law thisWednesday. The following is a summary of information taken from multiple articles discussing the decision. American Family Prepaid Legal Corporation, and Heritage Marketing...
Ohio: SOL for Breach of Trust Begins When Beneficiaries Learn of Alleged Breach
Posted on October 14, 2009The successor trustee and a beneficiary brought suit for breach of duty against the prior trustee for alleged self-dealing in indirectly acquiring shares of stock in a closely held company by causing the trust to sell to a company which...
Could Banks Write "Wills" In Preparation for Economic Crisis?
Posted on October 01, 2009Attempting to apply the lessons learned from properly preparing for death with a will, the British Treasury and central bank has suggested that banks write their own "living wills," which would outline the wind-down of operations and distribution of assets...
Utilizing a Letter of Wishes in Trust Creation
Posted on October 01, 2009Alexander A. Bove, Jr., (attorney, Boston) has published his article entitled The Letter of Wishes: Can We Influence Discretion in Discretionary Trusts?, 35 Am. C. of Trust & Estate Counsel 38 (Summer 2009). The editor's synopsis of the article is...
When Bankruptcy and Probate Collide
Posted on October 01, 2009Lorman Education Services is offering a CD set or podcast and manual of a teleconference entitled When Worlds Collide - Bankruptcy and Probate. A description of the teleconference is below: Until the U. S. Supreme Court's 2006 decision in Marshall...
Annual Meeting Program for AALS Section on Trusts and Estates Announced
Posted on October 01, 2009The AALS Section on Trusts and Estates is pleased to announce the program for the Annual Meeting on Saturday, January 9, 2010 Phyllis C. Smith, Associate Professor, Florida A&M University College of Law: The Estate and Gift Tax Implications of...
Dying at Home May Not Be As Peaceful For Loved Ones
Posted on October 01, 2009When a loved one chooses to die at home, the family should prepare to the fulfill certain post-death requirements, including: Determination by a licensed professional that the person is actually deceased. Completing a death certificate properly. Selecting an undertaker...
Various Madoff Relatives Face Lawsuits from Madoff Bankruptcy Trustee
Posted on September 30, 2009Irving Picard, the court appointed Bernard Madoff bankruptcy trustee, plans to sue two of Madoff's sons, a brother, and a neice for negligence and breach of fiduciary duty in their roles as part of Madoff's business. According to Picard, these...
Texas Estate Planning and Probate Drafting CLE
Posted on September 30, 2009TexasBar CLE presents the 20th annual Estate Planning and Probate Drafting Course. The course will be presented live in Dallas on Oct. 29 & 30 and will be presented by video in Houston on Dec. 2 & 4. Course highlights...
Illinois Court Declines to Invalidate Religious Marriage Condition Placed on Inheritance
Posted on September 30, 2009In re Feinberg, 2009 Ill. Slip Op. 106982 (SC Sept. 24, 2009): The Illinois Supreme Court decided whether to invalidated an inheritance condition based on marrying within the Jewish faith. Below is the case summary for the case provided by...
Alternative Reproductive Technologies Create Posthumous Heirs & Legal Problems
Posted on September 30, 2009Charles P. Kindregan, Jr., (professor of law, Suffolk University) has posted on SSRN his article entitled Dead Dads: Thawing an Heir from the Freezer, 35 William Mitchell L. Rev. 433 (2009). The abstract of the article is below: In Dead...
Illinois Will Repository Statute
Posted on September 29, 2009Helen W. Gunnarsson (Highland Park, Illinois attorney and writer) explains the operation of the new Illinois law authorizing the creation of a repository for attorneys to deposit original wills for long-lost clients in Illinois? New Will Repository Law, 97 Ill...
More on Assisted Suicide Guidelines in England
Posted on September 29, 2009As previously noted, the top prosecutor in England released factors his department would use in deciding whether to prosecute under the country's assisted suicide ban. These guidelines were ordered after noteworthy assisted suicide cases forced the issue to the forefront:...
Organ Donation: Opt-Out, Mandated, or by I-Phone?
Posted on September 29, 2009Most U.S. states use an opt-in approach for organ donation. Alternatives include the opt-out and the mandated approaches, which could motivate U.S. citizens who would like to be an organ donor to make their intent known: Opt-out: Citizens are presumed...
Acceptable Nontax Purposes for Family Limited Partnership Investments
Posted on September 29, 2009Prof. Wendy Gerzog (University of Baltimore School of Law) has published her article entitled Miller: Effective FLP Line Drawing, Tax Notes, Vol. 124, No. 12 (2009). The abstract is below: Miller is a decision on family limited partnerships (FLPs) with...
Woman Who Owns Bulk of Marilyn Monroe's Estate Barely Knew Her
Posted on September 28, 2009When Marilyn Monroe died, she was single and childless, but she did have a will. Monroe signed a will one year before her death. She left $100,000 in trust to care for her mother, who was institutionalized for mental illness...
Suicide Kit Is a Controversial Purchase
Posted on September 28, 2009Dr. Phillip Nitschke, founder and director of a pro-euthanasia group, teaches individuals how to die peacefully and at their own will with the aid of a suicide drug-testing kit (pictured). The kit contains the drug Nembutal, which is used by...
Vermont Adopts Uniform Trust Code
Posted on September 28, 2009New law in Vermont adopts the Uniform Trust Code. 2009 Vt. Laws No. 20. The state legislature's website provides a detailed summary of the act, including the following excerpt: This act modernizes and codifies the laws governing testamentary and inter...
Use of Trusts In Medicaid and non-Medicaid Asset Protection
Posted on September 28, 2009Bradley E.S. Fogle (professor of law, St. Louis University), Jr. has published his article entitled Scylla and Charybdis Attack: Using Trusts for Medicaid Planning and Non-Medicaid Asset Protection, 35 Am. C. of Trust & Estate Counsel 45 (Summer 2009)...
How an Illinois estate planner can survive changing times
Posted on September 28, 2009In Winning at Darwin?s Game, 97 Ill. B.J. 420 (2009), Katarinna McBride (Beerman Swerdlove, LLLP, Chicago, Illinois) explains how changes in federal law, plus the Illinois estate tax which is decoupled from the federal tax schedule and the new Illinois...
Washington Expands Slayer Statute
Posted on September 27, 2009New legislation in Washington state expands the slayer statute to include someone who participates, either as a principal or an accessory before the fact, in the willful and unlawful financial exploitation of a vulnerable adult. 2009 Wash. Legis. Serv...
The Creighton University Law Review
Posted on September 27, 2009The Creighton University Law Review announces the third annual multidisciplinary symposium on Friday, April 16, 2010, at Creighton University School of Law in Omaha, Nebraska. The Law Review is soliciting papers to be presented at the symposium, which will explore...
Analysis of UPC Provisions Concerning Assisted Reproduction: Class Gifts and Intestacy
Posted on September 27, 2009Sheldon F. Kurtz (professor of law, University of Iowa) and Lawrence W. Waggoner (professor of law, University of Michigan) have published their article entitled The UPC Addresses the Class-Gift and Intestacy Rights of Children of Assisted Reproduction Technologies, 35 Am...
Top SSRN Downloads
Posted on September 27, 2009Here are the top downloads from July 28, 2009 to September 26, 2009 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 236 Protecting Trust...
The Ethics of Representing Families When Creating Family Entities
Posted on September 26, 2009Mary F. Radford (Professor of Law, Georgia State University College of Law) has published her article entitled Ethical Challenges in Representing Families in Family Limited Partnerships, 35 Am. C. of Trust & Estate Counsel J. 2 (Summer 2009). The editor's...
Vermont Adopts Uniform Prudent Management of Institutional Funds Act
Posted on September 26, 2009Vermont has enacted the Uniform Prudent Management of Institutional Funds Act. 2009 Vt. Laws No. 9. A excerpt from a summary of the new law provided by the state's legislature is posted below: This act adopts the Uniform Prudent Management...
Converting to a Roth IRA in 2010
Posted on September 25, 2009Richard Kaplan (professor of law, University of Illinois) has published his article entitled To Roth or Not to Roth: Analyzing the Conversion Opportunity for 2010 and Beyond, Bureau of Nat'l Affairs Daily Tax Report, Sept. 22, 2009. The abstract of...
Illinois Enacts Convenience Account Act
Posted on September 25, 2009The state of Illinois has enacted the Banking Convenience Account for Depositors Act. The relatively short provision becomes effective on January 1, 2010. Among other things, the act provides for the creation of convenience accounts and lays out certain liabilities...
Comment Reminder
Posted on September 25, 2009Do you notice that when you post a Comment, it does not appear? Do you post it again and again? Then, after a while, do you notice that it suddenly appears? This is not aberrant behavior. Instead, it is by...
IRS Extends Amensty Program for Taxes Not Paid on Foriegn Accounts
Posted on September 25, 2009As previously noted, the IRS recently offered a six-month amnesty program during which tax evaders who have hidden funds in off-shore accounts discolse and pay the evaded taxes. The IRS has extended this amnesty program. Below is the applicable extension...
England's Prosecutor Releases Factors for Assisted Suicide Prosecution
Posted on September 25, 2009This week England's top prosecutor released guidelines for determining when his office would prosecute people who violate the country's prohibition on assisted suicide. The guidelines contain factors that make prosecution more or less likely: There are "13 factors that could...
Economy Forces 'Grave Decisions'
Posted on September 24, 2009Tough economic times are causing an increasing number of people to part with their final resting place. Multiple cemeteries report nearly double the number of clients seeking to sell back their plot. Websites that advertise plots for sale report an...
Continued Questions Regarding Washington's Assisted Suicide Act
Posted on September 24, 2009The King County Bar Association has received a number of responses concerning Margaret Dore's article entitled Death With Dignity: What Do We Tell Our Clients?, Wash. State Bar News, July 2009 (see prior post for a discussion of the article)....
Katherine Jackson's Executor Contest Set for Trial
Posted on September 24, 2009Yesterday I reported that a Los Angeles court has essentially given Katherine Jackson, Michael Jackson's mother, the green light for proceeding with contesting the named executor's of Jackson's estate. Updating that report, the presiding judge has set aside a week...
Call for Articles -- Estate Planning and Community Property Law Journal
Posted on September 24, 2009On the heels of a well-received collection of professional articles for its inaugural volume, the editors of the Estate Planning and Community Property Law Journal are currently seeking a law review style article (at least 30 double-spaced pages, including footnotes)...
Congress Could Utilize Retroactive Tax Amendment for Estate Tax
Posted on September 23, 2009The Gay Couples Law Blog contains a post by Gideon Alper entitled Estate Tax Repeal in 2010 Not a Big Deal Because Congress Can Pass Retroactive Tax Amendment, Sept. 21, 2009. According to Gideon, Congress can constitutionally pass a retroactive...
Instructions for Writing a Eulogy
Posted on September 23, 2009Roberta Temes, Ph.D, has writen an article entitled How to Write a Eulogy. The article, which is below, provides step-by-step directions for someone facing what may seem like an impossible task. The article provides a summary of the roles played...
New York Guardianship Law, Advocating for Change
Posted on September 23, 2009Daniel Leinung (J.D., Albany Law School 2009) has published his comment entitled Reforming New York State's Guardianship System: It's Time for a Change (Again), 2 Alb. Gov't L. Rev 677 (2009). Excerpts from the introduction of the article are below:....
Jackson's Mother Can Challenge Trust Administrators Despite No Contest Clause
Posted on September 23, 2009A Los Angelos judge ruled on Friday that Michael Jackson's mother may challenge John McClain and John Branca remaining the sole administrators of Jackson's estate without risking disinheritance under the will's no contest clause. Jackson's will reportedly named three executors,...
Future of the Estate Tax Debate
Posted on September 22, 2009Another article debating the future of the estate tax notes previously reported obstacles to resolution this year: preoccupation with health care reform and sharply differing bills moving through the Senate and the House. The article states following regarding the estate...
Texas Authorizes Convenience Signers
Posted on September 22, 2009New legislation in Texas authorizes convenience signers on accounts that are not expressly labeled as convenience accounts. 2009 Tex. Sess. Law Serv. Ch. 929.
Death of Maharajah's Widow Leads to Family Dispute
Posted on September 22, 2009Gayatri Devi was the third wife of the previous Maharajah of Jaipur. Her death has resulted in a family dispute: Devi's family is fighting over her assets, which are worth as much as £250 million. Devi's grandchildren have produced a...
Wall Street Considers Securitizing Life Insurance Policies
Posted on September 21, 2009As Wall Street searches for new investment options, one idea investment banks are reportedly considering is securitizing life insurance policies: Banks would purchase life insurance policies, package hundreds of the policies together, and then sell the packages to investors as...
Anna Nicole Smith Owes $43,000 in Back Taxes
Posted on September 21, 2009According to the state of California, Anna Nicole Smith owes the state over $43,000 in back taxes for the year of 2007. Because not even death evades the tax-man, a creditor's claim has been filed in Smith's probate case. See...
Oklahoma Adopts Revised Uniform Principal and Income Act
Posted on September 21, 2009Oklahoma has adopted, modified and added definitions to its version of the Revised Uniform Principal and Income Act. 2009 Okla. Sess. Law Serv. Ch. 139 (click on the link for SB981 on the linked website to find the enrolled version...
Comic Book Heirs Seek Copyrights as Disney Seeks to Purchase Marvel
Posted on September 21, 2009As Disney pursues the purchase of Marvel comics, the heirs of one comic book artist involved in the creation of The Incredible Hulk, Iron Man, Spider-Man, The Avengers, X-Men, and The Fantastic Four have sent out notices of copyright termination...
Jackson's Mother to Receive up to $86,000/month
Posted on September 20, 2009According to Harriet Ryan, Jackson estate pays singer's mother $86,000 a month for expenses, LA Times, Sept. 17, 2009, Michael Jackson's mother " will receive $26,804 a month and control an additional $60,000 for food, clothing, education and entertainment for...
Washington's Assisted Suicide Act Questioned
Posted on September 20, 2009Margaret Dore (attorney, Seattle) has written an article entitled Death With Dignity: What Do We Tell Our Clients?, Wash. State Bar News, July 2009. Arguing that Washington's Death With Dignity Act is a mechanism that enables people to pressure or...
Happy Talk Like a Pirate Day
Posted on September 19, 2009Hey Me Hearties, Aarrr -- me hopes you have grand Talk Like a Pirate Day!! Gerrrrry
Top SSRN Downloads
Posted on September 19, 2009Here are the top downloads from July 21, 2009 to September 19, 2009 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 356 Ghosts of...
Assisted Suicide in United Kingdom
Posted on September 18, 2009Prosecutors in the UK are preparing to issue guidelines for pressing charges under the country's assisted suicide ban. Meanwhile, the country's chief judge recently suggested that it would be hard to make the law more favorable to those who oppose...
Practical Tips for Planning Your Living Will
Posted on September 18, 2009Robert Moshman has written a new article entitled The Estate Analyst: A Closer Look at Living Wills, Sept. 2009. The introduction of the article is below: Living wills are back in the news so it is a good opportunity to...
North Carolina Modernizes Disclaimer Law
Posted on September 18, 2009Recent legislation in North Carolina has modernized the state's disclaimer law. The changes address filing, registering, and delivering the disclaimer; the effect of the disclaimer; and other issues related to a disclaimer. 2009 N.C. Laws S.L. 2009-48.
Estate Planning CLE
Posted on September 17, 2009The ABA Section of Real Property, Trust and Estate Law is sponsoring a teleconference and live audio webcast CLE entitled Estate Planning for Owners of Retirement Plan Accounts (Including IRA's) on October 6, 2009. A description of the program is...
Astor Trial Expected to End This Week
Posted on September 17, 2009The prosecution madeclosing remarks in the Astor trial on Wednesday, Sept. 16. Trial will resume on Friday for the DA's closing remarks. The jury is expected to begin deliberations on Monday. See Laura Italiano, Astor's son's 'insatiable greed', NY Post,...
U.S. Crackdown on Tax Evasion Shadows Prominent Suicide
Posted on September 17, 2009I recently reported on the US-Swiss deal that will provide information regarding approximately 4,400 suspect UBS accounts to the IRS. According to Lynnley Browning, Suicide Victim May Have Hidden Millions Abroad, NY Times, Sept. 15, 2009, similar tax evasion information...
The Future of the Estate Tax
Posted on September 16, 2009According to Walter Alarkon, Debate over estate tax likely to wait till 2010, The Hill, Sept. 15, 2009, A split among Democrats and a busy fall agenda is likely to have lawmakers hold off this year on debating the future...
MLK Heirs in Legal Fight Over Estate
Posted on September 16, 2009Two of Martin Luther King's children are suing their brother, who they accuse of wrongfully taking money from their parents' estate. The details are below: The three children are the sole shareholder's of MLK's estate. The accused brother denies the....
Tennessee: Unclaimed Dead and Science Donations Increase
Posted on September 16, 2009I previously posted a number of blogs regarding reported increases in unclaimed bodies due to financial inability of families to pay for burial or cremation of their loved ones. Tennessee has joined the list of states reporting an increase in...
And When I Die, I'll Give You My Birthday!
Posted on September 15, 2009When writer Robert Louis Stevenson passed away, he left his birthday to a friend who had complained about her birthday being on Christmas day. Although the bequest was an endearing gesture, it may have been difficult to carry out. See...
Health Care Reform Could Benefit Kidney Transplant Recipients
Posted on September 15, 2009Currently, Medicare covers the cost of a kidney transplant; however, the anti-rejection drug that the recipient must take for life is only covered for 36 months, unless the recipient is over 65 or disabled. In at least one situation, this...
North Carolina Increases Surviving Spouse Allowance
Posted on September 15, 2009Effective January 10, 2010, North Carolina will increase the amount of the year?s allowance for the surviving spouse of a intestate or a testator from $10,000 to $20,000. 2009 N.C. Laws S.L. 2009-183.
North Carolina: Trustee Can Appoint Trust Property to Another Trust
Posted on September 14, 2009New legislation in North Carolina authorizes a trustee to appoint trust property to another trust for the same beneficiary. Trustees looking to take advantage of this change in the law should consult the text of the statute because the second...
World's Oldest Living Person Passed Away
Posted on September 14, 2009Gertrude Baines, formerly the world's oldest living person, recently died in her sleep. Born in 1894, Baines outlived all of her relatives, her potential heirs, but lived long enough to fulfill a lifelong dream when she voted for Barack Obama....
Census to Count Same-Sex Marriages
Posted on September 14, 2009The U.S. Census Bureau will count and report same-sex couples for the first time during the upcoming census. Same-sex marriages reported during the 1990 census were counted as married, heterosexual couples. Same-sex marriages reported during the 2000 census were counted...
Analysis of the Court Rulings in Newcomb College Battle
Posted on September 13, 2009Kristen van de Biezenbos Gresham (J.D. Candidate 2010, Tulane) has recently published her casenote entitled Howard v. Administrators of the Tulane Educational Fund: The Louisiana Supreme Court's Gift to Would-Be-Heirs Seeking to Enforce Conditional Donations, 83 Tul...
Protecting Your Money and Your Family
Posted on September 12, 2009CBS Money Watch has provided readers with a set of articles designed to help readers ensure that their money goes where it's supposed to after death. Entitled Keep the Money in the Family, the following useful resources are available: Will...
Gay Marriage Lawsuits Set Sights on Defense of Marriage Act
Posted on September 12, 2009Currently there are at least four federal lawsuits making their way through courts in different parts of the United States. Their common goal: o strike down the Defense of Marriage Act (DOMA), or at least parts of the act. One...
Top SSRN Downloads
Posted on September 12, 2009Here are the top downloads from July 14, 2009 to September 12, 2009 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 338 Ghosts of...
Proper Trust Administration for Protection Purposes
Posted on September 11, 2009Edward D. Brown and Eric R. Kaplan recently published their article entitled You Created a Trust - So Now What?, J. of Practical Estate Planning 33 (June-July 2009). The following is a summary of the article provided by one of...
North Carolina Law Concerning Will-Drafting Attorney
Posted on September 11, 2009New law in North Carolina renders void any gift in a will to the attorney who drafted the will unless the attorney is a relative of the testator. In addition, the legislation requires attorneys who draft a will or codicil...
Bury Me In My Car, Please
Posted on September 11, 2009Sandra West, an oil-rich socialite, died at the young age of 37. Per her request, she was buried in her Blue 1964 Ferrari with the seatback slanted comfortably. The car was covered in cement, which prevented modern day "tomb raiding."...
Russian Oligarch Dies; Leaves Secret Family, Contested Will, and Unhappy Business Partner
Posted on September 11, 2009Badri Patarkatsishvili, the richest man in Georgia, died in February of 2008. His estate is now the center of a complex contest. The basic details are below: Shortly after Badri's death, an unexpected relative and attorney produced what they claim...
Jobs Addresses His Health and Organ Donation
Posted on September 10, 2009Steve Jobs recently appeared at an Apple news conference and directly addressed his health, stating that although he still needs to gain weight, he feels great. Jobs acknowledged the generous gift of a liver made by an organ donor and...
Please, Sit Down and Plan Your Estate
Posted on September 10, 2009Forbes recently published yet another article urging readers to "sit down and plan their estate." Heidi Brown, Your Go-To Guide to Estate Planning, Forbes, Sept. 9, 2009. The article points out that in addition to providing peace of mind, estate...
Texas Limits Charitable Trust Relocation Without Approval
Posted on September 10, 2009New law in Texas limits the relocation of charitable trusts outside of Texas unless the trustee secures approval from the court or the settlor authorizing a relocation of the trust. The purpose of this statute is help remedy the orphan...
Prince Harry's 25th Birthday Means Access to Inheritance
Posted on September 10, 2009Prince Harry will turn 25 this month and when he does, he will be entitled to a portion of his inheritance from his mother. Princess Diana's estate was split equally between Prince Harry and Prince William, with the same restrictions...
Proposed Estate Tax Measures in Response to Estate Tax Repeal
Posted on September 09, 2009Although the time to address the scheduled estate tax repeal continues to shorten and congress continues to focus on other more pressing issues, some legislators have introduced estate tax measures. NACSOnline, in a recent post entitled Deadline Looms on Estate...
Questions Regarding Jackson Wrongful Death Suit
Posted on September 09, 2009Michael Jackson's estate may have problems asserting an economically viable wrongful death lawsuit against Dr. Conrad Murray: Suing for economic loss of financial support could be a challenge because Jackson has been more profitable after death than he was during...
Tolkien Estate Settles Lawsuit
Posted on September 09, 2009J.R.R. Tolkien's estate and New Line Cinema have reached a settlement regarding the lawsuit filed by Tolkien's heirs. According to the lawsuit, the Tolkien estate was owed 7.5% of gross receipts from the Lord of The Rings movies. Although the...
Korbel Owner and Daughter Fight Over Estate
Posted on September 08, 2009The owner of Korbel, Gary Heck, and his daughter, Richie Ann Samii, are involved in a legal dispute over the family's estate. Heck fired Samii in 2006 and evicted her from a ranch on Korbel property following a questionable scandal...
Conference on Ethical Issues Affecting Estate Planners
Posted on September 08, 2009The following is an email received from Dennis Belcher, president of the American College of Trust and Estate Counsel: Dear Fellows: Please join me on Wednesday, October 7, 2009, beginning at 12:00 noon ET/ 11:00 am CT/ 10:00 am MT/...
Urns Come in All Shapes and Sizes
Posted on September 08, 2009Death event planning often requires choosing a final resting place if your chosen method of body disposition is burial. If your preferred method of disposition is cremation, then consider pre-selecting your urn. Urnnews.com offers urns that are also an art...
Happy Labor Day!
Posted on September 07, 2009Happy Labor Day!! Hope you are having an enjoyable, productive, and safe holiday.
Examining Legal-Moral Problems
Posted on September 07, 2009Beard Books has reprinted Norman St. John-Stevas' book entitled Life, Death and the Law: Law and Christian Morals in England and the United States (Beard Books 2001/12) (1961). A description of the book is below: After formulating some general principles...
Connecticut Pet Trust Statute & Other Pet Trust Tips
Posted on September 07, 2009Connecticut's new pet trust statute, effective October 1, 2009, provides a useful estate planning tool, allowing pet owners to establish a trust for the duration of the named animal's life and designate a trust protector to see that the pet...
Texas Tech University School of Law Seeks Professors
Posted on September 07, 2009The Texas Tech University School of Law is seeking to fill three tenure-track positions for the 2010-11 academic year, and seeks applications from exceptional individuals interested in joining our faculty. Our curricular needs include courses in the areas of introductory...
Reasons People Elect Not to Be an Organ Donor
Posted on September 06, 2009The following are some reasons people give for electing not to be organ donors: Integrity: Desire to maintain body intact Superstition: Fear that signing donor card will jinx the person Medical distrust: Fear that medical care might be withheld so...
Nevada Updates Trust Law
Posted on September 06, 2009The most recent legislative session in Nevada resulted in revisions of the state's trust law, providing for the classification of trusts, detailing the administration of directed trusts, adopting provisions governing the administration of trusts, revising provisions concerning spendthrift trusts, and...
New Jersey Adopts Uniform Prudent Management of Institutionalized Funds Act
Posted on September 05, 2009The state of New Jersey has adopted the Uniform Prudent Management of Institutionalized Funds Act. 2009 N.J. Sess. Law Serv. Ch. 64.
Jackson's Lack of Liquid Cash
Posted on September 05, 2009According to financial information on Michael Jackson's estate in 2007, Jackson's liquid cash comprised less than one percent of his total net worth. Although I have reported that Jackson's estate has profited since his death, if Jackson's debt and the...
Top SSRN Downloads
Posted on September 05, 2009Here are the top downloads from July 7, 2009 to September 5, 2009 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 310 Ghosts of...
Cronkite's Will Left Out Girlfriend - Possibly On Purpose
Posted on September 04, 2009Rumor has it that Walter Cronkite's will did not include the woman who was his girlfriend during the last four years of his life. Cronkite's daughter stated that Cronkite never intended to leave anything to his girlfriend, who was a...
Astor Trial Provides Tax Lessons
Posted on September 04, 2009Bridget J. Crawford has posted on SSRN her article entitled Tax Lessons From the Astor Trial, 166 Tax Notes 9 (2009). The abstract of the article is below: This article examines the changes that philanthropist Brooke Russell Astor made to...
Nevada Authorizes Electronic Will Storage
Posted on September 04, 2009Nevada has adopted legislation that authorizes electronic will storage. The legislation permits the Secretary of State to create and maintain the Nevada Lockbox, a secure on-line registry which allows a person to post an electronic copy of a will or....
Sotheby's Accused of Undisclosed Conflict of Interest
Posted on September 03, 2009Halsey Minor, founder of CNET, and Sotheby's are involved in a legal dispute regarding, among other things, the sale of an Edward Hicks painting entitled The Peaceable Kingdom with the Leopard of Serenity. Details are below: Halsey bought the Hick's....
Trusts as Beneficiaries of an IRA
Posted on September 03, 2009According to Ken Hartman, Trust as Beneficiary of IRA is a Popular Strategy, WSJ, Aug. 29, 2009, the following advice may be useful when considering a trust for IRA funds: Transferring funds from an IRA to a trust would "invariably...
Jackson's Estate Will Pay for Private Burial
Posted on September 03, 2009Michael Jackson's estate will foot the bill for his private burial held this week. The cost of that burial remains a secret, but is speculated to include the cost of paying security and traffic police for the burial. See Alan...
Minnesota Adopts Uniform Disclaimer of Property Interests Act
Posted on September 03, 2009Minnesota has adopted the Uniform Disclaimer of Property Interests Act, which will become effective on Jan. 1, 2010. 2009 Minn. Sess. Law Serv. Ch. 67. According to the summary of 2009 legislation provided by the Minnesota House of Representatives: There...
Joint Account Holders Need a High Level of Trust, or Risk Losing Everything
Posted on September 02, 2009Nipp v. Broumley, 285 S.W.3d 552 (Tex. App.?Waco 2009, no pet. h.): Decedent, using her own funds, opened certificates of deposit in the form ?Decedent or Son.? Shortly before Decedent?s death as she was entering hospice, Son cashed three CDs...
Supreme Court of Montana to Decide Whether Assisted Suicide Is a State Constitutional Right
Posted on September 02, 2009Today, the Supreme Court of Montana will take up the claim that a doctor violated a man's state constitutional rights by denying the man assisted suicide. Details are below: If the claim is successful, Montana will become the first state...
District Court Denies Summary Judgment in Newcomb Case
Posted on September 02, 2009A district court denied the motion for summary judgment that would have forced Tulane University to reopen Newcomb College. The Future of Newcomb College, a group working toward the reopening of Newcomb, has stated the following on their website newcomblives...
Israeli Man Claims He Was Paid $20,000 for His Kidney
Posted on September 02, 2009An Israeli man claims that four years ago he was paid $20,000 in exchange for donating a Kidney in the United States. He claims he answered an ad in a paper looking for a kidney donor, flew to Mount Sinai...
New York Bar Association Provides New Durable POA and Major Gifts Rider Forms
Posted on September 01, 2009Changes modernizing New York's durable power of attorney prompted the New York State Bar Association to draft, and offer at no charge to members, a new power of attorney form updating and replacing the old form. Also provided is a...
Estate Planning Seminars in Las Vegas
Posted on September 01, 2009The University of Denver's Graduate Tax Program is sponsoring a five-day seminar series entitled Estate Planning Seminars in Law Vegas on November 2-6, 2009. The seminars being offered are listed below. Estate and Gift Tax Boot Camp Monday, November 2,...
Pre-Paid Funeral Company President Indicted for Criminal Fraud
Posted on September 01, 2009The pre-paid funeral industry was recently shaken by an indictment alleging that the president and CFO of National Prearranged Services, Inc., a pre-paid funeral service company, committed mail fraud, money laundering, and wire fraud. The indictment alleges that the fraud...
Opportunity to Rid Your Estate of Illiquid Assets
Posted on September 01, 2009According to Larry Light, Auction-Rate Yard Sale, WSJ, Aug. 22, 2009, "[g]etting into auction-rate securities, mortgage-backed bonds and hedge funds was a lot easier for investors than getting out. Such investments became illiquid in the financial crisis, and can be...
Maine adopts Uniform Power of Attorney Act
Posted on August 31, 2009Pursuant to legislation passed by the 124th Maine Legislature, the state has adopted the Uniform Power of Attorney Act. See 2009 Me. Legis. Serv. Ch. 292.
Malpractice Outside of Estate Planning Context
Posted on August 31, 2009Smith v. O?Donnell, 52 Tex. Sup. Ct. J. 52 (Tex. 2009): Executor sued Decedent?s former Attorneys for malpractice in advising Decedent in his capacity as the executor of his wife?s estate. The lower court ruled in favor of Attorneys basing...
Book Offers Advice for Dealing With the Loss of a Loved One
Posted on August 31, 2009Roberta Temes, Ph.D., has published her book entitled Solace: Finding Your Way Through Grief and Learning to Live Again(AMACOM 2009). In the book, Dr. Roberta Temes reframes bereavement, as a normal life crisis and necessary healing process. Drawing on the...
Trustees Don't Think Helmsley Intended Trust Focus to Be Dogs
Posted on August 31, 2009I previously reported on the lawsuit to intervene in the administration of the estate of Leona Helmsley. Additional details are below: Helmsley established a trust worth around $5 billion that was to be distributed for good cause, showing preference for...
Jackson's Death & Questions Regarding Propofol Dosage
Posted on August 30, 2009The Los Angeles County Coroner ruled that Michael Jackson's death was a homicide resulting from a combination of drugs, including propofol and lorazepam. The full autopsy and toxicology reports are on security hold. See Alan Duke, Michael Jackson's death was...
And the Winners Are...
Posted on August 29, 2009The results are in for the Real Property, Trust and Estate Law Section's student writing contest. Congratulations to all of this year's winners! First-place - Shea B. Airey from the University of South Carolina - "Conservation Easements in Private Practice:...
Top SSRN Downloads
Posted on August 29, 2009Here are the top downloads from June 30, 2009 to August 29, 2009 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 283 Ghosts of...
Slayers: Verdict of Not Guilty by Reason of Insanity Does Not Prevent Forfeiture
Posted on August 29, 2009In re Estate of Kissinger, 206 P.3d 665 (Wash. 2009): Charged with first degree murder for the slaying of his mother, step-brother, and his mother?s boyfriend, the defendant in In re Estate of Kissinger was found not guilty by reason...
French Tribunal Will Determine if L'Oreal Heiress was Exploited
Posted on August 28, 2009Liliane Bettencourt, the daughter of L'Oreal founder and the richest woman in Europe, is the center of a criminal expoitation investigation in France. The details are as follows: Bettencourt met Fracois-Marie Banier, a celebrity photograher, over 20 years ago...
Trust Protectors: Trust Agreement May Create the Protector's Duty
Posted on August 28, 2009Robert T. McLean Irrevocable Trust v. Patrick Davis, P.C., 283 S.W.3d 786 (Mo. Ct. App. 2009): A trustee and the mother of a beneficiary brought suit against the predecessor trustees and the trust protector alleging that the trustees improperly managed...
Article Addresses Dilemma of Fiduciary Conflicts
Posted on August 28, 2009Steven L. Schwarcz (professor of law, Duke) has posted on SSRN his article entitled Fiduciary Conflicts. The abstract of the article is below: This article examines the dilemma of a fiduciary acting for parties who, as among themselves, have conflicting...
The Origins and Future of Sony/ATV
Posted on August 28, 2009Michael Jackson's share of Sony/ATV is probably the most notable asset in Jackson's estate. According to Julie Creswell, Turning Music Into Dollars at Sony/ATV, NY Times, Aug. 22, 2009, Sony/ATV Music Publishing is a joint venture created in 1995 between...
CLE on Captive Insurance Companies
Posted on August 27, 2009The ABA section of Real Property, Trust & Estate Law is sponsoring a 90 minute teleconference and live audio webcast CLE entitled "Captive" Insurance Companies and Closely Held Enterprises: Income Tax and Transfer Tax Opportunities and Implicationson Sep...
Portability of the Estate Tax Exemption in the Taxpayer Certainty and Relief Act of 2009
Posted on August 27, 2009The August 2009 Real Property, Trusts & Estate Law eReport contains an article by Timothy J. Vitollo entitled The Taxpayer Certainty and Relief Act of 2009. The introduction of the article is below: For more than twenty years, members of...
Community Property Survivorship Agreements in Texas: Survivorship & Revocation
Posted on August 27, 2009Community Property Survivorship Agreements: Holmes v. Beatty, 52 Tex. Sup. Ct. J. 967 (Tex. 2009), rehearing filed. Statement of Survivorship Feature: Husband and Wife held investment accounts with the designation ?JT TEN.? The spouses signed the agreement but did not...
IRS to Receive UBS Account Info
Posted on August 27, 2009As part of a tougher stance on tax havens and tax evaders, a US-Swiss deal will provide information regarding approximately 4,400 suspect UBS accounts to the IRS. The IRS is offering a six-month amnesty program during which tax evaders may...
Indiana Creates Funeral Planning Directive
Posted on August 26, 2009Indiana has created a procedure for a person to execute a Funeral Planning Declaration. A statutory form is provided, which allows an individual to designate ceremonial arrangements, grave memorials, and a method of body disposition. 2009 Ind. Legis. Serv...
Israelis React to Swedish Article On Israeli Organ Harvesting
Posted on August 26, 2009A Swedish newspaper article calling for an investigation into claims that Israeli soldiers harvested the organs of dead Palestinians in the 1990's has not been well-received by the Israeli community. According to the author of the article, there is no...
Would-be IBM Heiress Waiting for October Hearing
Posted on August 26, 2009I previously reported on the battle between the estate of Thomas Watson, Jr., former IBM CEO, and Patrica Spado, the female companion that Watson's daughter adopted as an adult as a way to solidify their romantic relationship. Below are some...
Wills: The Benefit of Initialing Each Page
Posted on August 26, 2009In re Estate of Romancik, 281 S.W.3d 592 (Tex. App.?El Paso 2008, no pet. h.): Testator signed page three of his will but did not sign the prior pages. The will left his entire estate to Mother. Wife claimed that...
Deadbeat Disinheritance in Georgia and Intestate Adults
Posted on August 25, 2009Theresa Louis Davis (partner, Katten Muchin Rosenman LLP) has published her note entitled Not Just For Kids: Why Georgia's Statutory Disinheritance of Deadbeat Parents Should Extend to Intestate Adults, 43 Ga. L. Rev. 867 (2009). Below is an excerpt from...
Jackson's Death: Propofol and Homicide
Posted on August 25, 2009The Los Angeles coroner's preliminary conclusion is that Michael Jackson died from an overdose of propofol, a sedative given to Jackson by Dr. Conrad Murray to help him sleep. Furthermore, the Associated Press reports that a law enforcement official stated...
Will Contest Statute of Limitations in Texas
Posted on August 25, 2009In Stoll v. Henderson, 285 S.W.3d 99 (Tex. App.?Houston [1st Dist.] 2009, no pet. h.), the testatrix executed a will and codicil. Later, she revoked these documents and executed a will which provided for a significantly different disposition of her...
Hawaii Adopts Uniform Prudent Management of Institutional Funds Act
Posted on August 25, 2009Hawaii has adopted the Uniform Prudent Management of Institutional Funds Act. 2009 Hawaii Laws Act 135. According to the state legislature's website reporting on the house and senate bills, the Act does the following: Enacts uniform prudent management of institutional...
Indigent Burials on the Rise Nationwide
Posted on August 24, 2009USA Today has recently reported on the rising demand in counties for publicly-funded burial services, citing to the economic recession as the cause. To the list of specific counties reporting such increases, the article adds Kenton County, Kentucky, which has...
The Need for an Advanced Medical Directive
Posted on August 24, 2009According to Rachel Emma Sullivan, Make Time to Create an Advance Medical Directive, WSJ, Aug. 20, 2009, An advance medical directive typically has two parts: a health care proxy and a living will. The healthcare proxy, or power of attorney...
Will Interpretation and Construction: Type of Devise
Posted on August 24, 2009Hoke v. O?Bryen, 281 S.W.3d 457 (Tex. App.?San Antonio 2007, no pet.). Interpretation and Construction -- Type of Devise Testator?s will was probated in Illinois but because it dealt with real property in Texas, the Texas court needed to determine...
Welcome Back -- Again
Posted on August 24, 2009Although last Monday was the first day classes at many law schools, that joyful event may have been delayed until today at your law school. Accordingly, I am repeating my "Welcome Back" message. As you are probably aware, this blog...
Florida Amends Statutes Governing Anatomical Gifts
Posted on August 24, 2009Law passed during the 2009 session of the Florida Legislature revises state statutes governing anatomical gifts, including provisions governing who can make an anatomical gift. See 2009 Fla. Sess. Law Serv. Ch. 2009-218.
Jackson's Burial Moved
Posted on August 23, 2009I previously reported that Michael Jackson would be buried on Aug. 29, his 51st birthday. According to CNN, Jackson Burial Moved to September 3, Aug. 21, 2009, "[t]he date of the funeral for pop legend Michael Jackson has been changed...
Ethical Issues When a Family Entity is Created
Posted on August 23, 2009Mary F. Radford (professor of law, Georgia State University) has recently published her article entitled Ethical Issues in Representing Families in Family Limited Partnerships, 35 ACTEC J. 2 (Summer 2009). The editor's synopsis of the article follows: This article discusses...
Delaware Adopts Uniform Principle and Income Act
Posted on August 22, 2009The state of Delaware has adopted the Uniform Principal and Income Act. The Act, which guides a trustee when allocating trust assets between principal and income, became effective law in Delaware on Aug. 1, 2009. Del. Code Ann. tit. 12,...
Top SSRN Downloads
Posted on August 22, 2009Here are the top downloads from June 23, 2009 to August 22, 2009 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 256 Ghosts of...
Prosecution Rests in Astor Trial
Posted on August 22, 2009This week the prosecution fully rested in the trial against John D. Marshall and Francis X. Morrissey. The trial, involving the estate of Brooke Astor, will now move to the defense's presentation. According to John Eligon, Prosecution Finally Rests in...
Delaware Modifies Computation of Estate Tax
Posted on August 21, 2009Delaware has modified the computation of state estate taxes. 2009 Del. Laws Ch. 85. According to the synopsis of the bill provided on the General Assembly's website, This Act reinstates Delaware?s estate tax. Prior to 2002, the Internal Revenue Code....
ERISA: Remedy Provided by Revocation on Divorce Statute not Preempted
Posted on August 21, 2009The Superior Court of Pennsylvania recently held that the remedy provided by revocation on divorce statute is not preempted by ERISA. The decedent and his wife in the case had divorced. The decedent never changed the designation of his ex-wife...
Cremains: Strange Final Resting Places
Posted on August 21, 2009Cremains are usually scattered at some sentimental location or stored in a carefully chosen resting spot; however, sometimes they turn-up in very unusual places. According to Stacia Glen, Ashes of dead turning up in unlikely places, The Sun, Aug. 16,...
Taxation Conference and Estate Planning Workshop in Austin
Posted on August 21, 2009The University of Texas at Austin School of Law is sponsoring its 57th annual Taxation Conference in Austin, December 9-10, 2009. Additionally, Stanley M. Johanson's Estate Planning Workshop will be held on December 11, 2009. The following is the summary...
Revocable Trust not Illusary if Beneficiary Other than the Settlor Exists
Posted on August 20, 2009The Supreme Court of Oklahoma held in a case of first impression that a revocable inter vivos trust is a valid trust even though the settlor is the trustee and the only beneficiary with a vested interest during her life...
Florida Modifies Method of Satisfying the Surviving Spouse's Forced Share
Posted on August 20, 2009Law passed during the 2009 session of the Florida Legislature has modified the method of computing and satisyfing the forced share of a surviving spouse, including the sources from which the forced share is now payable. See 2009 Fla. Sess....
Review of Title, Value, and Concurrent and Future Interest Concepts in Property Law
Posted on August 20, 2009Kenneth Salzberg (associate professor of law, Hamline University) has published his article entitled Life Estates, Ghost Value Transfers, and Phantom Takings: Confusions of Title and Value in Property Law Legislation, 22 Quinnipiac Prob. L.J. 363 (2009)...
New York Law on Whether to Autopsy, Cremate, or Bury
Posted on August 20, 2009The Elliot Schlissel Law Blog contains a summary of New York law on whether a body is autopsied, cremated, or buried. According to the blog, when deciding whether to cremate or bury a body in New York, the laws first...
Jackson to Be Buried on Birthday
Posted on August 19, 2009According to a publicist, Michael Jackson will be buried in Glendale, California, during a private ceremony on August 29th, what would have been his 51st birthday. Meanwhile, court approval of an exhibition agreement between the Jackson estate and the concert...
Length of Astor Estate Trial Causing Impatience
Posted on August 19, 2009The trial of Anthony D. Marshall and Francis X. Morrissey, Jr., has now spanned 17 weeks. The prosecution has presented 72 witnesses and is expected to wrap up its case soon. The defense is expected to call five to ten...
Incorporated Charity Cannot be Beneficiary of POD Account and Cy Pres Cannot be Used to Give the Charity the Property
Posted on August 19, 2009In Tuvim v. United Jewish Communities, Inc., the decedent named an incorporated charitable entity as the POD beneficiary of five certificates of deposit and a trust account. Because the relevant Georgia statutes limit beneficiaries of such POD accounts to ?persons?...
Questioning New York's Exemption of Infants from In Terrorem Clauses
Posted on August 19, 2009Peter G. Billlings (J.D. Candidate 2009, Quinnipiac University) has published his note entitled Infants and in Terrorem Clauses: Rethinking New York Estate Powers and Trusts Law Section 3-3.5, 22 Quinnipiac Prob. L.J. 397 (2009). The introduction from the article is...
Arizona Amends Its Version of the Uniform Principal and Income Act
Posted on August 18, 2009Arizona's 49th Legislature amended its version of the Uniform Principal and Income Act during the first regular session in 2009. The amendment remedies an issue raised by Rev. Ruling 2006-26 so that a deferred compensation, annuity, IRA, or similar plan...
Effects of Donor Standing on Philanthropic Giving
Posted on August 18, 2009Reid K. Weisbord (judicial law clerk) and Peter De Scioli (research associate, Chapman University Economic Science Institute) have posted on SSRN their article entitled The Effects of Donor Standing on Philanthropy: Insights from the Psychology of Gift-Giving, 45 Gonz...
Annual Exclusion: Gift Made by Agent Does Not Qualify Unless Authorized
Posted on August 18, 2009In Barnett v. United States, No. 07-cv-844, 2009 WL 2426246 (W.D. Pa. May 27, 2009), the court determined that gifts made on behalf of the principal by his agent did not qualify for the annual exclusion because the power of...
Italian Tax Authorities Investigate Estate of Former Fiat Chairman
Posted on August 18, 2009The estate of Gianni Agnelli, the former chairman of Fiat, is the center of a family dispute in Italy. Agnelli's daughter, a primary beneficiary of Agnelli's estate, claims that the estate contains undeclared assets held in Swiss accounts, worth as...
Welcome Back!
Posted on August 17, 2009For many of us, today is the first day of Fall Semester. I hope you had an enjoyable and productive summer. As you are probably aware, this blog attempts to serve as a central site to locate and explore comprehensive...
Effect of Ruling Regarding Kerouac's Estate Questioned
Posted on August 17, 2009I previously wrote about the recent developments in the estate of author Jack Kerouac. An article written by Julian Guthrie, entitled Kerouac's unintended legacy? A legal limbo, SF Gate, Aug. 15, 2009, provides a good summary of the lawsuit over...
Heirs of Superman Creator Awarded More Rights
Posted on August 17, 2009A court has awarded the heirs of Jerry Siegel, the co-creator of Superman, rights to additional works after evidence showed that the publications were produced before DC Comics purchased the publication rights of the action hero. Previously, the heirs co-owned...
Albany Law School seeks T&E Professors
Posted on August 17, 2009Albany Law School invites applications for tenure-track positions in the trusts and estates and tax areas, beginning in the fall of 2010. Appointment will be made at the assistant, associate or full professor level, depending on experience. Candidates must demonstrate...
History Between Jackson and Estate Executor
Posted on August 16, 2009An interesting AP article summarizes the over 20-year relationship between Michael Jackson and John Branca, one of Jackson's attorneys and one of the executors of his estate. The article also mentions that the Jackson estate's other executor, John McClain, is...
Top SSRN Downloads
Posted on August 16, 2009Here are the top downloads from June 17, 2009 to August 16, 2009 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 233 Ghosts of...
Australian Court Says Quadriplegic Man Has Right to Starve to Death
Posted on August 15, 2009On Friday, an Australian judge ruled that Christian Rossiter, a quadriplegic man who is not terminally ill, dying, vegetative, of lacking capacity to express his wishes, has the right to die by refusing food and water. According to a CNN...
Gay Rights Groups in California Differ on How to Proceed
Posted on August 15, 2009Courage Campaign, a grass-roots organization in California, announced its plans to move forward next year toward a ballot vote that could overturn the voter-approved Proposition 8. Hours later, Equality California, a leading gay rights group in California, indicated that it...
Right of Publicity as Part of an Estate
Posted on August 14, 2009Paul L. Caron (professor of law, University of Cincinnati) has posted on SSRN his article entitled Estate Planning Implications on the Right of Publicity, 68 Tax Notes 95 (1995). The abstract of the article is below. It is not very...
House Expected to Address Estate-Tax Repeal
Posted on August 14, 2009According to the Wall Street Journal, the House of Representatives is expected to propose a one-year plan that would prevent the scheduled repeal of the estate tax in 2010. Congressional aides have indicated that the House will propose extending 2009...
Jackson Estate: Earnings and Executors
Posted on August 14, 2009Jackson's executors expect his estate to earn $100 million by the end of the year, on top of the $100 million already earned from a film contract and other merchandising deals. Meanwhile, Mrs. Jackson and her legal team have sought,...
CLE Will Guide Lawyers on Disability & Unexpected Event Preparation
Posted on August 13, 2009The ABA Sections of General Practice Solo and Small Firm Division, Commission on Lawyer Assistance Programs, Law Practice Management Section, Senior Lawyers Division, and the ABA Center for Continuing Legal Education are sponsoring a Teleconference and Integrated Visual Webcast CLE...
Retirees and Post-Employment Health Care
Posted on August 13, 2009Richard L. Kaplan (professor of law, University of Illinois), Nicholas J. Powers, and Jordan Zucker have posted on SSRN their article entitled Retirees at Risk: The Precarious Promise of Post-Employment Health Benefits, 9 Yale J. of Health Pol'y L. &...
Fallen Hero Saves Lives Even in Death
Posted on August 13, 2009The heart of a 21-year old Army Ranger who died as a result of injuries sustained while on duty in Afghanistan saved the life of a friend of an extended family member through organ donation. The Army Ranger had indicated...
Animal Welfare Organizations File Suit Over Helmsley Estate Administration
Posted on August 12, 2009The Humane Society, the ASPCA, and Maddie's Fund filed a lawsuit in New York surrogate court, seeking to intervene in the $5 billion estate of Leona Helmsley and charging that Helmsley's express wish to help dogs has been ignored. According...
Author Discusses Article on Probate in the Old South
Posted on August 12, 2009Alfred L. Brophy (professor of law, University of North Carolina) has posted a series of blogs discussing the article he co-authored with Stephen Duane Davis, II, which is entitled The Most Esteemed Act of My Life: Family, Property, Will, and...
Jackson's Estate Capitalizing on Star's Post-Death Popularity
Posted on August 12, 2009According to a Jermaine Jackson, "Michael Jackson's estate should gain 'close to $100 million' through contracts negotiated since the pop star's death," assuming the contracts are approved by a Los Angeles court. Alan Duke, Jermaine Jackson on Michael's kids, estate,...
Self Settled Trusts and LLCs
Posted on August 11, 2009The August 2009 edition of The Estate Analyst is comprised of an article by Robert L. Moshman (attorney and writer) entitled Bootstrapping Backfires for Self-Settled Trusts and Single Member LLCs: Step Transactions Tripped Up. The introduction to the article and...
New York Man Arrested for Black-Market Kidney Scheme
Posted on August 11, 2009A New York man was arrested on Thursday, July 24, 2009, for allegedly operating a black-market kidney buying and selling scheme for the last decade. An FBI sting exposed the operation, which could be "the first documented case of organ...
Jackson's Concert Insurance Depends on Autopsy
Posted on August 11, 2009The insurance policy covering Michael Jackson with regard to his now-canceled concert tour contains provisions excluding cancellations relating to illegally possessing drugs, illicitly taking drugs, concealing information, or acting carelessly to increase the risk of cancellation...
Solutions for Organ Donor Shortages
Posted on August 10, 2009Alexander Tabarrok (Mercatus Center & George Mason University) has written an article entitled Life-Saving Incentives: Consequences, Costs and Solutions to the Organ Shortage, available in the Library of Economics and Liberty, Aug. 3, 2009. The author discusses both financial compensation...
Tolkien Estate's Court Date Draws Near
Posted on August 10, 2009The Tolkien Estate is set to meet New Line Cinema in court on October 19, 2009. The family is seeking a share of the revenues generated by the Lord of the Rings trilogy movies. The suit centers on Tolkien's 1969...
Connecticut enacts pet trust statute
Posted on August 10, 2009Effective October 1, 2009, Connecticut will have a pet trust statute that reads as follows: (a) A testamentary or inter vivos trust may be created to provide for the care of an animal or animals alive during the settlor's or...
Michigan Sees an Increase in Unclaimed Dead
Posted on August 09, 2009I recently wrote about financial hardship causing an increase in unclaimed bodies in Los Angeles County and Clarke County, Nevada. Authorities in Wayne County, Michigan, which includes Detroit, report a rise in the number of families failing to claim a...
Educating Doctors on Testamentary Capacity in Their Work
Posted on August 08, 2009Ryan C.W. Hall, MD, et al, has authored an article entitled Testamentary Capacity: History, Physicians' Role, Requirements, and Why Wills are Challenged, Clinical Geriatrics, June 2009. As the following excerpt makes clear, this article was written as an educational tool...
Whole-Life Insurance on the Rise
Posted on August 08, 2009Whole-life insurance policies have both a savings and a death-benefit component, as opposed to less expensive term-life insurance that offers only a death benefit. More Americans are purchasing these policies because of their modest but steady return rate...
Top SSRN Downloads
Posted on August 08, 2009Here are the top downloads from June 9, 2009 to August 8, 2009 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 194 Ghosts of...
Creditor of Jackson's Family Members Seeks Recovery From Jackson's Estate
Posted on August 08, 2009According to court records, a South Korean newspaper is seeking over $7 million from Michael Jackson's estate for an unpaid judgment that was entered against Jackson'sparents and brother. Jackson was named as a defendant in the original suit filed by...
History of Estate and Gift Taxes
Posted on August 07, 2009Jeffery A. Cooper (associate professor of law, Quinnipiac University) has posted on SSRN his article entitled Ghosts of 1932: The Lost History of Estate and Gift Taxation. The abstract of the article is below. In 1932, the United States confronted...
Myths Regarding the Estate Tax
Posted on August 07, 2009A recent MSN Money article discusses the following, which the author calls estate tax myths: Whether a lot of people are subject to the federal estate tax. Whether the estate tax means that your money is taxed twice; income tax...
Expert Testifies that Astor's Signature Was Forged
Posted on August 07, 2009This week a forensic document examiner testified in the trial of Anthony D. Marshall and Francis X. Morrisey, Jr., concluding that Brooke Astor's signature was forged on a 2004 codicil to her will. The prosecution has accused Mr. Morrisey, an...
Roman Catholic Bank Invested in Arms, Birth Control, and Tobacco
Posted on August 07, 2009Pax Bank, a Roman Catholic Bank in Germany, has advertised ethical investment funds that adhere to Catholic beliefs; however, it was recently revealed that the bank has invested in a British arms company, an American birth control manufacturer, and tobacco...
Protecting Trusts from the IRS
Posted on August 06, 2009Bryan Camp (Professor of Law, Texas Tech) has posted on SSRN his article entitled Protecting Trust Assets from the Federal Tax Lien, 1 Estate Plan. & Community Prop. J. 295 (2009). The abstract of the article is below. One common...
Sale of Duplex Has Royal Implications
Posted on August 06, 2009A recent New York Times article discusses a New York lawsuit surrounding the sale of a multi-million dollar duplex-apartment owned by Lionel Pincus, the husband of Princess Firyal of Jordan. Mr. Pincus was previously declared incompetent. The sons of Mr...
The Law of Philanthropy in the 21st Century -- Program Announced
Posted on August 06, 2009On October 23, 2009, the American College of Trust and Estate Counsel along with the Chicago-Kent Law Review will sponsor an innovative program entitled The Law of Philanthropy in the 21st Century. Follow the link to read about the program...
Organ Transplants in China, Among Other Things
Posted on August 05, 2009Daniel Asa Rose has published his book entitled Larry's Kidney" Being the True Story of How I Found Myself in China With my Black -Sheep Cousin and His Mail Order Bride, Skirting the Law to Get Him a Transplant ......
Inheritance Laws in New York Regarding Reproductive Technology
Posted on August 05, 2009Catherine Belfi (J.D. Candidate 2009, St. John's University) has recently published her note entitled Birth of a New Age: A Comprehensive Review of New York Inheritance Law Responding to Advances in Reproductive Technology, 24 St. John's J. Legal Comment...
Jackson Update
Posted on August 05, 2009On Monday, a judge granted Jackson's mother custody of Jackson's children. Debbie Rowe, the biological mother of Jackson's two oldest children, was granted visitation rights and will continue to receive spousal support. See Ethan Smith and Sabrina Shankman, Care of...
Jackson's Mother and Executors Feuding
Posted on August 04, 2009A lawyer for Katherine Jackson issued a statement indicating that she wants to be an executor of Michael Jackson's estate, claiming that the current executors won't let her see the agreement Jackson signed with AEG. Subsequently, the executors issued a...
Article on Digital Estate Planning
Posted on August 04, 2009James D. Lamm (estate planner, Minneapolis) has recently published his article entitled To My Son, I Leave All My Passwords, Trusts & Estates 22, July 2009. Below is a summary of the article: You've done your job: Your client has...
More on Jack Kerouac's Estate:
Posted on August 03, 2009I previously wrote about the estate of beat generation author Jack Kerouac. Recent articles provide some additional information about the estate. When Kerouac died in 1973, his estate was valued at $300,000, Recently, one of the author's raincoats sold for...
Madoff's Wife is Sued for Benefits Received from Madoff's Ponzi Scheme
Posted on August 03, 2009The bankruptcy trustee in the bankruptcy proceedings resulting from Bernard Madoff's failed investment company has recently filed a lawsuit against Mr. Madoff's wife, Mrs. Ruth Madoff. The lawsuit seeks to recover $44.8 million. The Trustee 's lawsuit is based on...
Wealth Strategies Journal Posts New Articles
Posted on August 03, 2009The following articles have now been posted on the Wealth Strategies Journal and are available for download: From Nascar Condominiums to Private Mausoleaums: Keeping the Vacation Home in the Family - Part 1, by Wendy S. Goffe. Parts 2 and...
Book Discusses How to Protect Your Assets
Posted on August 01, 2009Arnold S. Goldstein(attorney, Boca Raton) and W. Ryan Fowler (financial planner, Salt Lake City have authored a book entitled Asset Protection. . .in Financially unsafe times (Garret Press, Inc. 2009). The book covers a wide variety of topics, including exemption...
Top SSRN Downloads
Posted on August 01, 2009Here are the top downloads from June 2, 2009 to August 1, 2009 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 90 Ghosts of...
Cancer Survivors Can Donate Organs and Blood
Posted on July 31, 2009Cancer survivors may elect to be an organ donor. Upon death, organs will be tested to determine which ones are useable. Additionally, survivors of cancer, other than leukemia and lymphoma, may also donate blood after remaining cancer-free for one year...
Ludicrous Last Wishes
Posted on July 31, 2009Drafting a will for the following individuals would have been an interesting challenge. Mary Kuhery: Left her husband $2 as long as he promised to spend half on a rope for hanging himself. Samual Bratt: Left $30,000 to his wife...
Jackson's Doctor Under Investigation
Posted on July 30, 2009Michael Jackson's autopsy report is expected within the next week. In the meantime, authorities are focusing their investigations on Jackson's doctor regarding fraudulent prescriptions. It is alleged that Jackson received prescriptions under multiple aliases...
Astor Update
Posted on July 30, 2009I previously blogged about the Astor estate here, here, and here. Recent testimony in the trial of Mrs. Astor's son, Anthony Marshall, suggests that Mr. Marshall instructed the woman in charge of paying Mrs. Astor's bills not to give Mrs....
CLE on Medicaid Eligibility in Estate Planning
Posted on July 30, 2009The National Constitution Center is sponsoring an audio conference CLE entitled Medicaid Eligibility Nuts & Bolts: Strategies in Estate Planning on August 4, 2009. Here is a summary of the CLE: Failure to properly secure Medicaid during the estate planning...
Wash. Domestic Partnership Law Stalled
Posted on July 29, 2009A law that would expand the rights of domestic partnerships in Washington state was supposed to take effect this past Sunday but did not because opponents of the law submitted a petition with over 135,000 signatures, hoping to force a...
Will containing "Beat" Author's Estate Challenged 20 Years Later
Posted on July 29, 2009The Sixth Circuit recently ruled that the will of the mother of Jack Kerouac, a Beat generation author, is fake, relying on the mother's lack of mental capacity to write a will and the fact that her signature appears to...
Details on Farrah's Will
Posted on July 29, 2009Farrah Fawcett's will leaves her million-dollar estate to her son who is currently in prison for drug offenses. The will instructs her executor to establish a trust with two trustees to make sure that the money is used to help...
Maine Supreme Court Rules Lesbian Partner Adoption Valid
Posted on July 28, 2009Maine's Supreme Court recently held that a woman's adoption of her lesbian partner is valid and thus, the adopted woman is family for inheritance purposes. Adoption of Patricia S., 2009 ME 76 (Maine July 23, 2009). The adoptee, Patricia Spado,...
Hidcote Manor Garden Has a Colorful History
Posted on July 28, 2009The famous Hidcote Gardens in England were created and owned by an American man named Lawrence Johnston. At an elderly age and with a failing mind, he transferred the gardens to the country's National Trust. The National Trust?s unofficial secretary,...
Another County Reports an Increase in Unclaimed Dead
Posted on July 28, 2009I recently blogged about the increased annual rate of unclaimed dead in Los Angeles County here. Clarke County, Nevada, has reported a similar increase, citing a 22% jump in the number of residents unable to pay for their own burial....
State Constitutions: An Argument Against the Abolition of Perpetuities Law
Posted on July 28, 2009John V. Orth (professor of law, University of North Carolina) has recently published his article entitled Allowing Perpetuities in North Carolina, 31 Campbell L. Rev. 399 (2009). The first two paragraphs of the article are below: As one state after...
South Africa Rules on Intestacy Rights in Polygamous Marriages
Posted on July 27, 2009On July 15, 2009, the Constitutional Court of South Africa issued a landmark decision in the case Hassam v. Jacobs. As summarized by the New York Times, the South African court held that "when a husband dies without a will...
CLE on Special Needs Trusts
Posted on July 27, 2009The ABA Section of Real Property, Trust & Estate Law is sponsoring a teleconference and live audio webcast CLE entitled Top Ten Tips Every Estate Planner Needs to Know About Special Needs Trusts on August 4, 2009. The following is...
An Argument for Unconscionability as a Defense in Trust Law
Posted on July 27, 2009David Horton (lecturer in residence, UC Berkeley) has recently published his article entitled Unconscionability in the Law of Trusts, 84 Notre Dame L. Rev. 1675 (2009). The abstract of the article is below: This Article claims that trust law should...
Norwegian Rapper Claims Jackson as Father
Posted on July 27, 2009Omar Bhatti, a Norwegian rapper, is seeking a DNA test to prove that he is Michael Jackson's secret child. Mr. Bhatti first met Jackson in 1996 at the age of 12 and soon after, Mr. Bhatti's mother became a nanny...
Preserving the Integrity of Land Trusts
Posted on July 25, 2009Erin B. Gisler (J.D. candidate, Santa Clara University School of Law, 2009) has recently published her comment entitled Land Trusts in the Twenty-First Century: How Tax Abuse and Corporate Governance Threaten the Integrity of Charitable Land Preservation, 49 Santa Clara...
Star Trek Creator Travels to Space After Death
Posted on July 25, 2009Eugene Wesley Roddenberry, the creator of Star Trek, was cremated after his death in 1991. Some of his remains were taken on the Space Shuttle Columbia, some were launched into orbit via a rocket, and some will be launched into...
Top SSRN Downloads
Posted on July 25, 2009Here are the top downloads from May 26, 2009 to July 25, 2009 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 99 Review of...
Wills and Trusts in the Antebellum South
Posted on July 24, 2009Stephen Duane Davis, II and Alfred L. Brophy (professor of law, University of North Carolina) have recently posted on SSRN their paper entitled The Most Esteemed Act of My Life: Family, Property, Will, and Trust in the Antebellum South. The...
More Unclaimed Dead
Posted on July 24, 2009A recent LA Times article discusses the increased cremation rates by the LA county coroner and morgue, stating that "[t]he poor economy is taking a toll even on the dead, with an increasing number of bodies in Los Angeles County...
Jackson's Mother Not Contesting Jackson's Will - Yet
Posted on July 24, 2009Lawyers for Michael Jackson's mother have denied that she is or will be contesting Jackson's will. One lawyer offered the following comment regarding recent legal action taken on her behalf, which I previously blogged about: In order to preserve her....
Home Funerals On the Rise
Posted on July 24, 2009Home funerals are increasingly popular with those who desire an informal, intimate, and organic end-of-life memorial. Here are some things to consider when planning a home funeral: Laws in Connecticut, Indiana, Louisiana, Michigan, Nebraska and New York require a funeral...
Unique Headstones
Posted on July 23, 2009To those who are tired of the traditional marble headstone blandly reciting the name and lifespan of the those interred, consider the following more creative options for your estate plan. For the slightly disgruntled: For the athlete: For the proud...
Digital Estate Planning Avoids Hassle for Loved Ones
Posted on July 23, 2009I have previously written on digital estate planning here and here. A recent article on this issue points out that without knowing the usernames and passwords of a deceased or incapacitated person's online accounts, loved ones must get court authority...
Man Commits Suicide Over I-Phone
Posted on July 23, 2009An employee of Foxconn International, an Apple product manufacturer, jumped from a 12 story building to his death after one of 16prototype I-phones disappeared under his watch at the Taiwanese company's Shenzhen factory. His death came three days after the...
Article Proposes A Framework for Determining Parentage
Posted on July 23, 2009Lee-ford Tritt (associate professor of law, Florida State University) has recently published his article entitled Sperms and Estates: An Unadulterated Functionally Based Approach to Parent-Child Property Succession, 62 SMU L. Rev. 367 (2009). The following is an excerpt from the...
Reforming Estates and Future Interests Law
Posted on July 22, 2009D. Benjamin Barros (associate professor of law, Widener University) has recently published his article entitled Toward a Model Law of Estates and Future Interests, 66 Wash. & Lee L. Rev. 3 (2009). The following is an excerpt from the introduction...
Fulfilling Trustee's Investment Duties
Posted on July 22, 2009Christopher P. Kline (wealth management director) has recently published his book entitled The Law of Trustee Investments (ABA 2009). The following is a summary of the book: This book takes a very practical approach to the question that should be...
Oldest Man Dies at 113
Posted on July 22, 2009Henry Allingham, the oldest living British veteran of World War I and Guinness-certified as the world's oldest man, recently died at the age of 113. Allingham also served in World War II. Allingham outlived his wife and both of his...
Jackson's Estate Receives Inquiries for Stake in Sony/ATV
Posted on July 22, 2009Several financial firms have inquired about purchasing the Jackson estate's 50% share of Sony/ATV Music Publishing. John Branca and John McClain, the named executors of the estate who are awaiting court confirmation of their appointments, have said that the estate's...
McNair Died Intestate
Posted on July 21, 2009Slain NFL quarterback Steve McNair left a sizeable estate but no will. A Tennessee probate court has granted his widow's request to administer the estate. McNair was survived by his wife and their two sons, and two sons from previous...
Jackson's Mother Seeks Determination of No Contest Clause
Posted on July 21, 2009Lawyers for Michael Jackson's mother have reportedly filed legal documents asking for a court determination of whether the no contest clause in Jackson's will would apply to Jackson's mother if she fights the appointment of the executors named in the...
Botched Will Lawsuit Requires Privity
Posted on July 21, 2009The ability to sue the attorney who drafted a botched will depends on the state's privity of contract requirements. According to Joshua Tate, (assistant professor of law, SMU) there are three general approaches to privity in the United States: (1)...
First North Korean Lawsuit in South Korea Involves Inheritance
Posted on July 21, 2009Four North Korean siblings filed suit against the second wife of their father and his family in South Korea for their inheritance from their father's estate. The estate is valued at about $8 million. The lawsuit was filed by the...
Unique Wills & Last Wishes.
Posted on July 20, 2009The man who invented the Pringles can was cremated and buried in one of the cans, which was in accordance with his wishes. A fan of Charles Bronson left her $300,000 estate to the actor, which Bronson reportedly donated to...
Surge in Online Wills Possible
Posted on July 20, 2009One online will-preparation company expects a surge in business as a result of predicted legal battles in Michael Jackson's estate. The predicted surge in sales is based on increased sales after Anna Nicole Smith's death and ensuing estate battles. For...
Irrevocable Trust Counts for Medicaid in Massachusetts
Posted on July 20, 2009Elder Law Answers has posted a new article entitled Irrevocable Trust Forbidding Distribution of Corpus is Still Countable by Medicaid, June 28, 2009. The article discusses Doherty v. Director of the Office of Medicaid, No. 08-P-939 (Mass. App. Ct., Essex,...
Pet Trusts & the Charitable Remainder Exception
Posted on July 20, 2009Jonathan Wilkerson (J.D. candidate 2009, Texas Tech) has recently published his article entitled A "Purr"fect Amendment: Why Congress Should Amend the Internal Revenue Code to Apply the Charitable Remainder Exception to Pet Trusts, 41 Tex. Tech. L. Rev...
Succession Agreements in Spain
Posted on July 19, 2009Susanna Navas has recently posted on SSRN her article entitled Particular Succession Agreements in the Catalan Civil Code, 2 InDret. (2009). The abstract of the article is below: Law 10/2008, of July 10, of the fourth Book of the Civil...
Simplifying Retirement Benefits in the Estate Plan
Posted on July 19, 2009Edward V. Atnally, (attorney, White Plains, New York) has recently published his article entitled Estate Planning and Retirement Benefits: An Approach Toward Simplification, Part I, Prob. & Prop., July.Aug. 2009, at 23. The following is the introduction to the article:...
Blog ranked #21 among blogs edited by law professors
Posted on July 19, 2009The Wills, Trusts, & Estates Prof Blog ranked #21 in number of visitors among blogs edited by law professors with publicly available SiteMeters for the most recent 12-month period (July 1, 2008 - June 30, 2009). To all my readers,...
Top SSRN Downloads
Posted on July 19, 2009Here are the top downloads from May 20, 2009 to July 19, 2009 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 325 How the...
Articles Focus on Creative Solutions In Elder Law
Posted on July 18, 2009The Elder Law and Consumer Protection Clinic at Penn State Law has published a new edition of Adventures in Law and Aging, Summer 2009, and it contains the following articles: Katherine C. Pearson (Director of Elder Law and Consumer Protection...
Ashes Used to Print Comic Books
Posted on July 18, 2009When Marc Gruenwal, executive director of Marvel Comics, died in 1996, he was cremated and his ashes were mixed with inks used to print 4,000 copies of the mini-series Squadron Supreme, Gruenwald's proudest achievement. See TruTV, Weirdest Wills.
Covenants Provide Beneficial End-of-Life Surroundings
Posted on July 17, 2009A recent NY Times article spotlights the Mother House of the Sisters of St. Joseph covenant. A Mother House is a retirement and nursing community for Roman Catholic sisters. A geriatrician who provides primary care to many of the sisters...
Texas Law Affects Trustees After Trust Founder Dies
Posted on July 17, 2009Texas's enrolled version of S.B. 666 will prevent some trustees from moving a trust from Texas without a notification to the state AG and a court determination that removal will not interfere with the founder's wishes. The law applies to...
Cremains Supposed to be Buried Next to Pet Found in Filing Cabinet
Posted on July 17, 2009The new owners of a Tuscon pet cemetery discovered human cremains in a filing cabinet, alerting them to fraud and misconduct committed by the cemetery's prior owner. The cremains belonged to individuals who paid to be buried next to their...
Will Leaves Home to Enemies and the Fertile
Posted on July 16, 2009Charles Vance Miller, a Canadian Lawyer, played his ultimate prank upon his death. His will left his Jamaican vacation home jointly to three men who hated each other for a period of ten years. After that, it was to pass...
More On Nina Wang and her Feng Shui Master
Posted on July 16, 2009Here is more detailed information about Nina Wang, whom I briefly blogged about yesterday: When she died of cancer in 2007, she was a widow without children and an estimated $3.9 billion. Her husband was declared dead in 1999 after...
'Amending & Terminating Perpetual Conservation Easements'
Posted on July 16, 2009Nancy McLaughlin (professor of law, University of Utah) & Benjamin Machlis (J.D. Candidate, University of Utah) have recently published their article entitled Amending and Terminating Perpetual Conservation Easements, Prob. & Prop., July/Aug. 2009, at 53...
Charitable Giving Declines With the Economy
Posted on July 16, 2009A study by the Giving USA Foundation concludes that charitable giving in America fell by 5.7% last year. While this is much less than the 40% drop in endowments and the stock market, the decline has been especially hard on...
Feng Shui Consultant Inherits Billions
Posted on July 15, 2009Asia's richest woman, Nina Wang, was worth $4.2 billion when she died in 2007. She left everything to her personal feng shui consultant. A prior will left everything to charity. See TruTV, Weirdest Wills.
Mother of Jackson's Children Speaks Out
Posted on July 15, 2009The attorney for Deborah Rowe, Michael Jackson's ex-wife and the mother of two of his children, sent a letter to the New York Post demanding a retraction of an article stating that Rowe agreed to give up parental rights to...
Conductor and Wife Commit Suicide Together
Posted on July 15, 2009Sir Edward Downes, Principal Conductor at the BBC Philharmonic from 1980 to 1991, and his wife, Joan, committed suicide hand-in-hand on Tuesday, July 14. The details are as follows: Joan, 74, was diagnosed with cancer and given weeks to live....
Wealth Strategies Journal Posts New Articles
Posted on July 15, 2009The following articles have now been posted on the Wealth Strategies Journal and are available for download: Drafting a Flexible Life Insurance Trust, by Julius H. Giamarco, Esq. The Practical Planner: Brooke Astor Estate: Questions and Lessons, by Martin M...
McCartney Comments on Jackson's Will
Posted on July 14, 2009Michael Jackson did not leave the rights to his Beattles back-catalogue to Paul McCartney. Despite rumors otherwise, McCartney is not surprised or dissapointed. McCartney never thought Jackson would leave him these rights. See Sean Michaels, Paul McCartney 'not devastated' Over...
Christie's Handles Majority of Estate Business
Posted on July 14, 2009Christie's, the fine-art auction company, has nurtured relationships with the trusts and estates departments of major law firms. A Christie's executive summarized the result as follows: We have been getting the lion?s share of the estate business for close to...
Special Needs Children & Estate Planning
Posted on July 14, 2009Sebastion V. Grassi, Jr., (attorney, Grassi & Toering, PLC) has recently published an informative article entitled Estate Planning for a Family with a Special Needs Child, Prob. & Prop., July/Aug. 2009, at 15. The article provides a general overview of...
Houdini's Will Called for Seances
Posted on July 14, 2009Harry Houdini's will instructed his wife to conduct a seance each year so that he could contact her if it was possible. He left his wife a secret set of random words that she could use to identify him during...
Elvis as a Model for Jackson
Posted on July 14, 2009Robert L. Moshman has written an article discussing, among other things, the King of Pop in light of the King of Rock. Although Elvis died over 30 years ago, Elvis' estate has successfully merchandised his image, sold his music, and...
Rules for Tax Return Preparers
Posted on July 13, 2009Brian C. Bernhardt (partner, McGuireWoods LLP) has recently published his article entitled Tax Return Preparer Penalties: The New Rules of Code Sec. 6694, Part I, Prob. & Prop., July/Aug. 2009, at 63. Below is the introduction to the article: Until...
Man Previously Worth Millions Claims Debt After Wife Files for Divorce
Posted on July 13, 2009Scott Young, a successful British business man, claims he went from an estimated worth of £400 million in 2006 to a negative worth of £27 million today. His estranged wife, soon to be ex-wife, is now seeking maintenance, up to...
Jackson's Estate Tax
Posted on July 13, 2009One source estimates that Michael Jackson's estate could be liable for $80 million in estate taxes. The estate tax is usually due 9 months after the individual dies, however, payment plans are available as are interest-bearing extensions. The exact amount...
New York Court Addresses Estate Planning Malpractice
Posted on July 13, 2009The Supreme Court of New York, New York County, recently dismissed a widow's claim alleging estate planning malpractice. Decedent bequeathed half of his estate to his wife, Plaintiff. Plaintiff sued, arguing that Defedants committed malpractice by failing to remind decedent...
Loans by trust to insurance trust violated prohibition on retention of unproductive property
Posted on July 12, 2009An income beneficiary objected to the trustees? accounting which showed that the trust had made loans to a second trust to pay premiums on a life insurance policy on the income beneficiary. The court granted summary judgment for the income...
Top SSRN Downloads
Posted on July 12, 2009Here are the top downloads from May 12, 2009 to July 11, 2009 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 302 How the...
The History of U.S. Inheritance Laws
Posted on July 11, 2009Adam J. Hirsch wrote an interesting article on the evolution of inheritance laws in the United States. The article is divided by time period. The colonial period: Authority over inheritance of personal and real property was handled by one court...
Romance After Death
Posted on July 11, 2009Jack Benny, hollywood comedian, died of pancreatic cancer in 1947. Benny left money for a local florist to deliver one long stem rose to his wife of 47 years every day after his death. Benny's wife lived for nine years...
Ninth Circuit Decision: Posthumous Children and Social Security Benefits
Posted on July 10, 2009On May 6, 2009, the Ninth Circuit Court of Appeals held that a child conceived with a man's sperm three years after his death is not eligible for Social Security survivorship benefitsunder California Law. The sperm was retrieved from the...
Book Examines Revenue Ruling 59-60
Posted on July 10, 2009Mercer Capital has published a new book entitled Revenue Ruling 59-60 at 50: Rediscover Fair Market Value, Mercer Capital (2009). Here is an excerpt from the preface of the book: Tagging a text with the label ?classic? should not be...
Michael Jackson's Funeral as an Estate Tax Deduction?
Posted on July 10, 2009The media coverage of Michael Jackson's extravagant public memorial left some asking whether the expense of it all is deductible for estate tax purposes. Under applicable regulations, only the portion of funeral expenses paid for with estate property subject to...
Massachusetts AG challenges Defense of Marriage Act
Posted on July 10, 2009On July 8, Massachusetts AG Martha Coakly filed a federal lawsuit claiming the federal Defense of Marriage Act is unconstitutional. The details are below. The Defense of Marriage Act defines marriage as the union of one man and one woman....
Will Calls for Womanless Library
Posted on July 09, 2009When Iowa attorney T.M. Zinkdied, his will directed that $35,000 be placed in a trust fund. After 75 years, Zink directed that the money be used to build the Zink Womanless Library, which would contain no books written by women...
Man Claims to be Son of JFK and Marilyn Monroe
Posted on July 09, 2009A U.S. District Court in New York recently granted a motion to dismiss a case filed by a man claiming to be the son of John F. Kennedy and Marilyn Monroe. The facts of the case are as follows: The...
Hospice Care for Fido
Posted on July 09, 2009Hospice care for pets with terminal illnesses, similar to hospice care provided for humans, is an emerging trend across the United States, and it provides an alternative to the traditional method of relief, euthanasia. Pet hospice provides comfort to both...
Jackson's Trust Contains 'No Contest' Clause
Posted on July 09, 2009A recent New York Times article says this about Michael Jackson's estate: The trust contains a ?no contest? clause, which typically means that if a beneficiary unsuccessfully challenges the will?s validity, that person no longer can receive any benefit from...
Who Bears Estate Tax on Gift Tax?
Posted on July 08, 2009Bridget J. Crawford (professor of law, Pace University) and Jonathan G. Blattmachr (attorney, Milbank, Tweed, Hadley & McCloy LLP) have posted on SSRN their article entitled Estate Tax on Gift Tax: The Liability Conundrum, Tax Notes, June 28, 2009. The...
Pension Fund to Benefit from Jackson's Death
Posted on July 08, 2009There's good news for Dutch pension fund ABP, which owns the rights to some of Michael Jackson's songs. According to the Telegraph, "Jackson's solo album sales in the United States jumped from 10,000 copies in the week before his death...
CLE: 'Estate Planning for the Family Business Owner'
Posted on July 08, 2009The ABA Section of Taxation and the ABA Section of Real Property, Trust & Estate Law are co-sponsoring a live course andcorresponding live video webcast CLE entitled Estate Planning for the Family Business Owner on July 22-24 in Santa Fe,...
Lincoln, Nebraska Benefits from Federal Trust Law
Posted on July 08, 2009When Robert Crawford died in 1970 the residual of his estate, about $100,000, went into the Robert P. Crawford Trust, where it was to remain for 99 years. Crawford directed that after 99 years, the money be used to build...
Jackson's Legal Legacy
Posted on July 07, 2009CNN published an interesting article recounting Michael Jackson's lifetime of legal woes. The article calls Jackson "a one-man cottage industry for the legal profession" because of child molestation investigations, divorces, dozens of personal lawsuits, threatened foreclosure on Neverland Ranch and...
Astor Update: Trial Slowly Moving Along
Posted on July 07, 2009The following excerpts from a New York Times article provide an update on the trial against Anthony Marshall, Brooke Astor's son: Brooke Astor?s federal gift tax return was under reported by about $1.7 million in 2003, according to testimony on...
Actor Karl Malden Dead
Posted on July 07, 2009Actor Karl Malden, who won an oscar for his performance in for A Street Car Named Desire, appeared in TV's The Streets of San Fransisco, and pitched the line "don't leave home without it" for American Express, died at the...
Family Limited Partnership Case Analyzed
Posted on July 07, 2009Prof. Wendy Gerzog (Professor of Law, University of Baltimore School of Law) has recently posted on SSRN her article entitled Jorgensen: A Familiar FLP Story, Tax Notes, 2009. Here is the abstract of the article: Jorgensen provides a common FLP...
OxiClean Spokesman Dies
Posted on July 06, 2009Billy Mays, the shouting TV pitch-man for OxiClean and other products, died in his sleep on June 28, 2009. An autopsy revealed that heart disease was the likely cause of death and not a bump to the head that occurred...
Book Provides Useful Guide for Dealing With the Inevitable
Posted on July 06, 2009Jane Brody (columnist, NY Times) has published her book entitled Jane Brody's Guide to the Great Beyond: A Practical Guide to Help You and Your Loved Ones Prepare Medically, Legally, and Emotionally for the End of Life, Random House (2009)....
'Present but not Voting'
Posted on July 06, 2009Jeremy Bentham, an English philosopher and legal social reformer, died in 1832. His will directed that his body be embalmed, clothed, and placed in his chair as if he was thinking. The preserved remains can still be viewed in a...
A Different Perspective on Jackson's Estate
Posted on July 06, 2009While many articles covering the death of Michael Jackson ponder the amount of debt he left behind, one article points out that increased purchases of all-things-Michael combined with a loss of Jackson's exorbitant spending could be beneficial for the estate...
Selecting the best grant-making charitable entity
Posted on July 05, 2009Stephanie B. Casteel (partner, King & Spalding LLP) has recently published her article entitled Philanthropy and Choice of Grant-Making Entity in a Changing World, Prob. & Prop., March/April 2009, at 52. Here is the introduction of her article: The Pension...
Top SSRN Downloads
Posted on July 05, 2009Here are the top downloads from May 6, 2009 to July 5, 2009 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 302 How the...
New York STOLI Litigation
Posted on July 04, 2009When an investor convinces someone to purchase an insurance policy on their life and then purchases the policy from the insured, gambling on the length of the insured's life, this is called a stranger originated life insurance policy (STOLI). Justice...
Damages for failure to sell real property not properly measured by appraised value
Posted on July 03, 2009A coal mine was the sole principal asset of a testamentary trust created in 1921. The testator directed the co-trustees to hold the mine absent ?very radical change? from current conditions. The revenue from the mine began to decline greatly...
Intestate Succession under the Catalan Code
Posted on July 03, 2009Maurici Perez Simeon has recently posted on SSRN his article entitled Legal Rights v. Will When Testator's Beneficiary Predeceases the Testator, InDret, Volume 3, 2008. Here is the abstract of his article: Section 144.2 of the Catalan Code of Succession...
Michael Jackson -- Update
Posted on July 03, 2009The following information is based on Michael Jackson's will; Jackson service set for Tuesday, BBC News, July 3, 2009; Andrew Edgecliffe-Johnson, Jackson sales surge outstrips Presley, Fin. Times, June 30, 2009; Christopher Beam, Grave Concerns: Is it legal to bury...
Farms and the Federal Estate Tax
Posted on July 03, 2009Don Hurst (USDA, Economic Research Service) has recently posted on SSRN his article entitled Federal Tax Policies and Farm Households, Economic Information Bulletin 54. Here is the abstract of his article: Significant changes in Federal individual income and estate tax...
Are express and constructive trusts closer kin than usually thought?
Posted on July 02, 2009Lionel Smith (Director, Quebec Research Centre of Private and Comparative Law) has posted his article on SSRN entitled Philosophical Foundations of Proprietary Remedies, PHILOSOPHICAL FOUNDATIONS OF THE LAW OF UNJUST ENRICHMENT, R. Chambers, C. Mitchell, J...
Enjoying Art as Collateral
Posted on July 02, 2009Art Capital Group specializes in lending to art owners in need of cash. The art owners put of their painting as collateral, which Art Capital will sell for a commission and repayment of the original loan in the event of...
Trust laws in England and Wales -- are they gender biased?
Posted on July 02, 2009Simone Wong (Senior Lecturer, Kent Law School) has posted her article on SSRN entitled The Iniquity of Equity: A Home-Sharer's Tale, Singapore J. of Leg. Studies 326 (Dec. 2008). Here is a summary of the article: The article is concerned...
Treasure Hunter Loses Bid to Find His Treasure
Posted on July 02, 2009Nathan Smith, a musician, was inspired by the movie National Treasure and began hunting for his own booty. Using Google Earth, he thought he found the site of a sunken ship bearing $3 billion worth of Southwest of Houston, and...
Article argues for Repeal of Estate Tax on Gifts Made with Strings Attached
Posted on July 02, 2009Richard L. Dees (partner, McDermott, Will & Emery) has recently posted on SSRN his article entitled Time Traveling to Strangle Strangi (and Kill the Monster Again): Part 2. Here is the abstract of his article: In Part 2 of this...
Michael Jackson's Will -- Update
Posted on July 01, 2009Earlier on this blog, I discussed Michael Jackson's alleged will. Here is an update based on Source says Jackson will gives mom custody, MSNBC.com, July 1, 2009: Michael Jackson's mother (Katherine Jackson) is named as the guardian of his three...
Book Review: Estate Taxation
Posted on July 01, 2009Ronald H. Jensen (Professor of Law, Pace University) has recently posted on SSRN a Review of Federal Income Taxation of Estates and Beneficiaries, 20 Buff. L. Rev. (forthcoming). Here is the abstract of the review: Review of Federal Income Taxation...
Michael Jackson's Will Released -- Read it for yourself!
Posted on July 01, 2009Follow this link to see a copy of Michael Jackson's will.
AALS Section on Trusts and Estates Call For Papers for 2010 AALS Annual Meeting
Posted on July 01, 2009Trusts and Estates law was for centuries a fairly stable, if dusty, body of doctrine. Over the past few decades, however, striking changes in the economic, legal and social landscape have prompted an explosion of new doctrinal developments. Major trends...
Exchange of life insurance policies not imprudent
Posted on July 01, 2009The Indiana intermediate appellate court upheld as prudent a trustee?s decision to exchange variable universal life (VUL) insurance policies on the life of the settlor for a standard whole life policy with a death benefit less than one-third that of....
Terms of Michael Jackson's Alleged Will Revealed
Posted on June 30, 2009Here is some of the most currently reported information about Michael Jackson's alleged will: Prepared in 2002. Drafted by John Branca (an entertainment lawyer who Michael hired from 1980 to 2006 and rehired again earlier this month). Primary beneficiaries are...
Charitable Giving Techniques CLE
Posted on June 30, 2009The ABA Section of Taxation and the ABA Section of Real Property, Trust & Estate Law are co-sponsoring a live course andcorresponding live video webcast CLE entitled Charitable Giving Techniques on July 9-10 in Seattle, WA. A description of the...
Michael Jackson -- Will or No Will?
Posted on June 30, 2009The debate rages whether Michael Jackson died intestate or testate. In Michael Jackson's Estate in Court, myjoyonline.com, June 29, 2009, it is reported that Michael's parents, Joe and Katherine Jackson, claim in their probate filing that Michael died intestate...
Fiduciary Duties in Canada
Posted on June 30, 2009Robert Flannigan (Professor, University of Saskatchewan College of Law) has recently posted on SSRN his article entitled Fiduciary Accountability Transferred, 35 Advocs. Quarterly 334 (2009). Here is the abstract of his article: The Supreme Court of Canada has toyed with...
Implied requirement of good faith allows beneficiaries to recover
Posted on June 29, 2009A prenuptial agreement provided that if the husband died first, wife would maintain a valid will giving not less than one-quarter of her entire estate to each of her husband?s three sons. The husband?s will left a substantial portion of...
Top SSRN Downloads
Posted on June 29, 2009Here are the top downloads from April 29, 2009 to June 28, 2009 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 285 How the...
Dead But Still on the Payroll
Posted on June 29, 2009Deceased city employees in Cincinatti may continue to receive retirement checks well after their death. A recent Cincinatti.com article reports that poor managment of the system has resulted in investigations in at least 18 cases of payments to dead people,...
Hard Times are Hard on Everyone, Even the Super-Rich
Posted on June 29, 2009The newest World Wealth Report, which is produced by Merrill Lynch and Capgemini, shows that the current financial crunch has impacted the wealthy as well as those living paycheck to paycheck. The number of "ultra high net worth individuals," those...
The right of publicity and Michael Jackson's Estate
Posted on June 28, 2009The following discussion is reproduced with permission from Bridget Crawford, Estate Tax Disaster Looms for Michael Jackson?s Estate, Feminist Law Professors, June 27, 2009: The right of publicity is descendible in California. This means that a person may transfer by...
Article Examines Succession Without Administration
Posted on June 28, 2009Karen J. Sneddon (Assistant Professor, Mercer University School of Law) has recently published her article entitled Beyond the Personal Representative: The Potential of Succession Without Administration, 50 S.Tex. L. Rev. 449 (2009). Below is the abstract from the article: The...
Jackson's Estate: Major Debt and A Major Asset
Posted on June 27, 2009At this point, little is known about Michael Jackson's estate plan or will, but this is what is known: Heirs include three children, well-known siblings, and his parents. Jackson was plagued with large debts and multiple lawsuits seeking to recover...
Estate of Third Wife of Drew Peterson Reopened
Posted on June 27, 2009An Illinois Appellate Court recently upheld reopening the estate of a deceased ex-spouse of Drew Peterson. At the time of Kathleen Savio's supposedly accidental drowning death in 2004, the final order in her divorce from Drew Peterson was pending. A....
Jackson's 'This Is It' Tour
Posted on June 27, 2009Michael Jackson was slated to perform a 50-run show entitled This Is It in London beginning July 13th. Now AEG, the concert promoter, will have to figure out how to refund more than $85 million in ticket sales and recover...
The Ramifications of Post-Mortem Sperm Retrieval
Posted on June 26, 2009Mary F. Radford (Professor of Law, Georgia State University College of Law) has recently posted on SSRN her article entitled Post-Mortem Sperm Retrieval and the Social Security Administration: How Modern Reproductive Technology Makes Strange Bedfellows...
Oral contract barred by statute
Posted on June 26, 2009Alaska Statute 13.12.514 (identical to UPC § 2-514) requires that all contracts to make a will or devise be in writing. In its opinion in Cragle v. Gray, 206 P.3d 446 (Alaska 2009), the Alaska Supreme Court held that an...
Unclaimed Ashes Despite Next-of-Kin
Posted on June 26, 2009I recently wrote about the change in traditional funeral and burial practices, due in part to the high cost of traditional practices. For some, however, any burial or funeral costs too much. As a result, one funeral home is storing...
Financial Adviser 101
Posted on June 26, 2009Here are some things to consider to protect yourself when picking a financial advisor: The advisor's background: start with http://www.finra.org, http://www.adviserinfo.sec.gov/, www.cfp.net, and www.fpanet.org. References from other clients: remember to rely more on references with similar investing goals...
Class Gifts in the the New Restatement of Property
Posted on June 25, 2009Frederic S. Schwartz (Professor of Law, Oklahoma City University School of Law) has recently published The New Restatement of Property and Class Gifts: Losing Sight of the Testator's Intention, 22 Quinnipiac Prob. L.J. 221(2009). The following are excerpts from the...
Tainted Organ Transplants Lead to Litigation
Posted on June 25, 2009More than 300,000 organ transplants have occurred in America since 1994, with fewer than 30 of these cases involving transmission of a disease not identified prior to transplant. But in those few cases, there have been devastating results: In 2002,...
Basics of Trust Administration CLE
Posted on June 25, 2009Planning For Estates is sponsoring a CLE a teleconference on July 16, 2009, entitled Basics of Trust Administration. Here is a description of the program: This teleconference will provide an overview of basic principles of trust administration under U...
Robert H. Sitkoff Appointed as John L. Gray Professor of Law at Harvard
Posted on June 25, 2009Congratulations to Robert H. Sitkoff, who was recently appointed as the new John L. Gray Professor of Law at Harvard Law School. He is the youngest tenured faculty member to receive a chair in the school's history. At an event...
Burial Lots: Buy One, Get One Free!
Posted on June 24, 2009For those who have not picked out their final resting place, Memorial Park Cemetery in Indianapolis has a deal for you - buy one lot, get one free, with no credit check required. The cemetery said that business is fine,...
Converting to an LLC
Posted on June 24, 2009The ABA section of Real Property, Trust and Estate Law is sponsoring a teleconference and live audio webcast on July 7, 2009 entitled Conversion of Business Entities into Limited Liability Companies. Here is a description of the program: The limited....
Update: Jobs Returns to Work
Posted on June 24, 2009I recently wrote about Steve Jobs' absence from work due to a liver transplant. Apple employees are reporting that Jobs has returned to work as the company's CEO; however, an official statement from Apple's PR department has not been issued....
Chicago Title backs off of from helping Texas recover Medicaid payments from deceased recipients
Posted on June 24, 2009Chicago Title issued a Bulletin on March 5, 2009 which directed agents and operations to, in some cases, forward monies from the sales proceeds of homesteads to the Medicaid Estate Recovery Program (MERP) in satisfaction of claims without going through...
Assisted Reproduction: Case Law, Statutes, and Future Suggestions
Posted on June 23, 2009Raymond C. O'Brien (Professor of Law, Columbus School of Law) has recently published his article entitled The Momentum of Posthumous Conception: A Model Act, 258 J. of Contemporary Health & Law Policy 332 (2009). Excerpts from the introduction to the...
California Conservator Laws Result in License Denial
Posted on June 23, 2009A prominent professional conservator in California has been denied a state license and is under investigation for allegations of abuse. A recent LA Times article summarizes the situation: The decision to deny Melodie Jo Scott a license marks a significant...
Don't Forget About Organ Donation
Posted on June 23, 2009Planning for the inevitable should include considering directives on organ donation. As one study reports, the gap between supply and demand for kidneys, and certainly other organs, creates longer waiting periods and increased risks of death before an organ becomes...
Contingency Fees: 40% of a $100 Million Estate?
Posted on June 23, 2009At the end of 2008, New York Court of appeals held that without more facts, it could not decide whether a 40% contingency fee from a $100 million dollar estate is unconscionable. Graubard Miller, the law firm trying to collect,...
Scams Targeted at Elderly Can Cost Everything
Posted on June 22, 2009Elderly people are often the target of money scams, and the Wall Street Journal has recently published a sad but instructive tale on the severe damage these scammers can cause. Popular scams, including weight loss schemes, supposed lottery winnings, and...
Cash-Strapped Madoff Victims Sell Jewelry
Posted on June 22, 2009Madoff victims are giving up their jewelry in exchange for much needed cash. Jewelers say that when compared to the stock market drop in the 1990's, there are now more people looking to sell their jewelry and they aren't afraid...
Court may impose constructive trust on basis of unjust enrichment alone
Posted on June 22, 2009In its extensive opinion in Nelson v. Nelson, 205 P.3d 715 (Kan. 2009), the Kansas Supreme Court held that proof of actual or constructive fraud is not necessary for the imposition of a constructive trust. The decedent?s children claimed that...
Choreographer Prepares For Two Deaths
Posted on June 22, 2009Merce Cunningham, a 90 year old choreographer, is planning for his death and the death of his dance company. The artist is confronting "the vexing problem of how choreography created by a lone master and interpreted by a dedicated company...
Writing With Dead People
Posted on June 21, 2009Artist Nadine Jarvis can help those who want to live on after death by using the carbon from their cremated remains to make pencils, about 240 of them. The pencils, called Carbon Copies, are inscribed with the donor's name and...
Steve Jobs Has Liver Transplant
Posted on June 21, 2009Steve Jobs, CEO of Apple, is on leave of absence from the company for health reasons after having a liver transplant two months ago. The cause and conditions of his health remain undisclosed; however, Jobs is a survivor of pancreatic...
Top SSRN Downloads
Posted on June 21, 2009Here are the top downloads from April 22, 2009 to June 21, 2009 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 268 How the...
Has Chicago Title gone too far to help Texas recover Medicaid payments from deceased recipients?
Posted on June 20, 2009Chicago Title has issued instructions to their agents and direct operations to, in certain cases, collect the amount claimed by the Medicaid Estate Recovery Program (MERP) and send it directly to MERP from the sales proceeds of the deceased beneficiary?s...
South Carolina: No Attorney Duty to Prospective Will Beneficiaries
Posted on June 20, 2009The South Carolina Supreme Court recently held that an attorney does not owe a duty to a prospective beneficiary under a non-existent will and therefore, the prospective beneficiaries cannot sue the attorney for negligently failing to draft the will. The...
Harry Potter v. Willy the Wizard
Posted on June 19, 2009The estate of late author Adrian Jacobs is suing the publisher of the Harry Potter series. The estate claims that substantial parts of Jacobs' published book The Adventures of Willy the Wizard is reproduced in Harry Potter and the Goblet...
Initials of witness on each page of the will deemed insufficient as an attestation
Posted on June 19, 2009In its opinion in In re Estate of Leavey, 202 P.3d 99 (Kan. Ct. App. 2009), the Kansas intermediate appellate court affirmed denial of probate for lack of due execution. While the testator and one witness signed the will at...
Estate Planning & Community Property Law Journal seeks innovative articles
Posted on June 19, 2009On the heels of a well-received collection of professional articles for its inaugural volume, the editors of the Estate Planning and Community Property Law Journal are currently seeking a law review style articles (at least 30 double-spaced pages, including footnotes)...
Man Arrested for Posing as His Dead Mother
Posted on June 19, 2009A 49-year New York man was arrested for using a walking stick, lots of make-up, and a fake ID to impersonate his dead mother. When his mother died in 2003, he gave the funeral director a false social security number...
Anna Nicole Smith: The Opera
Posted on June 18, 2009Richard Thomas, the co-creator of Jerry Springer: The Opera, is composing a new musical entitled Anna Nicole Smith: The Opera, set to open in the Royal Opera House in 2010. Thomas admits he is fascinated by trashy sounding stories. Classical...
When Guardianships Harm More Than Help
Posted on June 18, 2009A Minnesota woman succeeded in getting her capacity restored after two years under the guardianship of conservator Wells Fargo, during which time she claims the company excessively used-up over $600,000 of her assets and succeeded in getting a reverse mortgage...
'Profits Interests Gifts Under Section 2701: I Am Not A Monster'
Posted on June 18, 2009Richard Dees (Partner, McDermott Will & Emery LLP) has published an article entitled Profits Interests Gifts Under Section 2701: I Am Not A Monster, Tax Analysts, 2009. Here is a summary of the article: Section 2701 provides special gift tax...
Lawsuits Abound Over Corporate-Owned Life Insurance Policies
Posted on June 18, 2009Corporate-owned life insurance policies are policies that companies take out on employees, in secret in the past, to earn tax breaks and future revenues. While these policies were common at one time, laws now commonly limit them to high ranking...
Michael Crichton's Will: Part Thriller, Part Mystery
Posted on June 17, 2009When Michael Crichton, author and avid smoker, died of throat cancer last year, he left behind an estate worth millions, a posthumous son, a widow and four ex-wives, and a secretive will. Crichton's son was born three months after his...
St. Olaf Appeal Filed
Posted on June 17, 2009On April 23, 2009, attorneys for SaveWCAL filed an appellate brief with the Minnesota Court of Appeals, appealing the order of the district court discussed here. The brief contends that St. Olaf, acting as trustee of the WCAL charitable trust,...
Oregon Court Rules Revocable Living Trust an Expectancy
Posted on June 17, 2009The Oregon Court of Appeals, in a case of first impression, recently held that a husband's interest in a revocable living trust is an expectancy and therefore not subject to division during divorce. The court reasoned that the husband's interest...
Stories From an Estate Planner's Experience
Posted on June 17, 2009Barry M. Fish and Les Kotzer have authored a book entitled Where's there's an Inheritance: Stories from Inside the World of Two Wills Lawyers (Continental Atlantic Publications 2009). The authors share humorous, moving, and wrenching tales to provide some insight...
French Form of Civil Union Popular with Opposite-Sex Couples
Posted on June 16, 2009In France, the Civil Solidarity Pact, or PACS, are civil unions available to both same-sex and opposite-sex couples. The status gives traditional marriage benefits, such as joint tax returns and intestate succession. Additionally, the status is easier and cheaper to...
Parents: Consider a Trust as Part of Your Estate Plan
Posted on June 16, 2009Parents should consider creating a trust that would take care of their children if something happens to the parents. Reasons for creating a trust include: Parents have substantial assets or money that children would inherit. Ability to delay the age....
Hollywood Nursing Home Slated to Close
Posted on June 16, 2009It is rumored that the Motion Picture & Television Fund plans to close a hospital and nursing home that serves former Hollywood stars, citing annual losses of $10 million. The announcement caused a Hollywood backlash because the organization's motto -...
The Legal Responsibilities of Owning More Than One Home
Posted on June 16, 2009A recent Financial Times article has this warning for those who own multiple homes in different states: The worst-case scenario occurs when you divide your time casually among your various homes. In a landmark, decades-old case still cited by attorneys,...
"Old Geezer" Is Not Politically Correct
Posted on June 16, 2009The International Longevity Center in New York and the Aging Services of California have put together a stylebook for media professionals called Media Takes: On Aging. The guide informs the reader of correct and incorrect ways to refer to our...
Madoff Affects Quest for Immortality
Posted on June 15, 2009A married couple whose architectural designs seek to make humans immortal invested millions with Madoff, putting their work at risk. The couple designs homes with physical obstacles, such as uneven floors, oddly shaped rooms, and inconveniently placed windows, because they...
'Why You Need A Will'
Posted on June 15, 2009Forbes has published an article on the disadvantages of intestacy, including a link to an intestacy calculator. The article points out that only a few states - California, Maine, New Jersey, Washington, and the District of Columbia - offer registries...
No statute of limitations on trustee removal
Posted on June 15, 2009The probate court removed Trustee from office. Trustee appealed claiming that the removal action was barred by the four-year statute of limitations governing breach of fiduciary duty claims because the underlying reason for the removal was for an alleged breach...
Estate Planning for a Military Equipment Collector
Posted on June 15, 2009Imagine estate planning and estate administration for a client who owns 65 military tanks, runs a private museum, and has a mile-long model railway. This is just part of the estate left behind by Jacques Littlefield, which is now managed...
Heir of Nazi Victim Settles Painting Dispute
Posted on June 14, 2009The Museum of Modern Art and the Solomon R. Guggenheim Museum reached a settlement over two Picasso paintings claimed by a great-nephew of a German Jewish broker who allegedly sold the paintings under duress. The agreement allows the museums to...
Top SSRN Downloads
Posted on June 14, 2009Here are the top downloads from April 15, 2009 to June 14, 2009 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 253 How the...
Future of Inheritance Tax in UK Unfavorable to Heirs
Posted on June 13, 2009A promise made by the Tories, the flagship conservative party in the UK, that would triple the inheritance tax threshold may be postponed for sunnier financial times. A business secretary for the party said the change is now an aspiration,...
Nursing Home Improperly Uses Drugs and Causes Deaths
Posted on June 13, 2009A complaint alleges that psychotropic drugs were administered to numerous uncooperative patients at a nursing home in Kern County, California, resulting in three deaths and other severe side affects. Three people were arrested and charged with elder abuse, including the...
Class gift, or not?
Posted on June 13, 2009In the case of In re Estate of Womack, 280 S.W.3d 317 (Tex. App.?Amarillo 2008, pet. denied), Testator?s holographic will provided for his entire estate to be divided among his nieces and nephews, his predeceased wife?s nieces and nephews, and...
Conservation Easements Analyzed
Posted on June 12, 2009Nancy A. McLaughlin (Robert W. Swenson Professor of Law, Univ. of Utah College of Law) and W. William Weeks (Adjunct Professor of Law and Director, Conservation Law Clinic, Indiana Univ. Bloomington School of Law) have posted on SSRN their article...
Private Split Dollar Life Insurance
Posted on June 12, 2009Katarinna McBride (partner, Beermann Swerdlove, LLP, Chicago, Illinois) has recently published her article entitled Passing the Buck: Private Split-Dollar for Every Vocabulary, 97 Ill. B.J. 262 (2009). Here is an excerpt from her article: Estate planners have designed several methods...
Golden Coffins Under Attack
Posted on June 12, 2009The recent financial downturn has left a sour taste in the mouths of many when it comes to the salaries of big company CEO's, including "golden coffins" - generous posthumous payouts to senior management. According to Joann S. Lublin, Activists...
Conflict of interest not enough to justify removal of executor
Posted on June 12, 2009Beneficiaries? Mother (the testator?s ex-wife) moved to have Independent Executor removed from office because he shared ownership of certain estate property with his deceased brother and allegedly had a conflict of interest with the beneficiaries. Mother argued that he could...
"Five Wishes" -- Sounds good but legally dangerous
Posted on June 11, 2009In Be Careful What You Wish for: Analyzing the "Five Wishes" Advance Directive, 97 Ill. B. J. 242 (2009), Ray J. Koenig III (partner, Peck, Bloom & Koenig, LLC, Chicago, Illinois) and MacKenzie Hyde (law clerk, Peck, Bloom & Koenig,...
English Proficiency not Required to Be an Administrator in New York
Posted on June 11, 2009On June 1, 2009, A New York Surrogate Court held that the court may appoint a person as administrator of an estate when the person is unable to read, speak, and understand English. The court relied on the fact that...
Insurance Companies Increasingly Offer End-of-Life Benefits
Posted on June 11, 2009More and more group life insurance companies are offering bereavement counseling, estate resolution services, and professional help for funeral planning in addition to the traditional lump-sum payment. These add-on services cost little to nothing for employers offering group life insurance...
Preventing abuse of powers of attorney
Posted on June 11, 2009Prof. Lawrence A. Frolik (University of Pittsburgh School of Law) has recently published his article entitled Keep Powers of Attorney in Check, Trial, April 2009, at 42. Here is an excerpt from his article: Durable powers of attorney were designed...
Hearst Update
Posted on June 10, 2009Last week a superior court judge ruled that the hearings and trial documents in the conservatorship trial of Phoebe Hearst will be open to the public. Information regarding bank accounts, her residence, and her psychiatric state will not be made...
The unseemly side of long-term care insurance
Posted on June 10, 2009Alicia Garcia and Mike Abourezk, both from Rapid City, South Dakota, have recently published their article entitled The Untold Story of Long-Term Insurance, Trial, April 2009, at 20. Here is an except from their article: A nursing home resident who...
Conservator Appointed for Peter Falk
Posted on June 10, 2009I recently wrote about the battle for conservatorship of Peter Falk, the former Columbo star. The court has since appointed Falk's wife as conservator, with his daughter receiving a 30 minute visitation every other month. The actor quickly slipped into...
California's Care Custodian Statute
Posted on June 10, 2009David Horton (Lecturer in Residence, Berkeley Law) has recently published an article entitled The Uneasy Case for California's "Care Custodian" Statute, 12 Chap. L. Rev. 47 (2008). Here are some excerpts from the introduction: Probate Code section 21350 presumptively voids...
Establishing a Tax-Friendly Domicile
Posted on June 09, 2009A recent NY Times article discusses abandoning an old domicile and establishing a new one. The author writes: Lawyers often advise their clients not to migrate or stay put solely for tax reasons, but all other things being equal, you...
Twenty-Three-Year-Old Inherits Millions
Posted on June 09, 2009When Paul Raymond, a porn and property millionaire from London, died a year ago, he left his entire personal estate worth £75 million to his 23 year-old grand-daughter and her teenage sister. For more information about the older heiress, dubbed...
Housekeeper Testifies in Trial of Astor's Son
Posted on June 09, 2009Mrs. Astor's housekeeper of 40 years recently testified about paintings taken by Anthony Marshall while Astor was still living. The housekeeper testified that she witnessed Marshall remove a painting and witnessed Astor and Marshall discussing another painting...
Enhanced FDIC insurance extended to January 1, 2014
Posted on June 09, 2009The following information is posted on the FDIC's website: Deposits at FDIC-insured institutions are now insured up to at least $250,000 per depositor through December 31, 2013. On January 1, 2014, the standard insurance amount will return to $100,000 per...
Buy Your Coffin at Costco - Or, Just Build it Yourself
Posted on June 08, 2009Changing ideas about traditional funeral and burial practices are bringing change to the industry. Death planning now includes options like a personalized funeral service where the Good Humor Man passes out ice cream, buying your coffin at Costco, and purchasing...
Top SSRN Downloads
Posted on June 08, 2009Here are the top downloads from April 9, 2009 to June 8, 2009 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 226 How the...
Communication Challenges
Posted on June 08, 2009Gerry W. Beyer (Governor Preston E. Smith Regents Professor of Law, Texas Tech University School of Law) has recently posted on SSRN his article entitled The Communicationally Challenged Testator, Estate Planning Developments for Texas Professionals, April 2009...
Details on Natasha Richardson's Will
Posted on June 08, 2009Details on the will left by Natasha Richardson, the London actress who died after a skiing accident, are available. Although she left the bulk of her estate to her husband, she also included her sister, an aunt, an employee, and...
"Estate Planning for Blended Families" by Richard E. Barnes published
Posted on June 07, 2009Richard E. Barnes (Elliott, Blackburn, Barnes & Gooding, P.C, Valdosta, Georgia) has recently published his book entitled Estate Planning for Blended Families: Providing for Your Spouse & Children in a Second Marriage. Here is the publisher's (Nolo) description of this...
Digital Estate Planning
Posted on June 07, 2009Another article is available on the importance of including internet passwords, which are inevitable in an increasingly on-line world, in an estate plan. More information on this subject can be found in previous posts here and here, and in the...
Psycholegal study of property law
Posted on June 07, 2009Jeremy A. Blumenthal (Associate Professor of Law, Syracuse Univ. Law School) has posted on SSRN his article entitled 'To Be Human': A Psychological Perspective on Property Law, 83 Tulane L. Rev. (2009). Here is the abstract of his article: The...
Newcomb College - Tulane University Update
Posted on June 06, 2009I previously summarized the controversy surrounding Tulane University's closing of Newcomb College, a women?s college affiliated with the university. Below are excerpts from Save New College, Summary Judgment Motion Filed in Newcomb College Case, May 27, 2009, regarding a motion...
Louisiana's forced heirship law analyzed
Posted on June 06, 2009Vincent D. Rougeau (Associate Professor of Law, Notre Dame Law School) has posted on SSRN his article entitled No Bonds but Those Freely Chosen: An Obituary for the Principle of Forced Heirship in American Law. Here is the abstract of...
Personal Care Agreements
Posted on June 05, 2009Deborah Ann Wainey (Avard Law Offices, Cape Coral, Flordia) has recently published her article entitled Preventing Family Feuds, Trial, April 2009, at 30. Here is an excerpt from her article: When families choose to care for aging relatives at home,....
Avidly Managing and Protecting Literary Estates
Posted on June 05, 2009A recent Financial Times article about literary estate management focuses on the trend in managing copyrighted works of deceased writers with avid promotion and protection. Some estates have taken immense measures to ensure the integrity and prosperity of their intellectual...
Trusts and Insolvency -- U.K. Style
Posted on June 05, 2009David Robert Gregory and John Paul Tribe (KPMG Lecturer in Restructuring, Kingston Univ.) have posted on SSRN their article entitled At the Interface of Trusts Law and Insolvency Law: The Quest for Alternative Forms of Risk Management. Here is a...
Inheritance Tax -- A comparative analysis
Posted on June 05, 2009Ann Mumford (Senior Lecturer in Tax, Queen Mary School of Law) has recently posted on SSRN her article entitled From Dahomey, to London, to DC: 'Marketing' Wealth with the Proposal for a Comprehensive Inheritance Tax. Here is a summary of...
Don't go scuba diving with a benficiary -- Update
Posted on June 05, 2009Earlier on this blog, I reported that Gabe Watson would stand trial for the death of his wife, Tina Watson, in what was formerly deemed an accidental drowning while scuba diving. The alleged motive for the crime was to collect...
Same-sex marriage approved in New Hampshire
Posted on June 04, 2009On June 3, 2009, New Hampshire Governor John Lynch signed House Bill 73 authorizing same-sex marriages. However, same-sex couples will need to wait until next year to take advantage of the new law as it will not be effective until...
Electing a County Coroner: Pennsylvania
Posted on June 04, 2009In the vast majority of counties in Pennsylvania, the county coroner is elected. A candidate only needs to be a registered voter and many coroners do not have not medical background or a background in forensic pathology. Some feel this...
West Texas Estate Administration Gets Messy
Posted on June 04, 2009Amarillo, Texas: When the founder of the American Housing Foundation died in a suicide car crash, he left behind an estate worth $12.4 million, $24 million in life insurance proceeds, and a foundation with $459 million in debt. Currently, creditors...
Astor Trial Continues
Posted on June 04, 2009Mrs. Astor's former attorney, Henry Christensen III, has completed six days of testimony. Here are some of the highlights from that testimony: Christensen simultaneously represented Astor and her son Marshall. From 1960 to 1970 Marshall was the sole heir of...
Interview with wife of face donor
Posted on June 03, 2009Earlier on this blog, I reported on the seventh face transplant which was performed in Boston on April 9, 2009. The wife of the face donor recently made an appearance on ABC discussing her decision to donate her husband's face....
How far would you go if you could not marry the woman of your dreams?
Posted on June 03, 2009A man in Egypt tried for two years to get permission from his father to marry a woman from a lower family class. Instead of getting married anyway or eloping, the man decided to take an extreme step, IMHO. He...
Supreme Court Rejects Steinbeck Appeal
Posted on June 03, 2009I previously posted an entry on the fight over some of John Steinbeck's greatest works and the ultimate court decision holding that Penguin has a superior right to these works than do his heirs. On May 19, 2009, the U.S....
Battle Over Conservatorship for Columbo Star
Posted on June 03, 2009The daughter and the wife of Peter Falk have both petitioned to be appointed conservator of the former Columbo star, who has dementia. Falk's daughter is from his first marriage and is concerned about Falk's care and her visitation access....
Funeral Homes Perform Unlikely Role: Death Investigation
Posted on June 02, 2009Kansas City recently changed important policies after funeral homes discovered tell-tale signs of unnatural deaths in bodies that were not autopsied and were reported as dying from natural causes. The fact that funeral homes were performing roles that medical examiners...
Economic Crisis May Affect Self-Paying Life Insurance Policies
Posted on June 02, 2009Some life insurance policies, especially those created in the 1980's and 1990's, may not be able to self-pay premiums as expected. This is due to the high return that was anticipated when they were created and the unexpected trouble in...
Modern-Day Pharaohs
Posted on June 02, 2009Wilhelm's Portland Memorial Funeral Home, Mausoleum, and Crematory has a burial room fit for a king. The Rae Room, which is about 15'x15', contains stained glass, wall-to-floor Italian marble, bronze doors, two massive sarcophagi, and a couple of wicker chairs...
The Unclaimed Dead are On-line in San Bernardino
Posted on June 02, 2009San Bernardino county is believed to be the first to implement an on-line database for the unclaimed dead. Here's an overview of how the San Bernardino system for the unclaimed operates: The unclaimed are cremated and held for about a...
Estate of Dee Dee Ramone in Court over Book
Posted on June 01, 2009A lawsuit in a Manhattan court has delayed the publication of a book by Dee Dee Ramone's first wife that she wrote about the late-rocker. The executor of Ramone's estate alleges that the book violates an agreement that was supposed...
Purple DNRs -- Resuscitation Orders in Kentucky
Posted on June 01, 2009Prompted by a small but concerning number of resuscitation order violations, a group of advocates, state officials, and nursing home representatives in Kentucky are working to make these orders more effective for nursing home residents. One proposed solution is a...
Delaware RAP Tax-Traps
Posted on June 01, 2009James P. Spica (Attorney, Honigan Miller Schwartz and Cohn Miller LLP) has recently published an article entitled A Trap for the Weary: Delaware's Anti-Delaware-Tax-Trap Statute is Too Clever by Half (of Infinity), 43 Real Prop. Tr. & Est. L.J. 673...
Judge Sonia Sotomayor and Wills, Trusts, and Estates
Posted on June 01, 2009With the nomination of Judge Sonia Sotomayor (United States Court of Appeals for the Second Circuit) for the United States Supreme Court, much has been made of her opinions addressing a variety of issues but little has been written about...
Creating a Durable Power of Attorney
Posted on May 31, 2009A durable power of attorney is a document that gives someone power over another person's financial affairs. The benefits of, and advice for creating, a durable power attorney are discussed in a recent article. The article stresses the importance of...
Top SSRN Downloads
Posted on May 31, 2009Here are the top downloads from April 1, 2009 to May 31, 2009 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 92 Copyright's Hidden...
Failure to draft will contributes to attorney's suspension from the practice of law
Posted on May 30, 2009On January 29, 2009, an Austin lawyer was suspended from the practice of law for three years, with the first year to be actively served with the remaining two years probated. Here is a description of her conduct as found...
Funeral Home Lets Bodies Drip and Decay
Posted on May 30, 2009A national funeral home corporation is under investigation for improper handling of mortal remains, including the remains of U.S. military personnel headed for Arlington National Cemetery, at the National Funeral Home in Falls Church, Virginia. A former employee alleges that...
Astor Estate Update
Posted on May 29, 2009I have posted multiple blogs on the trial of Mrs. Brooke Astor's son, Anthony Marshall, including here and here. The following is an update on how the trial is progressing. The 30+ wills and amendments that were executed by Mrs....
Estate Planning Lawyer & Family Found Dead
Posted on May 29, 2009Last month the body of William Parente, an estate planning attorney, was found with the bodies of his wife and his two daughters in a Baltimore hotel room. Here is a time line of what occurred in this unfortunate case:...
Estate Taxes in 2010
Posted on May 29, 2009Under the Bush tax cuts of 2001, the estate tax was supposed to fully disappear for the year 2010 and resume in 2011. Instead, President Obama is assuming that the 2009 tax levels will carry over for 2010. There are...
Texas Probate Fee Survey results now available
Posted on May 29, 2009Richard Bischoff (Attorney, El Paso, Texas) has recently compiled the results of his survey of how Texas probate lawyers charge for estate planning services. The complete results of his survey are available here. Here are some of key results: By...
Dean John E. Cribbet dies
Posted on May 28, 2009It is with a heavy heart that I report on the passing of Dean John E. Cribbet (University of Illinois College of Law) on May 23, 2009. Although I visited with Dean Cribbet only a few times while studying at...
Evelyn A.J. Hall -- Update
Posted on May 28, 2009I previously posted an update on the controversy surrounding the Jolika Collection at the M.H. de Young Memorial Museum in San Francisco. Here is what has developed since the last post. San Fransisco agreed to sell 76 pieces from the...
Family Trust Companies
Posted on May 28, 2009Iris J. Goodwin (Associate Prof. of Law, Univ. of Tennessee Knoxville School of Law) has posted her article on SSRN entitled How the Rich Stay Rich: Using a Family Trust Company to Secure a Family Fortune, Univ. of Tenn. Leg....
Trusts -- Australian Style
Posted on May 28, 2009Mark Leeming (Faculty of Law, Univ. of Sydney Law School) has written a new article entitled What is a Trust?, 7 Trusts Quart. Rev. 5 (2009). Here is the abstract of the article from the SSRN version of his article:...
Probate and Divorce in Tennessee
Posted on May 27, 2009In a student note, Hailey H. David discusses why Tennessee should adopt a broader statute for revoking provisions in favor of an ex-spouse or the ex-spouse's relatives in wills and will substitutes. Hailey H. David, Note, The-Revocation-Upon-Divorce-Doctrine: Tennessee's Need to...
Consenting to A Posthumous Child
Posted on May 27, 2009In a student comment, Amanda Horner discusses the range of approaches for determining if a parent consented to a posthumous child and suggests a method for courts to adopt when making this determination. Amanda Horner, Comment, I Consented to What?:....
"The Richest Man in Town" Recently Published
Posted on May 26, 2009"In his new book The Richest Man in Town (Business Plus, 2009), [W. Randall] Jones has come up with a list of the 100 richest people by town in the largest cities in almost every states in the U.S." Business...
Intestacy in the United Kingdom
Posted on May 26, 2009The benefits of dying testate in the United Kingdom are very similar to those in the United States. These benefits and a brief discussion of intestacy rules in the UK are discussed in the article below. One interesting characteristic of...
Same-sex marriages may no longer be performed in California
Posted on May 26, 2009Earlier today (May 26, 2009), the California Supreme Court by a 6 to 1 vote agreed with the citizens of California that same-sex marriages are banned because of Proposition 8 which was passed in November. However, the court also held...
Should a fiance/financee have rights?
Posted on May 25, 2009Under the law of most, if not all, states, the non-legal status of being someone's finance or fiancee gives that person no rights upon the partner's death or disability. As described in William Wan, A Life Lost, a Plan Derailed,...
Frozen Body Storage Tour
Posted on May 25, 2009Alcor is one of the businesses which provides (hopefully) life extension by the use of cryonics. According to its website: The Alcor Life Extension Foundation is the world leader in cryonics, cryonics research, and cryonics technology. Cryonics is the science...
Happy Memorial Day
Posted on May 25, 2009With the sincerest appreciation to all who have died in our nation's service. Follow this link for detailed information on Memorial Day.
Top SSRN Downloads
Posted on May 24, 2009Here are the top downloads from March 24, 2009 to May 23, 2009 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 282 2008 Developments...
Charitable Giving Through Donor-Advised Funds
Posted on May 24, 2009Donor-advised funds are an investment tool for donors who want to avoid the hassle of a traditional foundation by giving to a charitable fund managed by someone else. The use of these funds and transfers from foundations appears to be...
First legal assisted suicide occurs in Washington
Posted on May 23, 2009In November 2008, Washington became the second state (Oregon was the first) to authorize physician-assisted suicide. On May 21, 2009, Linda Fleming (66 years old and a resident of Sequim, Washington) used the new procedure to self-terminate. Linda was in...
Astor Update: History Repeats Itself
Posted on May 23, 2009I recently posted an update on the contest surrounding the estate of the late Mrs. Brooke Astor here. Fifty years ago, Mrs. Astor herself faced accusations similar to one of the accusations currently asserted against her son. Note, however, that...
Natalie Cole receives a directed kidney donation
Posted on May 22, 2009Natalie Cole (singer and daughter of Nat King Cole) received a kidney transplant on May 19, 2009 at Cedars-Sinai Medical Center in Los Angeles, California. The kidney came from an anonymous donor who recently died. Her family said she was...
Interested Witness Without Knowing It
Posted on May 22, 2009On April 27, 2009, a New York court held that a necessary witness to a will was an interested witness and was denied benefit under the will, even though his benefit under the will was unknown. The respondent in the...
Kentucky Supreme Court Rules Trustee Disclosure Proper
Posted on May 21, 2009"The Kentucky Supreme Court . . . is raising eyebrows with a recent ruling that says the bank trustee of a living trust was right to tell a group of charities they had been cut from an elderly woman's will."...
Man caught smuggling drugs for assisted suicide
Posted on May 21, 2009Jeff George Ostfeld (Las Vegas, Nevada) was denied on May 18, 2009 at the Progreso International Bridge on charges that he smuggled animal tranquilizers to be used in assisted suicides. Jeff is also under investigation by Mexican police who claim...
Life insurance text published
Posted on May 21, 2009Louis A. Mezzullo (Partner, Luce, Forward, Hamilton & Scripps LLP, Rancho Santa Fe, California) has recently published the Second Edition of his text entitled An Estate Planner's Guide to Life Insurance. Here is the publisher's description of this book: Written...
Autopsy -- A way to obtain closure or to place blame?
Posted on May 20, 2009An interesting discussion of the pros and cons of having an autopsy performed on a deceased family member is found in Denise Grady, The Autopsy, a Search for Reassurance, NY Times, May 19, 2009. The article discusses the personal story...
Taxation of Pet Trusts
Posted on May 20, 2009Gerry W. Beyer (Governor Preston E. Smith Regents Professor of Law, Texas Tech University School of Law) and Jonathan P. Wilkerson (attorney and former Editor-in-Chief of the Texas Tech Law Review) have recently published their article entitled Max's Taxes: A...
Planning for Digital Estates
Posted on May 19, 2009Earlier on this blog, I discussed the importance of planning for a client's on-line matters such as passwords, e-mail accounts, Facebook pages, etc. and posted a list of companies which offer helpful services. Planning for digital estates received additional coverage...
Weekly Archives Now Functional!
Posted on May 19, 2009I am pleased to announce that the "weekly archive" function of this blog is now functional. You may now use the list of weeks found on the lower part of the right-hand pane to access material from the past ten...
Analysis of Queen Liliuokalani's estate
Posted on May 18, 2009The following is the introduction to a detailed article by Samuel P. King, Walter M. Heen and Randall W. Roth entitled The Queen's Estate, Star-Bulletin, May 17, 2009 & The Queen's Estate (Part 2), Star-Bulletin, May 18, 2009: Much conflict...
Murdered lawyer leaves video naming alleged assailant
Posted on May 18, 2009Borrowing one of Captain Kirk's techniques of leaving a video to watch upon his death (see The Tholian Web, first broadcast November 15, 1968), lawyer Rodrigo Rosenberg left an 18 minute video to be viewed upon his disappearance. Rodrigo was...
Minnesota enacts Uniform Disclaimer of Property Interests Act
Posted on May 17, 2009On May 12, 2009, Minnesota Governor Tim Pawlenty signed into law a version of the Uniform Disclaimer of Property Interests Act. S.B. 1810. According to Adam J. Hirsch (William and Catherine VanDercreek Professor of Law, Florida State University College of...
Top SSRN Downloads
Posted on May 17, 2009Here are the top downloads from March 18, 2009 to May 17, 2009 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 275 2008 Developments...
"Summer Hours"
Posted on May 16, 2009On March 5, 2008, the French film L'heure d'été (Summer Hours) was released. The film is now being shown in the United States. Simply stated, the plot involves two brothers and a sister who "witness the disappearance of their childhood...
Happy Armed Forces Day
Posted on May 16, 2009Happy Armed Forces Day!! A special thanks to all my readers who serve or who have served in the military -- your sacrifices and hard work do not go unnoticed and are greatly appreciated. To read the complete text of...
Advising Trustees
Posted on May 15, 2009I often tell my students that if they are asked to be a trustee, they should use the "cocaine rule," that is, "just say no." However, I also explain that being a trustee's attorney is a great job provided you...
Third Edition of "Wills, Trusts, and Estates for Legal Assistants" released
Posted on May 15, 2009Aspen Publishers has recently published the Third Edition of Wills, Trusts, and Estates for Legal Assistants authored by Gerry W. Beyer (Governor Preston E. Smith Regents Profesor of Law, Texas Tech University School of Law) and John K. Hanft (Instructor,...
Advanced Estate Planning and Probate Seminar
Posted on May 15, 2009The State Bar of Texas is sponsoring the 33rd Annual Advanced Estate Planning and Probate Course in Houston, Texas on June 10-12, 2009. Here are some of the highlights of this program: Case Law, Tax Law, and Legislative Updates Addressing...
Illegal Act Exclusions
Posted on May 15, 2009Crystal M. Patterson (Shareholder, Fredrikson & Byron, P.A., Minneapolis, MN) has written a new article entitled Banning Benefits for Bad Behavior: Unraveling the Illegal Act Exclusion, Prob. & Prop., May/June 2009, at 46. Here is a summary of the article:...
Spousal Access Trusts
Posted on May 14, 2009Scott M. McCullough (Associate, Callister, Nebeker & McCullough, Salt Lake City, UT) has written a new article entitled The Spousal Access Irrevocable Life Insurance Trust Funded with a Second-to-Die Policy, Prob. & Prop., May/June 2009, at 61. Here is excerpt...
Conversion of UTMA custodianship into a trust
Posted on May 14, 2009Bradley R. Coppedge (Partner, Hatcher Stubbs, LLC, Columbus, GA) has written a new article entitled Transfers to Trust and Use of UTMA Custodial Accounts, Prob. & Prop., May/June 2009, at 34. Here is an excerpt from the article: The Transfers...
Estate tax proposals may still leave planning options available
Posted on May 14, 2009The following excerpts are from Martin Vaughn, Estate-Tax Strategies Could Survive Curbs, Wall St. J., May 13, 2009: The White House is proposing to curtail two popular tax-planning techniques, but wealth advisers say the strategies will remain attractive even if...
How to value unpaid lottery entitlements in a winner's estate
Posted on May 13, 2009Prof. Wendy Gerzog (Professor of Law, University of Baltimore School of Law) has recently posted on SSRN her article entitled Negron: Circuits Now Split 2-2. Here is the abstract and conclusion of her article: The article discusses Negron and the...
Same-sex marriage -- Russian style
Posted on May 13, 2009After seeing the success of same-sex couples of getting the right to marry in many jurisdictions in the United States, their counterparts in other nations are also attempting to get this right. For example, in Russia, two women are attempting...
Madoff Update
Posted on May 13, 2009Below is some recently revealed information regarding the case of disgraced investor Bernard A. Madoff from Diana B. Henriques and Zacery Kouwe, Records Show Billions Withdrawn Before Madoff Arrest, NY Times, May 12, 2009: About $12 billion was pulled out...
Estate planning lawyer escapes malpractice liability for not preparing estate plan for client with questionable capacity
Posted on May 12, 2009Marshall A. Oldman discusses the recent California case of Chang v. Lederman in his article Chang v. Lederman Limits Estate Planning Malpractice Liability, Metropolitan News-Enterprise, May 6, 2009, in which "the Court of Appeal for the Second District determined that...
Texas Tech University School of Law Seeks Dean Applicants
Posted on May 12, 2009Texas Tech University invites applications and nominations for the position of Dean of the School of Law. The preferred date for the individual to begin duties is on or about summer 2010. Texas Tech University, with over 28,000 students, is...
Public Administrators -- Fees challenged
Posted on May 12, 2009The fees which public administrators earn are being challenged in some jurisdictions. First of all, however, we must know about public administrators. In some jurisdictions, there is no such thing as a public administrator and the concept of one is...
In-N-Out -- Majority control held by two trusts
Posted on May 11, 2009In-N-Out is a famous burger chain with stores in California, Nevada, Arizona, and Utah. An interesting discussion of the succession to this business is found in Michael Hilzik, In-N-Out: Can perfection survive, LA Times, May 7, 2009. Here is an...
Next chapter in the Anna Nicole Smith case begins in June
Posted on May 11, 2009On June 26, 2009, oral arguments are set to begin in Seattle at the 9th Circuit Court of Appeals with respect to the next installment of the Anna Nicole Smith saga. For a detailed analysis of this case and the...
Open-Air Cremation Update
Posted on May 11, 2009Earlier on this blog, I discussed how many followers of the Hindu religion desire to have an open-air cremation rather than being cremated in a traditional crematorium. The ability of a person to have an open-air cremation is currently being...
Pres. Obama to propose estate tax increases
Posted on May 11, 2009The following excerpts from Laura Meckler, Tax Boost Proposed for Estates, Firms, Wall St. J., May 9, 2009, show how the Obama administration plans to increase estate taxes (as well as other taxes) to pay for an overhaul of the...
Top SSRN Downloads
Posted on May 10, 2009Here are the top downloads from March 11, 2009 to May 10, 2009 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 272 2008 Developments...
Charitable Strategies for Trust Beneficiaries
Posted on May 09, 2009Sharon L. Klein (Senior Vice President, Trust Counsel and Director of Estate Advisement, Fiduciary Trust Company International, New York, New York) and Henry S. Ziegler (Former Senior Vice President and Special Advisor for Global Estate Planning, Fiduciary Trust Company International,...
Estate of Jorgensen analyzed
Posted on May 09, 2009Steve R. Akers (Managing Director, Bessemer Trust, Dallas, Texas) has recently published his article entitled Estate of Jorgensen, T.C. Memo. 2009-66 Section 2036 Applied to Creation of FLPs; Equitable Recoupment Allowed to Adjust for Prior Income Tax Overpayments in Light...
Trusts in the global economy CLE
Posted on May 08, 2009Financial Events International is sponsoring a seminar entitled Trusts in a time of turmoil: Managing risks for trustees in a period of global economic turbulence on June 16, 2009 in Geneva, Switzerland. Here is a description of this program: This...
Cy Pres Reform -- good or bad?
Posted on May 08, 2009Iris J. Goodwin (Associate Professor, University of Tennessee College of Law) has recently published his article entitled Ask Not What Your Charity Can Do For You: Robertson v. Princeton Provides Liberal-Democratic Insights Into the Dilemma of Cy Pres Reform, 51...
Maine governor signs same-sex marriage legislation
Posted on May 07, 2009Earlier on this blog, I reported that on April 30, 2009, the Maine Senate voted 21 to 14 in favor of a bill that would authorize same-sex marriage. Then I reported that on May 5, 2009, the Maine House of...
The problems with "heirs property"
Posted on May 07, 2009Meghan E.B. Pridemore (Clerk, U.S. Bankruptcy Court for the E. Dist. of N.C.) has written a new article entitled Tides, Torrens, and Family Trees, Prob. & Prop., May/June 2009, at 24. Here is an excerpt from her article: The article...
Offshore account voluntary disclosure rules
Posted on May 07, 2009Gideon Rothschild (Partner, Moses & Singer LLP, New York, New York) has recently posted his article entitled New Voluntary Disclosure Procedure For Offshore Accounts. Here is an excerpt from the article: Amidst the UBS investigation of offshore bank accounts, the...
The lawyer's duty towards retained estate planning documents
Posted on May 07, 2009Jennifer A. Kosteva (Associate, McGuireWoods LLP, Richmond, Virginia) has recently posted her article entitled Where There's a Will, There's a . . . Duty?: A Closer Look at the Safekeeping of Clients' Original Estate Planning Documents. Here is an excerpt...
Required Minimum Distribution CLE
Posted on May 06, 2009The ABA's Section of Real Property, Trust and Estate Law is sponsoring a teleconference and live audio webcast on May 12, 2009 entitled Planning Opportunities in the Wake of Suspension of the RMD Rules. Here is a description of the...
Majel Barrett's Pet Trust
Posted on May 06, 2009Majel Barrett, widow of Star Trek creator Gene Roddenberry and who appeared in many episodes of the series and supplied the computer voice in all Star Trek movies (including Star Trek which is being released on May 8, 2009), died...
Maine House of Representatives approves same-sex marriage legislation
Posted on May 06, 2009Earlier on this blog, I reported that on April 30, 2009, the Maine Senate voted 21 to 14 in favor of a bill that would authorize same-sex marriage. On May 5, 2009, the Maine House of Representatives also approved this...
CALI to sponsor Social Media Best Practices Workshop
Posted on May 06, 2009The Center for Computer-Assisted Legal Instruction (CALI) is conducting a Social Media Best Practices Workshop at its 19th Annual Conference for Law School Computing on June 18, 2009 at the University of Colorado Law School in Boulder, Colorado. Here are...
Charitable donation recommendations
Posted on May 05, 2009Below is a summary of the advice to charitable donors provided in Paul Sullivan, Keep Donations Flexible Now to Avoid Conflict Tomorrow, NY Times, May 2, 2009: Donors need to anticipate that problems could occur in the near and distant...
Friedman publishes social history of wealth transmission at death
Posted on May 05, 2009Lawrence M. Friedman (Marion Rice Kirkwood Professor of Law, Stanford Law School) has recently published his book entitled Dead Hands -- A Social History of Wills, Trusts, and Inheritance Law. Here is the publisher's description of this book: The law...
First U.S. face transplant patient continues to do well
Posted on May 05, 2009Earlier on this blog, I reported that things were going well for Connie Culp who received the first face transplant performed in the United States. Here is some additional information from AP, 1st U.S. face transplant shows face, USA Today,...
Unusual gay marriage bill advances in District of Columbia
Posted on May 05, 2009On May 5, 2009, the District of Columbia Council approved legislation by a 12 to 1 vote which recognizes same-sex marriages if they are performed in another jurisdiction. The legislation, however, does not authorize same-sex marriages to take place in...
More on Maryland's new pet trust statute
Posted on May 04, 2009Earlier on this blog, reported that on April 14, 2009, Maryland's Governor O'Malley signed into law House Bill 149 which authorizes statutory pet trusts effective October 1, 2009. For additional discussion of this new legislation, see Eileen Ambrose, Pets in...
Wills & Estates Professors Receive Awards at Texas Tech
Posted on May 04, 2009During the past few weeks, several professors at the Texas Tech University School of Law whose teaching and writings are focused in the estate planning area have received significant awards and honors. President's Academic Achievement Award -- Professor Vaughn James...
Luther Burbank
Posted on May 04, 2009According to Wikipedia, "Luther Burbank (7 March 1849 ? 11 April 1926) was an American botanist, horticulturist and a pioneer in agricultural science. He developed more than 800 strains and varieties of plants over his 55-year career. Burbank's varied creations...
Gross case analyzed
Posted on May 04, 2009Prof. Wendy Gerzog (Professor of Law, University of Baltimore School of Law) has recently posted on SSRN her article entitled Gross: FLP Sequence and its Consequence. Here is the abstract of her article: The author analyzes the recent Gross case...
Organ donations decreasing -- bad news for individuals on waiting lists
Posted on May 03, 2009The following excerpts are from Dave Undis, Transplant statistics all bad news, LifeSharers, May 1, 2009: The number of deceased organ donors in the United States went down in 2008. So did the number of live organ donors. According to...
Uniform Power of Attorney Act
Posted on May 03, 2009Gerry W. Beyer (Governor Preston E. Smith Regents Professor of Law, Texas Tech University School of Law) has recently posted on SSRN his article entitled The Uniform Power of Attorney Act: New Solutions to Old Problems which also appears as...
Damon Runyon's wills and codicil
Posted on May 02, 2009Damon Runyon (October 4, 1880 ? December 10, 1946) was a writer and reporter. He is well-known for a variety of his writings including two of his stories which were melded to create the Broadway play, Guys and Dolls. Damon's...
Top SSRN Downloads
Posted on May 02, 2009Here are the top downloads from March 3, 2009 to May 2, 2009 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 266 2008 Developments...
Astor Trial Update
Posted on May 01, 2009Earlier on this blog, I discussed various issues regarding Brooke Astor and the disputes with her son and grandson. On August 13, 2007, Brooke died at her Holly Hill estate in Briarcliff, New York at the age of 105. A...
Maine Senate approves same-sex marriage legislation
Posted on May 01, 2009Yesterday (April 30, 2009), the Maine Senate voted 21 to 14 in favor of a bill that would authorize same-sex marriage. Reports indicate that the bill has even broader support in the Maine House of Representatives which is scheduled to...
Britney Spears Update
Posted on May 01, 2009The conservators of Britney Spears have recently obtained a permanent restraining order for Britney and her two sons (Sean Preston and Jayden James) which prevents Sam Lufti (Britney's alleged former attorney) and Jon Eardley from coming within 300 feet of...
Will adopted partners be charged with incest?
Posted on April 30, 2009Terry L. Turnipseed (Associate Professor, Syracuse Univ. School of Law) has recently posted on SSRN his article entitled Scalia's Ship of Revulsion Has Sailed: Will Lawrence Protect Adults Who Adopt Lovers to Help Ensure their Inheritance from Incest Prosecution? Here...
Estate Tax Update
Posted on April 30, 2009The following estate tax status update is from US Congressional Budget To Extend Current Estate-Tax Law, Wall St. J., April 27, 2009: The congressional budget resolution would maintain the estate tax at current levels, providing an exemption of $3.5 million...
Estate Planning for Jet Owners
Posted on April 29, 2009Michelle M. Wade (Partner, Jackson & Wade, L.L.C., Shawnee, Kansas) and Dillon L. Strohm (Associate, Jackson & Wade, L.L.C., Shawnee, Kansas) have recently published their article entitled Trusts, Estate Planning and The Family Jet. The following is from the introduction...
Estate tax and family businesses
Posted on April 29, 2009David Joulfaian (U.S. Dept. of Treas.) has recently posted on SSRN his article entitled The Estate Tax and the Demise of the Family Business: A Comment. Here is the abstract of his article: A recent paper by Brunetti (2006) examines...
Should Spainish law adopt the common law trust concept?
Posted on April 28, 2009Sonia Martín Santisteban has recently posted on SSRN her article entitled The Trust Institution in the United States. Its Applications in Family Law, 2 InDret (Apr. 2009). Here is the abstract of the article (Note: Article is in spanish): European...
Kennedy v. DuPont Analyzed
Posted on April 28, 2009Albert Feuer (Attorney, Law Offices of Albert Feuer) has recently posted on SSRN his article entitled A Curious ERISA Case Before the Supreme Court Becomes More Confused. Here is the abstract of his article: Kennedy v. DuPont Savings Plan Administrator,...
A trustee has the duty to inform a beneficiary of the settlor?s revocation of the trust
Posted on April 28, 2009UPC § 7-303 requires the trustee to keep the beneficiaries of the trust ?reasonably informed of the trust and its administration.? Over a sole dissent, the court in JP Morgan Chase Bank, N.A. v. Longmeyer, 275 S.W.3d 697 (Ky. 2009),...
Top SSRN Downloads
Posted on April 27, 2009Here are the top downloads from February 26, 2009 to April 27, 2009 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 257 2008 Developments...
Same-sex marriages begin in Iowa
Posted on April 27, 2009Earlier on this blog, I reported that the Iowa Supreme Court in Varnum v. Brien (No. 07-1499) held that the Iowa statute banning same-sex marriage is unconstitutional as a violation of equal protection. Today, April 27, 2009, same-sex couples started...
Health and Education Exclusion Trusts
Posted on April 27, 2009Julius H. Giarmarco, Esq. (Partner, Giarmarco, Mullins & Horton, P.C.) has recently written an article entitled How To "HEET" Up An Estate Plan. Here is a summary of the article: This article discusses the benefits of a health and education...
Action for accounting and removal of executor is not a challenge to will
Posted on April 27, 2009The testator?s will contained an in terrorem clause applicable to any beneficiary who contests the validity of the will whether or not in good faith and with or without probable cause. In Sinclair v. Sinclair, 670 S.E.2d 59 (Ga. 2008),...
Value judgments for FLPs and similar entities
Posted on April 26, 2009Cynthia A. Duncan (Associate, King & Spalding, Atlanta, Georgia), John R. Jones, Jr. (Counsel, King & Spalding, Atlanta, Georgia), and James D. Spratt, Jr. have recently published their article entitled McCord to Holman?Five Years of Value Judgments, 34 ACTEC J...
Business succession planning with carried interests
Posted on April 26, 2009Richard B. Robinson (Shareholder, Robinson, Diss and Clowdus, P.C., Denver, Colorado) has recently published his article entitled Business Succession Planning, Profits Interests and § 2701, 34 ACTEC J. 243 (2009). Here is the editors' synopsis of his article: This article...
Advising the "newbie" foundation trustee
Posted on April 25, 2009Joel C. Dobris (Professor of Law, UC Davis School of Law) has recently published his article entitled A Letter About Investing to a New Foundation Trustee, with Some Focus on Socially Responsible Investing, 34 ACTEC J. 234 (2009). Here is...
Tenancy by the Entirety and Asset Protection
Posted on April 25, 2009Fred Franke (The Law Office of Frederick R. Franke, Jr., Annapolis, Maryland) has recently published his article entitled Asset Protection and Tenancy by the Entirety, 34 ACTEC J. 210 (2009). Here is the editor's synopsis of this article: This article...
Settlor?s attempt to relieve trustee?s duty to account deemed ineffective
Posted on April 24, 2009A husband and his wife jointly created a revocable trust. The husband died first and under the trust terms, one-half of the property was divided into two trusts. The surviving spouse had a general power of appointment over one and...
Abolition of no-residue-of-a-residue rule applies to revocable trust used as will substitute
Posted on April 24, 2009In In re Estate of Zilles, 200 P.3d 1024 (Ariz. Ct. App. 2008), the court held that the judicial abolition of the no-residue-of-a-residue rule in a case concerning a will also applies to a revocable trust that disposes of property...
Keeping an eye on your dead relatives and friends
Posted on April 24, 2009It is becoming increasing common to keep a watchful eye on your children, property, elderly parents, and a less than trustworthy spouse by using a web cam and the Internet. Pollica, Italy, a city of less than 3,000 living inhabitants,...
Don't ask, don't tell -- charitable contribution style -- Update
Posted on April 24, 2009Earlier on this blog, I reported that several colleges were getting large contributions conditioned on the school promising not to ascertain the identity of the donors. According to Justin Pope, Colleges led by women getting mystery gifts, Lubbock Online, April...
Don't ask, don't tell -- charitable contribution style
Posted on April 23, 2009Charities, especially colleges, are getting large contributions conditioned on the charity promising not to ascertain the identity of the donors. Here are some details from Michael J. Crumb, Mystery donors give over $45M to 9 universities, Yahoo! News, April 16,...
MatchingDonors.com -- good or bad?
Posted on April 23, 2009MatchingDonors.com is a website which facilitates donees and living organ donors to connect. According to the site, it is "the most successful nonprofit organization that is improving those odds by finding living altruistic donors for patients needing transplants...
Robert Moshman has written a new
Posted on April 23, 2009Robert Moshman has written a new article entitled The Estate Analyst: "Planning in Fearful Times. Here is a summary of the article: The article discusses some of the reasons why estate planning has been turned on its head in these...
Disposition of Remains
Posted on April 23, 2009James T.R. Jones (Professor of Law, Louis D. Brandeis School of Law) has written a new article entitled Body, Body, Who Gets the Body? The Resolution of Bodily Remains Cases. Here is a summary of the article: The article gives...
Marlon Brando's trustees file suit for trademark infringement
Posted on April 22, 2009The trustees of Marlon Brando's trust have recently filed suit in Los Angeles against the companies that own and operate the Broadcast Center Apartments claiming that they are infringing on Brando's trademarked name. According to Michael Cieply, Protecting Brando Legacy,...
Successor Trustees
Posted on April 22, 2009In Alpert v. Riley, 274 S.W.3d 277 (Tex. App.?Houston [1st Dist.] 2008, pet. filed), A dispute arose as to whether a successor trustee was properly appointed under a trust provision allowing the current trustee to appoint a successor trustee or...
Helmsley money going to non-dog purposes
Posted on April 22, 2009Earlier on this blog, I reported that Surrogate Webber held that the trustees of the Leona M. and Harry B. Helmsley Charitable Trust which is the sole residuary beneficiary under Leona Helmsley's will, "may apply trust funds for such charitable...
Can a settlor be in breach of trust?
Posted on April 22, 2009In Alpert v. Riley, 274 S.W.3d 277 (Tex. App.?Houston [1st Dist.] 2008, pet. filed), Settlor created irrevocable trusts. Later, Trustee sued Settlor for breach of fiduciary duty. The court determined that Trustee lacked standing to sue Settlor because ?[a] trust...
Standard for awarding attorney's fees
Posted on April 21, 2009In Alpert v. Riley, 274 S.W.3d 277 (Tex. App.?Houston [1st Dist.] 2008, pet. filed), the trial court denied Beneficiaries? request to have attorney?s fees awarded against Trustee and Beneficiaries appealed. The appellate court reversed. Under Trust Code § 114...
Suspension of Required Mininium Distribution CLE
Posted on April 21, 2009The ABA's Section of Real Property, Trusts & Estate Law is sponsoring a teleconference and live audio webcast on May 12, 2009 entitled Planning Opportunities in the Wake of Suspension of the RMD. Here is a description of this program:...
Successor executors
Posted on April 21, 2009In Eastland v. Eastland, 273 S.W.3d 815 (Tex. App.?Houston [14th Dist.] 2008, no pet. h.), the probate court appointed Successor Executor even though the notice requirements of Texas Probate Code § 220(a) were not followed. Beneficiary appealed. The appellate court...
Standing of Executor to Appeal
Posted on April 20, 2009In the case of In re Estate of Denman, 270 S.W.3d 639 (Tex. App.?San Antonio 2008, pet. denied), Executor appealed a judgment of the probate court regarding the appropriate allocation of the generation-skipping transfer tax, that is, did the burden...
AALS Section on Trusts and Estates Spring 2009 Newsletter now available
Posted on April 20, 2009The AALS Section on Trusts and Estates Spring 2009 Newsletter has just been released. Please follow this link to read and/or download the Newsletter.
Trust contest -- fraud, undue influence, and duress
Posted on April 20, 2009In Cooper v. Cochran, 272 S.W.3d 756 (Tex. App.?Dallas 2008, no pet. h.), both the trial and appellate courts agreed that an inter vivos trust was invalid because Settlor was induced to enter into the trust because of fraud, duress,...
Top SSRN Downloads
Posted on April 20, 2009Here are the top downloads from February 19, 2009 to April 20, 2009 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 251 2008 Developments...
Agreement of majority of beneficiaries does not have effect as a judicially-approved accounting
Posted on April 19, 2009A trust agreement provided that approval of the trustee?s accounting by a majority of the income beneficiaries would ?have the same effect? as if a court having jurisdiction over the trust had approved the accounting. The court in Vena v....
Another dead man's sperm is harvested
Posted on April 19, 2009Earlier on this blog, I reported that a Texas probate judge authorized dead man's mother to harvest his sperm. In another case, a New York judge allowed a dead man's girl friend to harvest his sperm. Here are some of...
Apportionment of GSTT
Posted on April 18, 2009In the case of In re Estate of Denman, 270 S.W.3d 639 (Tex. App.?San Antonio 2008, pet. denied), a dispute arose regarding whether generation-skipping transfer taxes should be allocated against the residuary estate or against the generation-skipping transfer...
Interpretation of trust amendment
Posted on April 18, 2009In Soefje v. Jones, 270 S.W.3d 617 (Tex. App.?San Antonio 2008, no pet. h.), Brother and Sister disputed the construction an amendment to Mother?s trust. Brother argued that the amendment only added to the property to which Sister was entitled...
Maryland authorizes statutory pet trusts
Posted on April 17, 2009On April 14, 2009, Maryland's Governor O'Malley signed into law House Bill 149 which authorizes statutory pet trusts. Here are some of the key features of this statute: The animal must be alive during the settlor's lifetime. [Est. & Trusts...
"The Codicil" recognized by Law Technology News
Posted on April 17, 2009The Codicil, the on-line companion to the Estate Planning & Community Property Law Journal at the Texas Tech University School of Law was recently recognized in Robert Ambrogi, WEB WATCH: Academic Innovation, Law Technology News, April 2009. Here is an...
Will contest in Georgia pits family against mistress
Posted on April 17, 2009An interesting will contest is brewing in Georgia. Here are some of the facts as reported in Bill Rankin, New fight over will of millionaire, Atlanta Journal-Constitution, April 14, 2009: Harvey Strother was a successful car dealer in Georgia. Harvey's...
Postmortem conception analyzed
Posted on April 16, 2009Kristine S. Knaplund (Professor of Law, Pepperdine University School of Law) has recently posted on SSRN her article entitled Postmortem Conception and a Father's Last Will. Here is the abstract of her article: Many men, including soldiers, cancer patients, and...
The distributive justice--charitable deduction interface
Posted on April 16, 2009Miranda Perry Fleischer (Associate Professor of Law, Univ. of Illinois College of Law) has recently posted on SSRN her article entitled Theorizing the Charitable Tax Subsidies: The Role of Distributive Justice. Here is the abstract of her article: Distributive justice...
Could giving up United States citizenship be a part of a good estate plan?
Posted on April 16, 2009Kathleen Macaulay (LLM Taxation Candidate, Univ. of Houston Law Center) has recently posted on SSRN her article entitled Take the Money and Run - The Impact of the HEART Act on the Ultimate Estate Plan: Expatriation to Avoid U.S. Income,...
Reverse Exchanges
Posted on April 16, 2009Bradley T. Borden (Associate Professor of Law, Washburn Univ. School of Law) has written an article entitled Financing Reverse Exchanges and Safeguarding Exchange Proceeds, 22 J. Tax'n & Regulation of Fin. Inst. 33 (2008). Here is the abstract of the...
Paying attorneys not to practice law
Posted on April 15, 2009In a move to lower expenses, some law firms are paying their associates not to work! Sounds like they are following the business model of the U.S. government which pays farmers not to farm. Here are some details from Susan...
Whom have you now outlived?
Posted on April 15, 2009A new website, Dead.AtYourAge.com, will compute your age and then tell you the famous people whose lifespan was less than yours. I just learned that I have "outlived Louis Adamic by almost three weeks. He was an American novelist who...
New form book published
Posted on April 15, 2009The American Bar Association has recently published a book entitled Estate Planning Forms authored by L. Rush Hunt (Madisonville, Kentucky). Here is a description of this book: An estate plan can have several elements--a will; an assignment of power of...
Taxes due today!
Posted on April 15, 2009Happy (?) Tax Day!! Be sure to file your income and gift tax returns promptly or obtain the appropriate extension.
Valuing annuities
Posted on April 14, 2009Wendy Gerzog (Professor of Law, University of Baltimore School of Law) has recently posted on SSRN her article entitled Anthony: Absolute Actuarial Tables, 121 Tax Notes (2008). Here is the abstract if her article: Anthony v. United States is the...
The viability of family limited partnerships
Posted on April 14, 2009The following excerpts are from Covering Your Assets, Wall St. J., April 12, 2009: Recent tax-court victories have breathed new life into family limited partnerships, a strategy that affluent families have used for years to shelter assets and reduce gift...
Bugatti Bequest
Posted on April 14, 2009In June 2007, Dr. Harold Carr died at age 89 without a spouse and without descendants. He left his estate to his nieces and nephews. When they looked in his garage, they discovered to their amazement a Type 57S Atalante...
Genetic Mother May Adopt Child Birthed by Life Partner
Posted on April 14, 2009The following posting is supplied through the kindness of Bridget J. Crawford (Professor of Law and Associate Dean for Research and Faculty Development, Pace Law School) and is from her posting on the Feminist Law Professors Blog. Manhattan Surrogate Court...
How to make your survivors remember you well? Die organized!
Posted on April 13, 2009Perhaps one of the kindest things you can do for your survivors (family members, beneficiaries, and heirs) is to have your financial matters organized so they can ascertain what you owned and where the assets are located. Here are some...
2008 Federal Tax Update
Posted on April 13, 2009Samuel Donaldson (Professor of Law and, Director, Graduate Program in Taxation, University of Washington School of Law) has recently posted his article on SSRN entiteld 2008 Federal Tax Update. Here is the abstract of the article: This update explains several...
Bad economy means good time for GRATs
Posted on April 13, 2009The potential benefits of using a grantor-retained annuity trust are discussed in Nate Hardcastle, A Time for Giving, Wall St. J., April 13, 2009. Here are a few excerpts from this article: Some estate-planning professionals are urging clients to take...
Top SSRN Downloads
Posted on April 13, 2009Here are the top downloads from February 9, 2009 to April 10, 2009 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 246 2008 Developments...
Disclaimers and Louisiana Law
Posted on April 12, 2009Matthew D. Simone (Casenote/Comment Editor, Loyola Law Review) has recently published his comment entitled Louisiana Post-Mortem Estate Planning -- Alleviating the Burden of Double Taxation Imposed Against a 'Renunciation in Favor of,' 54 Loy. L. Rev...
Face transplant #7 performed in Boston
Posted on April 12, 2009On the heels of the face transplant number six which I reported yesterday, the seventh face transplant was performed in Boston on April 9, 2009. Here are some details from O?Ryan Johnson and Jessica Fargen, Boston docs perform face transplant,...
Update on mom who harvest dead son's sperm
Posted on April 11, 2009Earlier on this blog, reported how Travis County Texas (Austin) Probate Judge Guy Herman ruled on Monday (April 6, 2009) that a dad man's mother (Marissa Evans) could harvest his sperm. Here is some additional information: The sperm was harvested...
Face transplant #6 takes place in France and includes hands
Posted on April 11, 2009Last week, the sixth face transplant was performed in France. The unique thing about this operation is that it also included the transplantation of two hands. The operation took place at the Henri Mondor hospital in Creteil, a suburb of...
California rejects mishandling of donated body claim
Posted on April 10, 2009James Conroy died in 1999 and his body was transferred to the University of California at Irvine for study under the school's Willed Body Program. Later, his wife, Evelyn Conroy, heard reports that some of the bodies were not properly...
Women caught collection life insurance proceeds on made-up individuals
Posted on April 10, 2009Two California women have recently been caught running a scam that allegedly worked like this: Faye Shilling and Jean Crump would create a fictional person and then take out life insurance on his or her life. They would then wait...
Benefits of intentionally defective grantor trust
Posted on April 10, 2009The following excerpts are from Mike Spector and Anne Tergesen, Unusual Trusts Gain Appeal in Unusual Time, Yahoo! Finance, April 10, 2009: It may seem hard to come up with a financial product with a name as unattractive as an...
Colorado authorizes designated beneficiary agreements
Posted on April 10, 2009Yesterday (April 9, 2009) Colorado Governor Bill Ritter signed into law House Bill 1260. This new law permits two people (either opposite-sex or same-sex) to sign a "designated beneficiary agreements" for various estate planning matters such as wills, property purchases,...
Trust law and unconscionability defense
Posted on April 09, 2009David Horton (Lecturer in Residence, Boalt Hall) has written an article entited Unconscionability in the Law of Trusts, 84 Notre Dame L.Rev (Fall 2008). Here is a summary of the article from SSRN: This Article claims that trust law should...
Courtney Love to sue Kurt Cobain's Estate
Posted on April 09, 2009The widow of singer Kurt Cobain who died fifteen years ago, Courtney Love, has indicated the she plans to file suit against Kurt's estate in an attempt to recoup millions of dollars she claims has been improperly taken from his...
GST Tax CLE
Posted on April 09, 2009The National Constitution Center is sponsoring an audio conference on May 13, 2009 entitled Administering the Generation Skipping Transfer Tax in Estate Planning. Here is a summary of the program: Generation Skipping Transfer Tax was designed to maximize wealth accumulation...
Valuation discounts
Posted on April 09, 2009Wendy Gerzog (Professor of Law, University of Baltimore School of Law) has recently posted on SSRN her article entitled Valuation Discounting Techniques: Terms Gone Awry, 61 Tax Law. (Oct. 2008). Here is a summary of the article from SSRN: Fair...
The benefits of a Nevada trust
Posted on April 08, 2009Robert L. Moshman (Writer and Attorney) has written a new article entitled The Estate Analyst: "Nevada-nizing Asset Protection", Mar. 4, 2009. Here is a summary of the article: Wouldn't it be great to be able to write your own trust?!...
IRA advice
Posted on April 08, 2009Martin Shenkman (Member, Martin M. Shenkman, P.C.) and Ira S. Herman, MS, CPA (Partner, J.H. Cohn) have written an article entitled IRAs and Retirement Plans Traps and Planning Tips, Mar. 23, 2009. Here is a summary of the article: Estate...
Harvest of a dead man's sperm authorized by Texas judge
Posted on April 08, 2009On Sunday (April 5, 2009), Nikolas Evans died. Travis County Texas (Austin) Probate Judge Guy Herman ruled on Monday (April 6, 2009) that Nikolas' mother (Marissa Evans) could harvest his sperm. Nikolas had indicated that he wanted to have three...
Estate tax reform
Posted on April 08, 2009Lily Batchelder (Professor of Law, NYU Law) has written a new article entitled Estate Tax Reform: Issues and Options, Tax Notes, Feb. 2, 2009. Here is a summary of the article: The upcoming one-year repeal of the federal estate tax...
Be a trustee -- good or bad idea?
Posted on April 07, 2009Patricia M. Annino (Partner, Prince Lobel Glovsky & Tye LLP), Thomas D. Davidow, Ed. D (Founder, Thomas D. Davidow & Associates), and George Burns (Shareholder, Bernstein Shur) have written an article entitled With the Continuous Collapse of Major Financial Institutions,...
Same-sex marriage will be legal in Vermont
Posted on April 07, 2009Earlier today (April 7, 2007), the Vermont Legislature overrode the veto of a bill allowing same-sex couples to marry. Governor Jim Douglas had vetoed the bill yesterday but today the Legislature was able to obtain exactly the minimum number of...
Wealthy widow dies for lack of medical care
Posted on April 07, 2009Mary McCarthy recently died at age 108 in Cuba. Her husband died in 1951 leaving her a considerable fortune in a Boston bank. However, because of the trade embargo imposed by the United States government in 1962, she could not...
International trusts CLE
Posted on April 07, 2009Financial Events International is sponsoring a conference entitled Trusts in a Time of Turmoil in Geneva on June 16, 2009. Here is a description of the program: This conference will look at the impact that recent events in the world...
Why the estate tax is good
Posted on April 06, 2009Earlier on this blog, I discussed an article explaining why the estate tax is evil. In an unsigned editorial, the New York Times has now advocated the benefits of the estate tax in The Forgotten Rich, NY Times, April 2,...
Conditional Gift or Precatory Request?
Posted on April 06, 2009What is the effect of a statement in a will that the testator's children tithe their testamentary gifts to their church? Is this a conditional gift (e.g., you must give 10% of your gift to the church as a condition...
More on Madoff scandal
Posted on April 06, 2009Robert Moshman (Writer and Attorney) has written an article entitled The Estate Analyst: "Scam Relief for Madoff Victims", Feb. 28, 2009. Here is a summary of his article: This article highlights some of the more famous losers of the Madoff...
Proposed Conduit Financing Regulations
Posted on April 06, 2009Jeffrey "Jeff" Rubinger (Partner, Holland + Knight) has written an article entitled Proposed Conduit Financing Regulations Treat Disregarded Entities as Regarded Entities, Mar. 2, 2009. Here is a summary of the article: The IRS has issued a proposed regulation that...
Same-sex marraiges likely to start in Iowa on April 24, 2009
Posted on April 05, 2009Earlier on this blog, I reported that the Iowa Supreme Court in Varnum v. Brien (No. 07-1499) held that the Iowa statute banning same-sex marriage is unconstitutional as a violation of equal protection. It now appears that the county attorney...
Top SSRN Downloads
Posted on April 05, 2009Here are the top downloads from February 4, 2009 to April 5, 2009 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 244 2008 Developments...
The Hearst conservatorship
Posted on April 04, 2009Below is a summary of the events surrounding the recent Hearst conservatorship proceedings: George Hearst, Jr. (Chairman, Hearst Corp.) is seeking to be the conservator of his twin sister's (Phoebe Hearst Cooke) estate with an estimated value of between $1...
Dead Men Reproduction -- What should be done?
Posted on April 04, 2009Browne Lewis (Assistant Professor of Law, Cleveland-Marshall College of Law) has recently published her article entitled Dead Men Reproducing: Responding to the Existence of Afterdeath Children, 16 Geo. Mason L. Rev. 403 (2009). Here the syllabus from the SSRN version...
Vermont House moves forward on same-sex marriage bill
Posted on April 03, 2009Vermont, which already recognized civil unions nine years ago, may be on the brink of authorizing same-sex marriage. The bill allowing same-sex marriage had already passed the Vermont Senate and has advanced in the House meaning that it is most...
Link to Iowa case holding same-sex marriage ban unconstitutional now available
Posted on April 03, 2009Earlier today, I reported that the Iowa Supreme Court held that the Iowa statute banning same-sex marriage is unconstitutional as a violation of equal protection. Here is some additional information: The style of the case is Varnum v. Brien (No....
Iowa Supreme Court holds ban on same-sex marriage unconstitutional
Posted on April 03, 2009Earlier today (April 3, 2009), the Iowa Supreme Court ruled that the Iowa statute banning same-sex marriage was in violation of the Iowa constitution. The court stated that "a statute inconsistent with the Iowa constitution must be declared void even...
Cross-cultural interdisciplinary inheritance writings -- Suggestions sought
Posted on April 03, 2009The following post is made on behalf of Shari Motro (Associate Professor of Law, University of Richmond School of Law): I am preparing a packet of materials to supplement my Wills and Trusts syllabus. My goal is to compile a...
Houston area law firm seeks probate and estate lawyer
Posted on April 02, 2009The following adverstisement appears in Classified Advertising, 72 Tex. B.J. 232, 233 (2009): PROBATE/ESTATE PLANNING LAWYER sought by firm located in Sugar Land with Houston Galleria office, serving Harris and Fort Bend counties. Opportunity for qualified lawyer to join established...
Ave Maria University holds mass in honor of Terri Schiavo
Posted on April 02, 2009Tuesday (March 31, 2009) was the fourth anniversary of the death of Terri Schiavo who died after being removed from life support. Ave Maria University, a Catholic university in Florida, celebrated a mass in Terri Schaivo's honor. See University hosts...
Why the estate tax is evil
Posted on April 02, 2009The following excerpts are from Arthur B. Laffer, Spend It in Vegas or Die Paying Taxes -- A 0% tax on carousing, but 55% on thrift, Wall St. J., April 2, 2009: In most cases, people who inherit wealth are...
Tall man may have had legs chopped off to fit in coffin
Posted on April 02, 2009An investigation is being conducted in Allendale, South Carolina to determine whether Cave Funeral Services severed James Hines' legs so that he would fit inside his coffin. James died from skin cancer in 2004 and was 6' 5" tall. On...
Happy April Fools Day
Posted on April 01, 2009Happy April Fools Day!! I hope you are not deceived today! Important Note: Be sure that your computer's anti-virus program's defintions are up-to-date so you are not infected with the Conficker virus. For more information, see McNelly Torres, Computer worm...
Texas lawyer suspended for actions in probate case
Posted on April 01, 2009A Rockwall, Texas lawyer received a six-month, fully probated suspension from the practice of law for his actions in regard to a probate case. Here are the details from Disciplinary Actions, 72 Tex. B.J. 216, 218 (2009): On June 6,...
Irrevocable life insurance trusts explained
Posted on April 01, 2009Martin M. Shenkman (Member, Martin M. Shenkman, P.C.) has written a new article entitled The Practical Planner: "Insurance Trusts (ILIT) Not So Simple", Feb. 2, 2009. Here is a summary of the article: Irrevocable Life Insurance Trusts ("ILITs") are a...
Prof. Sitkoff delivers Trachtman Lecture at ACTEC Annual Meeting
Posted on April 01, 2009Robert Sitkoff (John L. Gray Professor of Law, Harvard Law School) recently presented the Tractmas Lecture at the 2009 Annual Meeting of the American College of Trust and Estate Counsel. Here is an excerpt from Harvard's press release: In his...
Potential problems with the Uniform Disclaimer of Property Interests Act of 2000
Posted on March 31, 2009Adam Hirsch (William and Catherine VanDercreek Professor of Law, Florida State University College of Law) has recently posted on SSRN his article entitled Disclaimer Law and UDPIA's Unintended Consequences. Here is the abstract of his article which is slated to...
Gift Planning
Posted on March 31, 2009Martin M. Shenkman (Member, Martin M. Shenkman, P.C.) has written a new article entitled The Practical Planner: "Gift Planning During Economic Uncertainty", Dec. 31, 2008. Here is a summary of the article: Gift planning is a substantial part of estate...
Texas lawyer disbarred for probate misconduct
Posted on March 31, 2009The following is a description of the conduct which caused an Irving, Texas lawyer to be disbarred on June 2, 2008: An evidentiary panel of the District 6A-B2 Grievance Committee found that [attorney's] great uncle executed a will naming [him]...
Estate tax -- past and possible future
Posted on March 31, 2009Robert Moshman (Writer and Attorney) has written an article entitled The Estate Analyst: "Plateau or Pinnacle", Jan. 28, 2009. Here is a summary of the article: The article overviews the past 8 years of the fabled estate tax repeal. It...
Article explains benefits of having a will and how to get one
Posted on March 30, 2009A recent widely distributed AP article contains some excellent advice on why it is a good idea to have will. Here are some of the benefits mentioned in Candice Choi, Don't let death steal your wishes: Write a will and...
Estate planning malpractice analyzed
Posted on March 30, 2009Sharon B. Gardner (Partner, Crain Caton & James, Houston, Texas) has recently published her article entitled Project Runaway--One Day You're In As the Attorney and the Next Day You're Out!, 1 Est. Plan. & Comm. Prop. L.J. 111 (2008). Here...
UK doctor to sell euthanasia kits
Posted on March 30, 2009Dr. Philip Nitschke, the Australian doctor known as "Doctor Death," will start selling his euthanasia kits in the United Kingdom in May 2009 and internationally shortly thereafter. His kit provides chemicals that the user mixes with barbiturates and when they...
Retirement Benefit Planning
Posted on March 30, 2009Alvin J. Golden (Ikard & Golden, P.C., Austin, Texas) has recently published his article entitled Selected Problems in Planning with Retirement Benefits: Community Property Issues and Creditor's Rights, 1 Est. Plan. & Comm. Prop. L.J. 169 (2008). The article covers...
Top SSRN Downloads
Posted on March 29, 2009Here are the top downloads from January 28, 2009 to March 29, 2009 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 236 2008 Developments...
Equal may not be fair
Posted on March 29, 2009Many parents believe that dividing their estate equally among the children is a fair way to distribute their property. However, this may not be the case. The following excerpt is from Eileen Aj Connelly, With wills, 'equal' not always '...
Britany Spears' conservator forces fan website to close
Posted on March 28, 2009Jordan Miller operates two websites (www.BreatheHeavy.com and www.BritneyRes.com) devoted to his "inspiration," Britany Spears. Britany's conservator, Jamie Spears, has requested that he close the websites because Mr. MIller is using her name and image for financial gain without her consent...
Anna Nicole Smith's body disposition judge accused of elder abuse
Posted on March 28, 2009Judge Larry Seidlin who gained fame as the presiding judge over the hearing to determine the proper disposition of Anne Nicole Smith's body, is now under investigation for elder abuse. Here are some details from Bob Norman, Judge Larry Under...
AALS Section on Trusts and Estates Call For Papers for 2010 AALS Annual Meeting
Posted on March 27, 2009Trusts and Estates law was for centuries a fairly stable, if dusty, body of doctrine. Over the past few decades, however, striking changes in the economic, legal and social landscape have prompted an explosion of new doctrinal developments. Major trends...
Yale fights to keep Night Cafe
Posted on March 27, 2009Yale graduate Stephen Carlton Clark, the founder of the Baseball Hall of Fame, left the Van Gogh painting entitled Night Cafe to Yale. Now, a descendant (Pierre Konowaloff) of the original owner (Ivan Morozov) claims that the property was improperly....
FLP victory for IRS -- but, taxpayer made it easy
Posted on March 27, 2009On March 26, 2009, the Tax Court decided Estate of Jorgenson v. Commissioner, T.C. Memo 2009-66. In this case, the court held that all assets of a family limited partnership were included in the decedent's estate -- a big victory...
If confessing on deathbed, be sure you are going to die!
Posted on March 26, 2009James Brewer recently had a stoke and thought his days on this earth were few. Accordingly, to "cleanse his soul," he confessed to a murder he committed over 30 years ago. However, his estimate on his remaining days was wrong....
Anne Nicole Smith -- More evidence against her psychiatrist
Posted on March 26, 2009Earlier on this blog, I discussed that on March 12, 2009, Howard K. Stern (Anna Nicole Smith's partner and attorney) and her two doctors (Sandeep Kapoor and Khristine Eroshevich) were charged with 8 felonies which include a variety of drug...
Open-Air Cremation
Posted on March 26, 2009Many followers of the Hindu religion desire to have an open-air cremation rather than being cremated in a traditional crematorium. The ability of a person to have an open-air cremation is currently being debated in the United Kingdom. Here are...
Deferring estate taxes under IRC § 6166
Posted on March 25, 2009Kimberly Leach Johnson(partner, Naples office, Quarles & Brady LLP) & Amalia Levit Todryk(associate, Milwaukee office, Quarles & Brady LLP) have recently published their article entitled Planning for the Payment of Estate Taxes for Illiquid Estates Owning Real Estate -- The...
Madoff's prison number proves lucky
Posted on March 25, 2009Ralph Amendolaro (Queens, N.Y.) saw Bernie Madoff in a prison outfit and noticed his prisoner number. He used the last three digits, 054, to play the New York State Lottery's Number game and was lucky. He won $1,500 on a...
Impact of amended UPAIA § 409
Posted on March 25, 2009Steven B. Gorin (partner, Private Client practice group, Thompson Colburn LLP) has recently published his article entitled Principal and Income Act Amendment Saves the Marital Deduction for Retirement Plans, Prob. & Prop., March/April 2009, at 12. Here is an excerpt...
Estate planning to protect the family vacation home
Posted on March 25, 2009William S. Forsberg (shareholder, Leonard Street and Deinard) has recently published his article entitled The Family Vacation Home: Keeping It in the Family is Hard to Do -- It's More About Cooperation Than Planning!, Prob. & Prop., March/April 2009, at...
Body disposition desires of PETA founder, Ingrid Newkirk
Posted on March 24, 2009The founder of PETA (People for the Ethical Treatment of Animals) Ingrid Newkirk has recently released her disposition of remains document. Here are some of her desires: The meat of her body is to be used for a human barbecue....
Pomerey Bill analyzed
Posted on March 24, 2009Martin M. Shenkman (Member, Martin M. Shenkman, P.C.) has written a new article entitled The Practical Planner: "Estate Tax Proposed Legislation: Analysis of Pomeroy Bill." Here is a summary of the article: The article overviews some of the changes that...
Beneficiary defective inheritor's trust
Posted on March 24, 2009Robert Moshman (writer and attorney) has written an article entitled The Estate Analyst: "Freeze, Squeeze & Burn Trusts", Feb. 15, 2009. Here is a summary of the article: Richard Oshins has come up with a completely new approach for estate...
Peter Falk Update
Posted on March 24, 2009Earlier on this blog, I reported that actor Peter Falk's (aka Columbo) daughter (Catherine) had petitioned the court to take over her father's affairs claiming that he was suffering from Alzheimer's. On February 19, 2009, the court appointed attorney (Clark...
Do you need Twitter?
Posted on March 23, 2009Having joined Facebook years ago at the urging of my students, I am now wondering whether I need to take the "next step" and use Twitter. Personally, I sometimes wonder why I even care what I'm doing at the moment,...
Top SSRN Downloads
Posted on March 23, 2009Here are the top downloads from January 21, 2009 to March 22, 2009 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 142 Hurford: FLP...
Should probate court records be secret?
Posted on March 23, 2009Frank S. Ganz (J.D. 2009, Quinnipiac University School of Law) has recently published his note entitled Privacy in Probate Court: Why Connecticut Should Seal the Record, 22 Quinnipiac Prob. L.J. 136 (2009). Here is the conclusion of his article: The....
Importance of reviewing your will
Posted on March 23, 2009Although wills of individuals with large estates need to be reviewed in light of the possible changes to the federal estate tax, all wills should be reviewed on a regular basis as explained in Paul Sullivan, Smaller Though It May...
Modern Family CLE
Posted on March 22, 2009The State Bar of Texas is sponsoring a live webcast on March 26, 2009 entitled Estate Planning Strategies for Same Sex and UnMarried Couples: Leave it to Beaver Meets Will and Grace: Traditional Estate Planning Tools Morph for New Planning...
Could you live on $53,000 per week?
Posted on March 22, 2009Marie Douglas-David (36) is in the process of divorcing her husband, George David (67). Marie claims that she needs $53,000 per week to cover her expenses. In the divorce action, she wants the court to award her $100 million plus...
Where have all the graves gone?
Posted on March 21, 2009The following excerpts are from Brian Farkas, As W.Va. coal companies expand, graves go missing, Yahoo!News, March 9, 2009: [Problems are coming to light in] West Virginia as small family cemeteries and unmarked graves get in the way of mining,...
Live4you.org charged with wire fraud
Posted on March 21, 2009Liver4you.org provides on its website as follows: Living donor kidney transplant is done in two medical centers located in the Philippines. These centers operate in full compliance with the Philippine Ministry of Health and meet all international standards applicable worldwide...
Planning for Digital Estates -- Updated Company List
Posted on March 20, 2009Earlier on this blog, I discussed the importance of planning for a client's on-line matters such as passwords, e-mail accounts, Facebook pages, etc. and posted a list of companies which offer helpful services. Here is an updated list in alphabetical....
Advising victims of Madoff fraud CLE
Posted on March 20, 2009ABA Section of Taxation and the Section of Real Property, Trust and Estate Law are co-sponsoring a teleconference and life audio webcast on March 26, 2009 entitled Tax Issues of the Madoff Scandal: Advising Victims of Investment Fraud. Here is...
Planning for Digital Estates -- Company List
Posted on March 20, 2009Earlier on this blog, I discussed the importance of planning for a client's on-line matters such as passwords, e-mail accounts, Facebook pages, etc. I am now being contacted by representatives of these companies and others regarding their services. Below is...
Tortious interference with expectation of inheritance
Posted on March 19, 2009Diane J. Klein (Visiting Professor of Law, UCLA School of Law and Associate Professor of Law, University of LaVerne College of Law) has recently published her article entitled River Deep, Mountain High, Heir Disappointed: Tortious Interference with Expectation of Inheritance--A...
Madoff was executor of large estate
Posted on March 19, 2009According to Mark Seal, Madoff?s World, Vanity Fair, April 2009: Once, after [Norman F.] Levy?s health began to fail, Madoff arranged for a helicopter to transport him for medical treatment. And when Levy died, in 2005, at 93, Madoff delivered...
Spring AALS Trusts & Estates Newsletter -- Call for Updates
Posted on March 19, 2009Prof. Laura Rosenbury, Washington University School of Law, is compiling information for the spring newsletter of the AALS Section on Trusts and Estates. Please email her with news of your or your colleagues? accomplishments, publications, career moves, service, and other...
Suicide and Gifts Causa Mortis
Posted on March 19, 2009Adam MacLeod (Associate Professor of Law, Faulkner University, Jones School of Law) has recently published his article entitled A Gift Worth Dying For? Debating the Volitional Nature of Suicide in the Law of Personal Property, 45 Idaho L. Rev. 93...
Ex-wife can keep deceased ex-husband's retirement plan proceeds
Posted on March 18, 2009The United States Supreme Court recently decided Kennedy v. Plan Adm?r for DuPont Sav. and Inv. Plan, 129 S. Ct. 865 (2009). Here is an excerpt from the syllabus of this unanimous opinion authored by Justice Souter: The Employee Retirement...
Faking death to collect life insurance proceeds
Posted on March 18, 2009In an attempt to dig out of financial misfortune (or to obtain financial fortune), some people will fake their own deaths to collect life insurance proceeds. To see how some of these plans failed, see I Killed Myself: True Stories...
More on planning for digital estates
Posted on March 18, 2009Earlier on this blog, I discussed the importance of planning for a client's on-line matters such as passwords, e-mail accounts, Facebook pages, etc. Some people are also finding it important to plan for the demise of their on-line game identities...
Britney Spears' conservatorship -- update
Posted on March 17, 2009The attorneys for pop singer Britney Spears believe that her conservatorship is too conservative. The following excerpts are from Harriet Ryan, Britney Spears' conservatorship compared to Soviet oppression, LA Times, March 13, 2009: Attorneys for Britney Spears? father [appeared in...
Courtroom foes share kidneys
Posted on March 17, 2009Two Texas lawyers put aside courtroom differences to share their kidneys. Here are the details from Jessica Cooley, Lawyer gives kidney to fellow Baylor Law School graduate whom he often faced in court, Waco Tribune, March 9, 2009: Scott Skelton,...
LatCrit call for papers
Posted on March 17, 2009The following post is made as a courtesy to Nick Federico (Deans Fellow to Professor Anthony Varona, Professor of Law at the American University, Washington College of Law): The LatCrit XIV Host Committee invites the submission of proposals for panels...
Tortious interference with expectation of inheritance
Posted on March 16, 2009Diane J. Klein (Visiting Professor of Law, UCLA School of Law and Associate Professor of Law, University of LaVerne College of Law) has recently published her article entitled ?Go West, Disappointed Heir?: Tortious Interference with Expectation of Inheritance?A Survey with...
Top SSRN Downloads
Posted on March 16, 2009Here are the top downloads from January 15, 2009 to March 16, 2009 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 117 Hurford: FLP...
Dead Man Deportation
Posted on March 16, 2009Is death a reason to stop a deportation proceeding? Apparently not, even though the dead body has already left the United States. The following is from Anna Gorman, A deportation case against a dead man, LA Times, March 16, 2009:...
Stanford has big tax bill
Posted on March 16, 2009According to IRS seeks $227 million in back taxes from Stanford, Yahoo!News, March 16, 2009: The U.S. Internal Revenue Service has asked a judge to let it to continue to seek unpaid back taxes from Allen Stanford, the billionaire Texan...
Obama reverses stand -- willing to tax health care benefits as income
Posted on March 15, 2009While campaigning for President, Senator Barack Obama pledged that he would not tax health care benefits as income. He claimed that such a change in the law would be ?the largest middle-class tax increase in history.? Now that he has...
Next
Related Law Articles
Legal Forms
Business and Commercial Legal Forms
State Will Statutes
State Differences in Last Will and Testament Checklist
Grandparents Visitation Rights
Every state lets elderly grandparents petition to visit grandchildren
Living Wills and Powers of Attorney
Laws effecting the elderly
Related Law Questions
I myself live in chicago and i believe me grandmother and father have left me property in flordia but i belive my father is trying to hide it from me. i was wondering if anybody knows how i can get a copy of both of ther
public records or hire and attorney and have the documents subponead...
Is it libel to write blog posts and/or online reviews about a local business that defames one's reputation?
Libel is the form of defamation expressed in fixed-- usually written form. Sland...
#1 Online Legal Resource