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Estate Planning

Wills, Trusts & Estates Prof Blog

A resource to enhance the teaching of courses that address intestate succession, wills, trusts, estate administration, non-probate assets, planning for disability, and other matters pertaining to estate planning.
By Gerry W. Beyer

Post Frequency: 44.9/day

Last Entry: April 01, 2011 at 14:00:00

Family Fights Over Child's Body After Tragic Death

Posted on May 14, 2010
The parents of a six-year old boy from the Dallas-Fort Worth area are fighting over the control of their son's remains. This dispute marks the end of a very sad story: Gerren Isgrigg, six-years old, was blind, deaf, and unable...

Why Estate Plans Avoid Family Fued

Posted on May 13, 2010
The following is a list of reasons that good estate planning can help parents avoid family feuds among their children after they pass away: Parents hold families together. After the parents die, there is no one to keep rivalries in-check....

Discouraging Elder Abuse in Connecticut

Posted on May 13, 2010
Lisa C. Dumond (J.D. candidate 2010, Quinnipiac University) has recently published her note entitled The Undeserving Heir: Domestic Elder Abuser's Right to Inherit, 23 Quinnipiac Prob. L. J. 214 (2010). An excerpt from the introduction is below: The elder population...

Spring 2010 Newsletter -- AALS Section on Trusts and Estates

Posted on May 13, 2010
The Spring 2010 Newsletter from the AALS Section on Trusts and Estates is now available. Follow the link to read about exciting upcoming events and the activities of the Section's members.

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Unbundling Trust Fees

Posted on May 13, 2010
The Trust Advisor Blog reports on the confusion caused by the Supreme Court ruling in Knight v. Commissioner that trust management fees must not be bundled with trustee fees in one bill in order to be deductible. The IRS continues...

Finding a Better Way to Manage Estate Conflicts

Posted on May 12, 2010
Paul Fisher (attorney, Los Angeles, California) has published his article entitled The Power Tools of Estate Conflict Management: Recharging the Culture of Estate Conflicts, Part 1,Prob. & Prop., May-June 2010, at 42. An excerpt from the beginning of the article...

Cause-Related Marketing -- What are the tax consequences?

Posted on May 12, 2010
Terri Lynn Helge (Associate Professor of Law, Texas Wesleyan University School of Law) has recently posted on SSRN her article entitled The Taxation of Cause-Related Marketing, 85 Chi.-Kent L. Rev. ___ (forthcoming 2010). Here is the abstract of her article:...

Disagreement Over Handling of Herg�?s Estate

Posted on May 12, 2010
Georges Remi, better known as Herg�, passed away in Brussels in March 1983. His death marked the end of the adventures of the young reporter Tintin and his dog Snowy. Herg� made it clear that he did not want anyone...

Illinois -- Personal Liability of Executors and Trustees

Posted on May 11, 2010
Timothy L. Bertschy (Partner, Heyl, Royster, Voelker & Allen, Peoria, Illinois) has recently published his article entitled Personal Liability of an Executor or Trustee -- Time for Change, 98 Ill. B.J. 140 (2010). Here is the Journal's comment about the...

Estate Tax Action Expected Soon

Posted on May 11, 2010
On Tuesday, Senate Finance Chairman Max Baucus said that discussions on the small business bill and the estate tax are happening simultaneously. There most likely will have to be an agreement on both in order for both to advance, and...

Obstacles Same-Sex Couples Face When Moving to a Non-Recognition State

Posted on May 11, 2010
The recognition of same-sex marriage in a just a few states has created a number of legal obstacles for same-sex couples who marry in a state that recognizes their union but live in a state that does not: Same-sex couples...

Use of Non-Probate Transfers Increases, Causing One Estate Tax-Liability Problems

Posted on May 11, 2010
I recently reported on a Wisconsin Supreme Court decision holding that personal estates, not heirs, are liable for paying state and federal estate taxes. The decision resulted in a huge estate tax liability for the estate of a Wisconsin man...

Bruce Llewellyn's Health Care Dispute

Posted on May 10, 2010
Bruce Llewellyn, worth over $150 million, passed away on May 7, 2010 at the age of 80. The following is a summary of Llewellyn's final years, which involved disputes about` his medical treatment: In 2007, Llewellyn's wife admitted him to...

Adopting the Uniform Power of Attorney Act

Posted on May 10, 2010
Russell E. Haddleton (attorney, Hyannis, Mass.) has recently published his article entitled The Durable Power of Attorney is on the Way, Prob. & Prop., May-June 2010, at 50. An excerpt from the conclusion of the article is below: What Is...

Donating organs of family members

Posted on May 10, 2010
According to a survey by Donate Life America conducted in January 2010, 61% of the respondents would donate the organs of a family member if that family member were to die without making his or her wishes known.

Estate Tax Confusion Apparent in Recent Bloomberg Article

Posted on May 10, 2010
Hani Sarji, author of on the Future of the Federal Estate Tax blog, has posted an interesting analysis of a recent Bloomberg article. The article at issue, Death Tax Lives in Estate Repeal for Heir Who Must Sell Assets, Bloomberg,...

Family Cemeteries -- A Texas Tradition Continues

Posted on May 09, 2010
Doug Jordan (Abilene, Texas) has recently published his articled entitled Oh Bury Me (Not) On The Lone Prairie -- Establishing Family Cemeteries on Texas Farms and Ranches, 73 Tex. B.J. 374 (2010). Here is the introduction to his article: However...

Happy Mother's Day to All Mothers, including the Billionaire Moms

Posted on May 09, 2010
A recent Forbes article reports that there are just 70 billionaire moms in the world. Only eight of these billionaire moms are self-made billionaires. The rest billionaires are as a result of inheritances. Some of these billionaire mothers include the...

Top SSRN Downloads

Posted on May 09, 2010
Here are the top downloads from March 9, 2010 to May 8, 2010 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 271 The Federal...

Estate and Gift Tax Treatment of Copyright Termination Rights

Posted on May 08, 2010
Bridget J. Crawford (professor of law, Pace University) and Mitchell M. Gans (professor of law, Hofstra University) have published their article Sticky Copyrights: Discriminatory Tax Restraints on the Transfer of Intellectual Property, 67 Wash. & Lee L...

New Jersey Court Considers Right to Ending Life-Sustaining Treatment

Posted on May 08, 2010
A year ago, a New Jersey judge ruled that a hospital could not end life-sustaining treatment for a comatose patient against his guardian?s wishes. Although the patient has since died, a New Jersey appeals court recently heard arguments in the...

Advising Same-Sex Couples

Posted on May 07, 2010
Raymond Prather (attorney and partner, Chicago, Ill.) has recently published his article entitled Considerations, Pitfalls, and Opportunities that Arise When Advising Same-Sex Couples, Prob. & Prop., May-June 2010, at 24. The introduction to the article is below: Same-sex couples are...

Suggestions for Estate Tax Planning

Posted on May 07, 2010
A recent Forbes article about the uncertainty of the estate tax covers many of the problems previously discussed on this blog and adds a couple of interesting points to the discussion: Because of changes to capital gains treatment, individuals passing...

Stretching Out IRAs

Posted on May 07, 2010
The term ?stretch IRA? describes the strategy used to stretch out the life as well as the tax advantages of an IRA. A spouse, child, or grandchild inherits a pretax IRA and then withdraws yearly amounts calculated according to his...

Trust Firms Reporting Positive Growth So Far This Year

Posted on May 06, 2010
The Trust Advisor Blog reports that trust departments in full-service banks and specialized trust firms saw an increase in assets and profits during the first quarter of 2010. While other departments within full-service banks continue to face problems, wealth management...

'Surnamed Charitable Trusts: Immortality at Taxpayer Expense'

Posted on May 06, 2010
William A. Drennan (assistant professor of law, Southern Illinois University) has recently published his article entitled Surnamed Charitable Trusts: Immortality at Taxpayer Expense, 61 Ala. L. Rev. 225 (2010). An excerpt from the beginning of the article is below: Charitable...

Wisconsin Supreme Court Finds Estates Responsible for Taxes

Posted on May 06, 2010
On Tuesday, the Wisconsin Supreme Court ruled that personal estates, not heirs, are liable for paying state and federal estate taxes. However, the Court declined to adopt an apportionment rule that would divide the tax liabilities when the deceased does...

Resolving the Identity Crisis of Default Succession Laws

Posted on May 05, 2010
Lee-ford Tritt (associate professor of law, University of Florida) has recently published an article entitled Technical Correction or Tectonic Shift: Default Rule Theories Under the New Uniform Probate Code, 61 Ala. L. Rev. 273 (2010). An excerpt from the introduction...

Even Lawmakers are Uncertain About the Estate Tax...

Posted on May 05, 2010
It's May, and five months have passed without a federal estate tax. When can estate planners expect any resolution as the uncertainty of the estate tax in 2010 and beyond? According to two House leaders who recently addressed the issue,...

Hot Topics in Estate Planning CLE

Posted on May 04, 2010
The ABA section of Real Property, Trust and Estate Law is sponsoring a teleconference and live audio webcast CLE entitled Live From The Meeting: Hot Topics in Estate Planning 2010 on Friday, May 7, 2010. A description of the program...

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