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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

Top SSRN Downloads

Posted on February 26, 2011
Here are the top downloads from December 26, 2010 to February 24, 2011 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 561 The Fundamentals...

The Worst States to Die In

Posted on February 25, 2011
With the new $5 million federal estate tax exemption, few people need to worry about federal estate taxes. However, many states have their own estate or inheritance taxes that kick in at a much lower level. Bill Bischoff wrote an...

Provisions for Ex-Spouse in Contractual Will Revoked by Statute

Posted on February 25, 2011
In In re Estate of Pence, 327 S.W.3d 570 (Mo. App. 2010), husband and wife executed a joint contractual will that divided the estate between their daughters by previous marriages on the death of the second to die. After thirty...

Michael Jackson's Children Think Dr. Murray is Innocent

Posted on February 25, 2011
I previously blogged about Dr. Murray?s upcoming wrongful death trial for his involvement with Michael Jackson?s death here and here. MJ?s children don?t think that Dr. Murray had anything to do with their father?s death because MJ constantly bragged to...

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How Advisors Can Help Clients with Signs of Dementia

Posted on February 25, 2011
One of the early signs of dementia is the inability to understand simple financial concepts, such as how bank statements or bill payments work. Within a year, patients lose more basic skills, such as paying with cash and counting coins....

Obama Justice Department Drops Defense of Anti-Same-Sex Marriage Law

Posted on February 24, 2011
I recently blogged that the Obama administration may be forced to take a stand on same-sex marriage due to two new lawsuits filed in New York and Connecticut. The Obama Justice Department has defended the Defense of Marriage Act in...

Future of Private Placement Life Insurance

Posted on February 24, 2011
Rafael Rodriguez (2011 J.D. Candidate, Texas Tech University School of Law) recently published his comment entitled Cashing in the Policy: Will Looming Financial Regulation End the Use of Private Placement Life Insurance in Estate Planning?, 3 Est. Plan...

Michael Jackson's Estate Earns Over $310 Million Since His Death

Posted on February 24, 2011
When Michael Jackson died on June 25, 2009, he had over $400 million in debt. The estate has since recovered much of that debt and negotiated deals for video games, albums, and movies. In less than two years, Jackson?s estate...

Top 50 Charitable Donors Gave Less in 2010

Posted on February 24, 2011
Despite the hype surrounding the Giving Pledge last year, the top 50 private donors in the U.S. gave less in 2010 than they did in the previous nine years. In 2006 the 50 biggest private donors gave out $50.7 billion...

Struggle to Save Newcomb College Over; LA Supreme Court Refuses to Hear Case

Posted on February 23, 2011
I previously blogged about Susan Henderson Montgomery asking the Louisiana Supreme Court to hear an appeal in the case of Montgomery v. Tulane. On Friday, four justices of the Louisiana Supreme Court voted not to hear the case, putting an...

UB School of Law and Hopkins Announce Collaboration

Posted on February 23, 2011
The University of Baltimore School of Law and the Johns Hopkins University School of Medicine are joining to launch the nation?s first academic center for law and medicine focused on the health care provider. The center, which will open in...

Ultimate Beneficiaries Can Enforce Contractual Will Omitting Restrictions on Survivor's Use of Property

Posted on February 23, 2011
In Ernest v. Chumley, 936 N.E.2d 602 (Ill. Ct. App. 2010), husband and wife executed mutual wills giving the entire estate to the survivor of them and on the death of the survivor, one-half to his children and one-half to...

Anna Nicole Smith's Estate May Sue Opera

Posted on February 23, 2011
I previously blogged about the Anna Nicole Smith opera. Larry Birkhead says Smith?s estate is now threatening legal action regarding the opera. The producers never contacted Larry or Smith?s estate, nor did they offer an advance screening. The opera features...

Recent Changes in State Estate Taxes

Posted on February 22, 2011
Some Americans decide where to retire partially based upon state estate taxes. It?s growing harder to determine where to retire for these people because these state estate or inheritance taxes are constantly in flux. Illinois became the latest state to...

Six Ways to Securely Store Your Online Passwords

Posted on February 22, 2011
Karin Prangley?s father-in-law suffered a stroke in 2009. At the time, he owned a home-based business selling supplies and handled all his transactions with the business credit card online. Not even his wife knew about the account. While he was...

Attorneys See an Increase in Cohabitation Agreements

Posted on February 22, 2011
As more people live together before marriage, the need for prenup-like agreements is increasing. A survey of divorce attorneys shows that 39% have seen a rise in the number of cohabitation agreements. These agreements protect property for people living together...

Inspiration for Lois Lane Dies at 93

Posted on February 22, 2011
Joanne Siegel, the woman who inspired the character of Lois Lane, died at age 93. Joanne met co-creators of Superman Joe Shuster and Jerome Siegel when she was just 15 or 16. The love interest of Superman became the real-life...

New York Case Says Murderers Cannot Benefit From Their Crime

Posted on February 21, 2011
I recently blogged about a television executive beheading his wife in New York and noted that it would be interesting to see the role played by a slayer statute. In New York, however, unlike most states, the concept that a...

1000Memories Helps Loved Ones Create Memorial Sites

Posted on February 21, 2011
Jonathan Good, Brett Huneycutt, and Rudy Adler were all disillusioned with ways to memorialize their lost loved ones online and decided to launch their own site. The three men quit their jobs and began cranking out codes for their site...

Succession Planning for Attorneys

Posted on February 21, 2011
John R. Cesario (Attorney at Law, IL) recently published his article entitled Succession Planning and the Duty of Diligence, 99 Ill. Bar J. 46 (Jan. 2011). The conclusion is below: Time devoted to planning for death or incapacity will give...

Duerson Asks for Brain to be Studied, Commits Suicide

Posted on February 21, 2011
Former Chicago Bears defensive back Dave Duerson committed suicide on Thursday. Before shooting himself fatally in the chest, Duerson texted family members requesting that his brain tissue be studied for chronic traumatic encephalopathy (CTE). CTE is caused by repetitive brain...

Same-Sex Unions Approved in Hawaii

Posted on February 20, 2011
After years of rallies, passionate public testimony, and election battles, the Hawaii Legislature approved a bill on Wednesday allowing same-sex civil unions. Governor Neil Abercrombie ?intends to sign the bill within 10 days, and civil unions would begin Jan...

Non-Claim Statute Does Not Violate Due Process

Posted on February 20, 2011
Missouri has a ?self-executing? nonclaim statute which cuts off all claims against a decedent?s estate one year after death, whether or not administration of the estate is opened or the claimant has been given any sort of notice. The Missouri...

New and Improved Minor Guardianship Statute

Posted on February 19, 2011
Margaret C. Benson (Attorney at Law, Chicago, IL) recently published her article entitled Introducing the New and Improved Minor Guardianship Statute, 98 Ill. B.J. 628 (Dec. 2010). The introduction is below: An important new amendment to the Illinois Probate Act...

Mickey Rooney's Elder Abuse Issues

Posted on February 19, 2011
Mickey Rooney?s stepson, Christopher Aber, allegedly attempted to coerce Mickey to sign over his assets. The 90-year-old actor filed a petition also stating that he is fearful that Chris will become physically threatening and may attempt to kidnap Mickey...

Incentives to Donate Real Property in a Busting Economy

Posted on February 18, 2011
Sarah Rose (2011 J.D. Candidate, Texas Tech University School of Law) recently published her comment entitled Booming Incentives to Donate Real Property in a Busting Economy, 3 Est. Plan. & Community Prop. L.J. 123 (2010). The introduction is below: An...

Anna Nicole Smith Opera

Posted on February 18, 2011
On February 17, London?s Royal Opera House opens one of its riskiest projects yet: ?Anna Nicole.? The opera house will run six shows, all of which are already sold out. The company imposed a minimum age of 16, and the...

Former Quarterback Charged with Stealing from Elderly Woman

Posted on February 18, 2011
Former Ohio State quarterback Art Schlichter, who spent ten years in prison for gambling-related crimes and is now banned from the NFL for life, was charged with stealing over $1 million from a 68-year-old woman in Columbus. Because the woman...

Devise of Land Conditioned on Payment of Annuity to Others Created a Fee on Condition Subsequent

Posted on February 18, 2011
In Woolley v. Woolley, 940 N.E.2d 620 (Ohio Ct. App. 2010), the testator devised real property to his grandson ?in fee simple on the condition? that he pay the testator?s two sons $1,000 each every month for 20 years. After...

Taxation of Home Run Baseballs

Posted on February 17, 2011
Kelly A. Moore (Assistant Professor of Law, University of Toledo College of Law) and Adam J. Poe (J.D. 2010 St. Louis University School of Law) recently published their article entitled Home Run Baseballs and Taxation, an Open Stance: How a...

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