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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: 44.9/day Last Entry: April 01, 2011 at 14:00:00 Recent Entries: 3678
By Gerry W. Beyer
Go to Wills, Trusts & Estates Prof Blog, find other Estate Planning blogs, or browse all law blogs.
Prof. Bryan Camp wins "Most Outstanding Legal Article" Award
Posted on March 22, 2010Congratulations to George H. Mahon Professor of Law Bryan Camp of the Texas Tech University School of Law on the selection of his article, Protecting Trust Assets from the Federal Tax Lien,1 Est. Plan. & Comm. Prop. L.J. 295 (2009),...
Richest States Could Be the Best for Estate Planning
Posted on March 22, 2010A recent study powered by TheStreet reports that the following are the states with the most and the least liquid millionaires as a percentage of the total population, listed in descending order: Most Millionaires: Hawaii Maryland New Jersey Connecticut Virginia...
Passing the Family Business to the Next Generation
Posted on March 22, 2010Passing a small, family business to the next generation can be difficult, but without any planning it will be exponentially more difficult. Consider the following example taken from Ian Mount, How to Prepare Your Business for Succession, NY Times, March...
CLE to Discuss Estate Planning Strategies for 2010
Posted on March 22, 2010ALI ABA and ACTEC are co-sponsoring an audio webcast CLE entitled The Impact of Estate Tax Repeal - Going Blindly Where No One Else Has Gone Before on March 24, April 1, April 21, and April 27. A summary of...
Modified Accumulation Trusts For IRA or Other Qualified Plan Benefits at Death
Posted on March 21, 2010James G. Blase (attorney and principal, St. Louis) and Mimi G. Sharamitaro (attorney, St. Louis) have published their article entitled Consider the MAT, Trusts & Estates, Feb. 2010, at 38. An excerpt from the article is below: Recent private letter...
Organ Donation Varies by Geographic Region
Posted on March 21, 2010Researchers at John Hopkins, Dartmouth, the University of Washington, and Saint Louis University have received a grant to study and design a better system for kidney and liver donations. The current system for donation uses geographic regions that were established...
Iowa Enacts Changes to State Disclaimer Statute
Posted on March 20, 2010New legislation in Iowa modifies the state's disclaimer statute. Adam J. Hirsch (William and Catherine VanDercreek Professor of Law, Florida State University College of Law) provides the following summary of legislation, HF 2253, which is linked to the Iowa General...
Recognizing No Income From an Irrevocable Trust at the Grantor's Death
Posted on March 20, 2010Mitchell M. Gans (professor of law, Hofstra University) and Jonathan G. Blattmachr (attorney, New York) have published their article entitled No Gain at Death, Trusts & Estates, Feb. 2010, at 34. An excerpt from the article is below: In a...
Trustee of Judith Rothschild Foundation Causes Concern for Review
Posted on March 19, 2010Judith Rothschild established the Judith Rothschild Foundation in her will and appointed a long-time friend, Harvey S. Shipley Miller, as the foundation's trustee. The foundation's assets were worth $34 million when Rothschild died in 1993. The New York state Attorney...
Recognizing Income From an Irrevocable Trust at the Grantor's Death
Posted on March 19, 2010Carol A. Cantrell (attorney and shareholder, Texas) has published her article entitled Gain Is Realized at Death, Trusts & Estates, Feb. 2010, at 20. An excerpt from the article is below: In my opinion, the available authorities now strongly suggest....
Practical Solutions to Thorny Estate Planning, Administration, and Ethics Dilemmas: If I Knew Then What I Know Now
Posted on March 19, 2010The ABA Section of Real Property, Trusts & Estate Law is sponsoring a teleconference and live webcast CLE entitled Practical Solutions to Thorny Estate Planning, Administration, and Ethics Dilemmas: If I Knew Then What I Know Now on April 6,...
Gubernatorial GOP Hopeful in California May Have a Difficult Conflict of Interest
Posted on March 19, 2010Meg Whitman, currently vying to be the GOP candidate in California's upcoming gubernatorial election, has considerable wealth invested in multiple hedge funds that would likely cause conflicts of interest if eventually elected. While Whitman could transfer her investments to a...
Estate Values Fall Alongside Home Values
Posted on March 18, 2010Evidence that the real estate market has yet to recover, celebrities continue to take big hits on their multi-million dollar homes, just as regular people do on their more modest homes. For example, in September of 2008 Britney spears listed...
Indiana Enacts Tax Fix Statute for Problems Caused by Estate Tax Repeal
Posted on March 18, 2010On March 12, 2010, the Governor of Indiana signed into law Senate Bill 65, a bill that applies to the construction of wills and trusts referring to tax provisions that are no longer effective: Under the bill, personal representatives and...
Jackson Estate Makes Record-Breaking Deal
Posted on March 18, 2010Michael Jackson's estate continues to successfully market Jackson's legacy with the following record-breaking deal, which one of the estate's administrators called an honor in a market with declining records sales: Administrators of Michael Jackson's estate and his longtime record label,...
End-of-Life Decisions: Deactivating An Implanted Defibrillator
Posted on March 18, 2010Implantable cardio-verter defibrillators (pictured on the left) are placed in a patient's chest to detect and correct irregular heartbeats. While these devices save lives when the patient is healthy, it can cause discomfort and pain if not deactivated when the...
Options For A Loved One's Facebook Account After The Loved One Dies
Posted on March 17, 2010When a loved one dies, the family has the following options for the loved one's Facebook account: Report the account to be memorialized, which will remove certain information and leave the profile for only confirmed friends to view. Request that...
A Potential Problem With Insurable Interest Statutes
Posted on March 17, 2010Mary Mahala Gardner has published her note entitled Trust, We Have a Problem: Chawla ex. rel. Giesinger v. Transamerica Occidental Life Insurance Company, Its Revelation of a Problem in Insurable Interest Statutes and the Subsequent Effect on Irrevocable Life Insurance...
Author Jane Brody Uses Her Guide To The Great Beyond
Posted on March 17, 2010Over a year ago, Jane Brody wrote "Jane Brody's Guide to the Great Beyond." More recently, Jane Brody wrote about using her own written advice during her husband's final days. In a personal New York Times article recounting the experience,...
String of Decisions Provide Improved Definition of Defined Value Clauses
Posted on March 16, 2010Scott A. Bowman (attorney, Boca Raton, Florida) has published his article entitled Defined Value Clauses--Better Defined, Trusts & Estates, February 2010, at 14. The introduction from the article is below: After a 2006 opinion from the U.S. Court of Appeals...
Medicaid Planning Basics and Updates to 2009 Policy Changes
Posted on March 16, 2010TexasBarCLE is sponsoring a webcast CLE entitled Medicaid Planning 101 on Wednesday, March 17, 2010. A description of the program is below: The boomers are finding out the perils of old age?longevity but with disabilities. How does Mom pay for...
Remainder Beneficiary of Home Under Mother's Will Tries to Sell Home While Sibling With Life Estate is Still Living
Posted on March 16, 2010Caldwell Banker LaBarca is currently listing for sale a three family home in Brooklyn that comes with life tenants. Currently, Helena Pavlich, 59, and her son Michael, 33, have a life estate in the home, given to them in the...
What Happens to Trust Assets When A Bank Fails?
Posted on March 16, 2010The Trust Advisor Blog reports that if a trust company is managing assets properly and is FDIC insured, trust clients should be protected if the trust company, which could very well be a bank, later fails. This means that the...
Israel's New Organ Donation System Gives Priority to Transplant Patients Who Sign Donor Card
Posted on March 15, 2010Israel is preparing to implement its new organ donor system. The international organ donation community is watching to see if the new system increase organ supply in Israel while some Orthodox jews feel that the new system is discriminatory. Israel's...
Estate of Plane Crash Victim Maximizes Settlement With Annuity
Posted on March 15, 2010The estate of a man who died in a plane crash in South Carolina in 2008 recently settled its lawsuit against multiple companies involved in the crash. The man's three-year old son will receive $4.375 million dollars, which will be...
Dealing With Death: Terminal Sedation
Posted on March 15, 2010Yesterday's New York Times featured an article that recounts an attorney's experience with his mother's alzheimer's disease and her ultimate terminal sedation. See Matt Walton, Holding Fast, Letting Go, NY Times, March 2010. Special thanks to Joel Dobris (Professor of...
Upgrading Your Probate & Estate Planning Practice: Technology Tips
Posted on March 15, 2010The most recent installment of Technology: Probate, Prob. & Prop., Nov./Dec. 2009, at 43 (Richard Julian & Jason E. Havens eds.) continues a prior installment on the advantages of setting up remote access for electronically stored data and the remote...
IRC § 6162(b)(2): An Extension for Paying Estate Tax Deficiencies
Posted on March 14, 2010John J. Carpenter (attorney and partner, Charlotte) and Christian L. Perrin (attorney, Charlotte) have published their article A Useful Tool in a Time of Need: A Brief Synopsis and Analysis of IRC § 6161(b)(2), Prob. & Prop., March-April 2010, at...
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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
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