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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

Georgia Assisted Suicide Group and Members Indicted

Posted on March 14, 2010
Four members of an assisted-suicide group in Georgia called The Final Exit and the group itself were indicted Tuesday on charges of assisting a 58-year old Georgia man end his life. The leader of the group hopes the trial will...

Estate Planning & Community Property Law Journal Now Available on WESTLAW

Posted on March 13, 2010
The Estate Planning and Community Property Law Journal at the Texas Tech University School of Law is pleased to announce that all of its prior issues are now available on Westlaw. New issues will be made available as quickly as...

Top SSRN Downloads

Posted on March 13, 2010
Here are the top downloads from January 12, 2010 to March 13, 2010 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 330 Ten Estate...

Good Estate Planning Requires Time, Money, and Coordination of Professionals

Posted on March 12, 2010
A recent article posted on the Washington Post's website urges wealthy entrepreneurs who are often too busy to make an estate plan to consider doing so for the sake of their children. After offering a few estate planning tips, such...

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Transfer on Death Deeds Help Avoid Probate

Posted on March 12, 2010
Dennis M. Horn (attorney and partner, Washington, D.C.) and Susan N. Gary (professor of law, University of Oregon) have published their article Death Without Probate: TOD Deeds--The Latest Tool in the Toolbox, Prob. & Prop., March-April 2010, at 13. An...

First Nine Months of Washington's Death With Dignity Act: 63 Suicide Doses and 36 Confirmed Deaths

Posted on March 12, 2010
Sixty-three prescriptions were issued in Washington state to persons between age 48 and 95 during the first nine months after the state enacted the Death with Dignity Act. Of the 63 prescriptions issued, at least 36 have been used to...

Special Needs Tips for Estate Planners

Posted on March 11, 2010
Katherine N. Barr (attorney & shareholder, Birmingham), Richard E. Davis (attorney, Canton, Ohio), and Kristen M. Lewis (attorney, Atlanta) have published their article Top 15 Tips for Estate Planners When Estate Planning for Special Needs, Prob. & Prop...

Do Not Resuscitate from A Doctor's Perspective

Posted on March 11, 2010
The Washington Post recently featured an interesting piece explaining a doctor's view on Do Not Resuscitate (DNR) Orders and Do Note Intubate (DNI) Orders. The following excerpt offers insight into the DNR/DNI decision, which is applicable to many clients who...

Fresh Air Fund, Summer 2010

Posted on March 11, 2010
The following is posted as a courtesy to Sarah Wilson of the Fresh Air Fund: The Fresh Air Fund, a non-profit organization, is currently seeking host families for summer 2010. Since 1877, The Fresh Air Fund has been giving inner-city...

Trust Income Accounting CLE

Posted on March 11, 2010
The Knowledge Congress is sponsoring a live webcast CLE entitled Trust Accounting Income: The Fundamentals on April 30, 2010. This will be a rebroadcast of the live event originally held December 15, 2009; however, one speaker will return for a...

University of Alabama School of Law Accepting Applications for LL.M in Taxation Program

Posted on March 10, 2010
The University of Alabama School of Law is currently accepting applications for its online LL.M in Taxation program. This program allows practitioners to continue working and living where they are while pursuing further education. According to The University of Alabama...

A Primer on Debt Cancellation Income Tax for Non-Tax Lawyers

Posted on March 10, 2010
Joseph C. Mandarino (attorney and partner, Atlanta) has published his article entitled The Tax Effects of Debt Cancellation: A Primer for Non-Tax Lawyers, Prob. & Prop., March-April 2010, at 21. The following is an excerpt from the article: With every...

Prediction that Estate Tax Changes Will Result in Surge of Work But Not Hiring

Posted on March 10, 2010
A recent National Law Journal article states that the estate tax repeal this year will result in a burst of work for estate planning attorneys and a surge of litigation to clarify provisions in the documents of those who die...

A Warning for Asset Protection Planners?

Posted on March 09, 2010
David J. Slenn (attorney, Naples, Florida) has published his article Has the Warning Bell Sounded for Asset Protection Planners?, Prob. & Prop., March-April 2010, at 48. An excerpt from the article is below: A recent case out of the Sunshine...

Post-Mortem Estate Planning Conference

Posted on March 09, 2010
The National Constitution Center is sponsoring an audio conference entitled Flexible Estate Planning: Keys for Drafting Post-Mortem Trusts & Estates on March 18, 2010. A summary of the program is below: The estate tax is looming-leaving the future of your...

United Kingdom Issues Factors for Prosecuting Those Who Assist a Suicide

Posted on March 09, 2010
On February 25, 2010, the Director of Public Prosecutions issued 16 factors that make a prosecution in England and Wales for assisting a suicide more likely along with 6 factors that make a prosecution less likely. The factors for prosecution...

Catholic Hospital Directive Conflicts With Advance Directives of Patients

Posted on March 09, 2010
The United States Conference of Catholic Bishops has reportedly issued new directives that establish an obligation for nearly 600 Catholic hospitals and nursing homes to provide food and water, including through medically assisted means, to those who cannot eat or...

Estate of Redd Foxx Owes Millions in Back Taxes 19 Years After his Death

Posted on March 08, 2010
Sanford and Son star Redd Foxx owed $3.6 million in taxes when he died 19 years ago. The hope now is that marketing Foxx's image can pay off the estate's debts: In 2006, Foxx's daughter, Deborah, was removed as administrator...

Evaluation of Self Settled Trusts in New Hampshire

Posted on March 08, 2010
Christopher Paul (J.D., Franklin Pierce Law Center 2009) has published his note entitled Innovation or a Race to the Bottom? Trust "Modernization" in New Hampshire, 7 Pierce L. Rev. 353 (2009). An abstract from the introduction of the note is...

South Dakota Continues to Attract Trust Companies

Posted on March 08, 2010
The Trust Advisor Blog reports that another trust company, Sterling Trustees LLC, has filed for a trust charter in South Dakota. As previously reported, South Dakota is the top choice state for trust companies because of its favorable laws. See...

Complex Kidney Donations Provide Necessary Transplants for Some

Posted on March 08, 2010
Including an anatomical gift in your estate plan is one way to help the organ donation shortage. A more immediate solution is a "Daisy Chain," which has been used in the context of kidney donations: One person ? call him...

Prolific Sperm Donor Could Have as Many as 400 Children

Posted on March 07, 2010
For nearly 15 years, two days a week, Kirk Maxey of Michigan made a sperm donation at a Michigan clinic. As a result, he became one of the country's most prolific sperm donors and estimates that he could have 400...

Trusts Can be Used for Low Income to Mid-Wealth Clients Too

Posted on March 07, 2010
Emily S. Horvath (associate professor, Thomas M. Cooley School of Law) has published her article entitled Don't be afraid to create: three simple inter-vivos trusts for low to mid-wealth clients, 11 T.M. Cooley J. Prac. & Clin. L. 173 (2009)....

Fifth Edition of 'Trusts Law: Text and Materials' Published

Posted on March 06, 2010
Graham Moffat (associate professor of law, University of Warwick), Gerry Bean (attorney and partner, Melbourne, Australia), and Rebecca Probert (University of Warwick) recently published the fifth edition of Trusts Law: Text and Materials (2009). An excerpt of this book has...

Lottery Winners Create More Estate Planning Business

Posted on March 06, 2010
Wining the lottery is one way to increase a person's need for estate planning. As evidence of this, an Idaho man who once lived in homeless shelters recently won $250,000 on a scratch ticket, and he plans to set up...

Call for Papers: The Worlds of Trusts

Posted on March 05, 2010
The following call for papers for a conference entitled The Worlds of the Trust recently appeared on the Comparative Law Blog: Call for Papers The Worlds of the Trust Faculty of Law, McGill University 23?25 September 2010 Until recently, the...

Easy-to-Read Book Recounts Celebrity Estate Planning Blunders

Posted on March 05, 2010
Andrew W. Mayoras, a probate attorney, and Danielle B. Mayoras, an estate panning attorney, have published their book Trial & Heirs: Famous Fortune Fights! (Wise Circle Books 2009). Trial & Heirs presents the estate planning blunders of celebrities like Rosa...

Advice for Converting to a Traditional I.R.A. to a Roth I.R.A

Posted on March 05, 2010
People who have an income over a certain dollar amount are not able to open a Roth I.R.A., however, they can convert a traditional I.R.A. to a Roth I.R.A. pursuant to recent changes to the law. The New York Times...

Thinking of Inheritance as a Mandatory System

Posted on March 05, 2010
Shelly Kreiczer-Levy (assistant professor, Academic Center of Law & Business) has posted on SSRN her article entitled The Mandatory Nature of Inheritance, 53 Am. J. Juris. 105 (2008). The abstract of the article is below: Although we usually conceive inheritance...

Spring AALS Trusts & Estates Newsletter -- Call for Updates

Posted on March 04, 2010
The following message is posted on the request of Prof. William P. LaPiana, New York Law School: I am compiling information for the spring newsletter of the AALS Section on Trusts and Estates. Please email me with news of your...

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