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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 Conversations Should Include Estate Planning

Posted on March 04, 2010
Estate planning can be a tough topic because it requires coming to terms with mortality. Additionally, one's personal estate planning decisions may upset some heirs. Despite this, a New York Times article from yesterday suggests the following advantages of estate...

Federal Tax Update Covering August 2008 to August 2009

Posted on March 04, 2010
Samuel A. Donaldson (professor of law, University of Washington) has posted on SSRN his article entitled 2009 Federal Tax Update. The abstract of the article is below: This paper examines significant developments in the federal income, gift, and estate taxation...

Obama Administration's Budget Proposal Could Impact Estate Planning

Posted on March 04, 2010
The Obama administration's proposed budget contains changes that would affect estate planning if enacted: One proposal requires additional valuation and reporting requirements for gifts made during life and at death to make sure that gifts are not undervalued...

Supreme Court Decision Lays The Groundwork for Considerable ERISA Benefit Litigation

Posted on March 03, 2010
Albert Feuer posted on SSRN his article Did a Unanimous Supreme Court Misread ERISA, Misread the Court's Precedents, Undermine Basic ERISA Principles, and Encourage Benefits Litigation?, Tax Management Compensation Planning Journal, Vol. 37, No. 91, October 2009...

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Uncertain Estate Tax Future Creates Uncertainty For Heirs Now

Posted on March 03, 2010
Until the uncertainty surrounding the future of the estate tax is cleared-up, heirs of loved ones dying this year may be confused about how to handle inheritances from their loved ones. A recent New York Times article suggests the following...

Planned Charitable Giving Continues During Federal Estate Tax Hiatus

Posted on March 03, 2010
Early reports indicate that the federal estate tax hiatus has not caused a dramatic decrease in planned charitable giving and that any decline is part of a larger, decade-long decline. Philanthropic giving continues for a number of reasons, including the...

United Kingdom Considers Major Inheritance Tax Changes

Posted on March 02, 2010
Government leaders in the United Kingdom are currently considering changes to the country's inheritance tax that would greatly reduce the number of estate ultimately taxed. This would also reduce revenue during a time when the country faces budget deficits...

Louisiana Court to Hear Oral Arguments in Newcomb College Appeal

Posted on March 02, 2010
On March 4, 2010, Louisiana?s Fourth Circuit Court of Appeal will hear oral arguments in the ongoing suit against Tulane University that seeks to force the University to reopen Newcomb College. A press release posted on Newcomblives.com summarizes the status...

Reasons for Using the Trustee Standard of Care for Non-Profit Boards in Art Deaccession Cases

Posted on March 02, 2010
Sue Chen (United States Court of Appeals for the Tenth Circuit) has posted on SSRN her article entitled Art Deaccessions and the Limits of Fiduciary Duty, 14 Art Antiquity & Law 103 (2009). The abstract of the article is below:...

Using Only an Annuity to Plan for Retirement Could Jeopardize Inheritances to Children

Posted on March 02, 2010
The Wall Street Journal recently featured an article on the use of annuities when planning for retirement and inheritances: According to the article, immediate fixed annuities are touted by many. Immediate fixed annuities provide regular payments to the annuity purchaser...

St. John's University School of Law Seeks Visiting Professor

Posted on March 01, 2010
St. John's University School of Law is currently seeking a visiting professor for spring 2011 in the areas of property and trusts and estates. St. John?s is situated on almost 100 rolling acres in a residential part of Queens, New...

Illinois Elder Law Survey

Posted on March 01, 2010
Charles A. LeFebvre (attorney, Illinois) and Martin W. Siemer (attorney, Illinois) have published their article entitled Survey of Illinois Law: Elder Law, 33 S. Ill. U. L.J. 599 (2010). The introduction to the article is below: Each year, it seems...

A Matter of Life and Death

Posted on March 01, 2010
For estate planners and estate administrators, the statistics of death are an unfortunate reality that we work with. The following are key findings on death in the United States in 2007 and is taken from the National Center for Health...

An Asset Protection Trust Could Offer Tiger Woods Valuable Asset Protection

Posted on March 01, 2010
As Tiger Woods attempts to salvage his marriage, the Trust Advisor Blogs suggests that in the meantime he consider putting his assets into an asset protection trust. Because Tiger lives in Florida, a non-community property state, he could likely fund...

Effect of Estate Tax Repeal in Italy

Posted on February 28, 2010
A recent Italian survey looked at the effect the repeal of the estate tax in Italy. The survey reveals that without an estate tax, real estate transfers between generations have increased by about 2%. A report on the survey concludes...

Top SSRN Downloads

Posted on February 28, 2010
Here are the top downloads from December 30, 2009 to February 28, 2010 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 213 Law Review...

Checklist for Reviewing Wills in 2010

Posted on February 27, 2010
The February 2010 edition of The Estate Analyst is comprised of an article by Robert L. Moshman (attorney and writer) entitled Emergency Will Repairs at Ground Zero--Estate Planning for 2010. The introduction to the article and the January 2010 edition...

Poll Indicates that Estate Planning is on the Decline in the United States

Posted on February 27, 2010
According to a surveys by Lawyers.com, the number of Americans with some type of estate planning document dropped from 64% in 2007 to 51% in 2009. Of this 51% surveyed, only 35% reported that they have a will. The following,...

Taxing Family Foundations to Lower Future Estate Tax Levels?

Posted on February 26, 2010
Undisclosed sources have indicated that Senators Kyl (R-Ariz.) and Lincoln (D-Ark.) are considering a "toll charge" on family foundations to pay for reinstating the estate tax in 2011 at levels lower than those in place in 2009. See Jay Heflin,...

Florida International University College of Law Seeks Visiting Professor

Posted on February 26, 2010
Florida International University College of Law invites applications from candidates for one or more visiting faculty positions beginning in Fall 2010. Areas of curricular preference include PROPERTY, CRIMINAL LAW, TORTS, ENVIRONMENTAL LAW, and TRUSTS AND ESTATES...

New Kentucky Estate Planning Blog to Follow

Posted on February 26, 2010
Those practicing, teaching, or living in Kentucky should enjoy following KYEstate$, a blog for the Kentucky trusts & estates community. This blog was created by Carter Ruml (attorney, Louisville) "to share and discuss tax and non-tax developments of interest to...

Wyoming Attorney General Prevents the Wrongful Termination of a Perpetual Conservation Easement

Posted on February 25, 2010
After over six years of litigation, a case involving a Wyoming county?s attempted termination of a perpetual conservation easement has settled, with the conservation easement remaining in full force and effect on the burdened land. Background. In 1993, Paul and...

Montana Becomes the Third State to Allow Physician Aid in Dying

Posted on February 25, 2010
The following is taken from Kristine S. Knaplund, Montana Becomes Third U.S. State To Allow Physician Aid In Dying, which was written for the February 2010 RPTE eReport, an electronic report issued by the ABA Section of Real Property, Trusts...

Yale University: Finding New Purposes for Old Gifts in the Face of Budget Shortfalls

Posted on February 25, 2010
In the face of a $300 million budget shortfall, a team of staff and administrators at Yale spent the summer combing the university's endowment funds for gifts to the university that could be put to better use. The following excerpt...

University of Notre Dame seeks Program Director of Tax & Estate Planning Institute

Posted on February 25, 2010
The University of Notre Dame invites applications for a Program Director to organize and implement all aspects of the annual Notre Dame Tax & Estate Planning Institute. This Institute, which is a nationally-recognized event in its field, has been offered...

Chicago's Grave Relocation for New O'Hare Runway Halted

Posted on February 24, 2010
The St. Johannes Cemetery is the historic cemetery that borders Chicago's O'Hare International Airport. An Illinois judge recently approved the transfer of cemetery land to the city of Chicago for construction of a new runway, and the city began relocating...

Texas Case Law on the Disposition of Community Property Life Insurance Proceeds

Posted on February 24, 2010
Christopher Hildreth (J.D. candidate 2010, Baylor University) has published his comment entitled Street v. Skipper & Martin v. Moran: Resolving a Split in Authority in Texas Regarding the Disposition of Proceeds from a Community-Property Life Insurance Policy Payable to the...

Family and Cryonics Foundation Fight For Deceased Woman's Head

Posted on February 24, 2010
The family of a deceased Colorado woman and a cryonics foundation are fighting over the deceased woman's head and a $50,000 annuity. The woman signed documents that gave the Alcor Life Extension Foundation the right to preserve her head cryogenically...

Criticisms of Missouri's Laws Regarding Posthumous Children

Posted on February 23, 2010
Kimberly E. Naguit has published her note entitled The Inadequacies of Missouri Intestacy Law: Addressing the Rights of Posthumously Conceived Children, 74 Mo. L. Rev. 889 (2009). An excerpt from the introduction of the article is below: Recently, courts have...

CLE for Attorneys Who Have Private Foundation Clients

Posted on February 23, 2010
The ABA Section of Real Property, Trust & Estate Law is sponsoring teleconference and life audio webcast CLE entitled Low-Profit, Limited Liability Companies: Facilitating Program Related Investments by Your Private Foundation Clients on March 2, 2010...

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