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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

Author and Illustrator Tasha Tudor Leaves Behind Fighting Children

Posted on February 23, 2010
Tasha Tudor, famed author and illustrator of children's books, passed away in 2008. In contrast to Tasha Tudor's simple lifestyle, her four children are now fighting over the $2 million estate she left behind: Tasha left the bulk of her...

Juror in Astor Trial Claims that She Voted to Convict Out of Fear for Her Safety

Posted on February 23, 2010
Defense attorneys are seeking to overturn the convictions of Anthony D. Marshall and Francis X. Morrissey, Jr., after a juror from the trial has announced that she voted to convict out of fear for her safety: The juror, Judith DeMarco,...

UK Poll Reveals That Only Eight Percent of Citizens Have Living Will

Posted on February 23, 2010
A recent poll of United Kingdom citizens found that 8% of those polled have a living will, 17% would very likely make a living will if it were easy, and 30% would quite likely make a living will if it...

South Dakota Top State for Trust Companies

Posted on February 22, 2010
The Trust Advisor Blog reports that South Dakota is the top state for Trust Companies: According to public records, South Dakota now has 39 trust companies and is the top choice. Delaware is next, with 32 trust companies, followed by...

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Should I or Should I Not Throw Momma From the Bus This Year?

Posted on February 22, 2010
Last week the New York Times featured yet another article on the uncertainty surrounding the estate tax. The following is somewhat humorous commentary regarding changes to capital gains treatment this could be disadvantageous for smaller estates: Estate planners say the...

Top SSRN Downloads

Posted on February 22, 2010
Here are the top downloads from December 23, 2009 to February 21, 2010 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 182 Law Review...

A Discourse on Statutory Construction

Posted on February 22, 2010
Douglas A. Kahn (professor of law, University of Michigan) has posted on SSRN his article entitled It is Logic Rather than Whom You Trust: A Rejoinder to Prof. Cohen, Tax Notes, Vol. 126, 2010. The abstract of the article is...

LIfe Insurance and ERISA Plan Benefits After a Divorce

Posted on February 21, 2010
Albert Feuer (attorney, New York) has posted on SSRN his article entitle Who is Entitled to Life Insurance Benefits and Top-Hat Benefits from an ERISA Plan Following a Divorce or a Marital Separation?, 41 NYSBA Fam. L. Rev. Newsletter, at...

Fourth Edition of 'The Executor's Guide' Published

Posted on February 21, 2010
Mary Randolph (attorney, California) has published a new edition of her book The Executor's Guide: Settling a Loved One's Estate or Trust (NOLO 2010). The publisher's summary of the book is below: If you're faced with wrapping up the affairs...

Lottery Winner Who Didn't Win Afterall

Posted on February 20, 2010
A deaf, South African man who works as a hardware store cleaner was thought to have won $12 million in the country's lottery. The subsequent requests for money from his family were so overwhelming that he and his family were...

'Trust Laws's Limits on the Settlor's Power to Direct Investments'

Posted on February 20, 2010
John H. Langbein (professor of law, Yale) has posted on SSRN his article entitled Burn the Rembrandt? Trust Law's Limits on the Settlor's Power to Direct Investments, 90 Boston L. Rev (forthcoming 2010). The abstract of the article is below:...

Using a Disclaimer to Deal with Estate Tax Uncertainty

Posted on February 19, 2010
In prior posts, I have reported that the lack of a federal estate tax in 2010 could have unintended consequences on will distribution arrangements that are dependent on the existence of a federal estate tax to take effect and carry...

Using a Land Trust to Avoid Fragmented Ownership Interests in Real Property

Posted on February 19, 2010
Julius J. Zschau (attorney and shareholder, Tampa), Ulysses Clayborn (attorney, Kansas City, Missouri), & Andrew M. O'Malley (attorney, Tampa) have published their article entitled Using Land Trusts to Prevent Small Farmer Land Loss, 44 Real Prop. Trust & Estate L...

BBC Host Admits During TV Program That He Killed A Partner Dying of Aids

Posted on February 19, 2010
Ray Gosling, an English documentary maker, recently revealed that he killed a former lover who was dying of Aids by smothering him with a pillow. The revelation occurred while Gosling was narrating for a TV program about end of life...

Post-Morten Estate Planning Conference

Posted on February 19, 2010
The National Constitution Center is sponsoring an audio conference entitled Post-mortem Estate Planning: Protect Assets & Minimize Tax Liabilities on March 18, 2010. A summary of the program is below: Post-mortem estate planning has many variables. Failure to properly handle...

The Long-Term Effectiveness of Dynasty Trusts

Posted on February 18, 2010
William J. Turnier (professor of law, University of North Carolina) and Jeffrey L. Harrison (professor of law, University of Florida) recently published their article A Malthusian Analysis of the So-Called Dynasty Trust, 28 Va. Tax Rev. 779 (2009). The abstract...

Elder Law Writing Competition for Students

Posted on February 18, 2010
The National Academy of Elder Law Attorneys (NAELA) is sponsoring the Fifth Annual NAELA Elder Law Writing Competition: The first place winner will receive a $1,500 first place prize and will be interviewed for a future issue of NAELA News....

New Estate Planning Book Published

Posted on February 18, 2010
Deborah L. Jacobs has published her book Estate Planning Smarts: A Practical, User-Friendly, Action-Oriented Guide (2009). Estate Planning Smarts eases the reader into a subject that is often difficult by focusing on an underlying purpose of estate planning: taking care...

Texas Tech University Division of Financial Planning Seeks Professor

Posted on February 18, 2010
The Texas Tech University Division of Financial Planning is seeking to fill one tenure-track position for the 2010-11 academic year. The program is seeking applicants "who are strong in comprehensive personal financial planning and/or possess strengths in areas such as...

Johnson & Johnson Family Loses Another Heir

Posted on February 18, 2010
The Johnson and Johnson family has lost another potential heir. Earlier this year, Casey Johnson, a Johnson and Johnson heiress, was found dead in her apartment. Now, New York's highest court has ruled that the adoption of a Cambodian boy...

What's the Effect of Check-the-Box Regulations for Gift Tax Purposes?

Posted on February 17, 2010
Wendy Gerzog (Professor of Law, University of Baltimore School of Law) has posted on SSRN her article entitled Check-the-Box Regs and Gift Tax Discounts, Tax Notes, Vol. 126, No. 7, 2010. An abstract of the article is below: This article...

Investors Using Variable Annuities as an Investment Under Attack

Posted on February 17, 2010
The Wall Street Journal reports that some investors are using variable annuities issued by insurance companies. This is how the investment scheme works: The investor pays the terminally ill patient a small sum in exchange for a variable annuity on...

Another Website Offers Rapture Planning for Pets

Posted on February 17, 2010
A Christian and a non-Christian have founded After the Rapture Pet Care, a service that according to the website "is Biblically appropriate and provides true value to Christians" when planning for the care of their pets after the rapture. The...

Changes to States' Joint Tenancy Laws Threaten Joint Tenancies

Posted on February 16, 2010
John V. Orth (professor of law, University of North Carolina) recently published his article entitled The Perils of Joint Tenancies, 44 Real Prop. Trust & Estate L.J. 427 (2009). The editor's synopsis of the article is below: In this Article,...

Politicians Could Benefit From Failing to Resolve Estate Tax Repeal Questions

Posted on February 16, 2010
The following, taken from Edward J. McCaffery, The Politics of Estate Tax Reform, National Center for Policy Analysis, Feb. 10, 2010, discusses a possible motivation for politicians to always keep estate tax repeal on the table but unresolved: Politicians like...

The "Missing Mail Response" Scam

Posted on February 16, 2010
I received this email from a particularly determined scammer, trying to trick me into believing that I missed some important piece of mail: We wish to notify you again that you were listed as a Heir to the total sum...

More Florida Attorneys Implicated in Ponzi Scheme

Posted on February 16, 2010
I previously reported on the billion dollar ponzi scheme of now-disbarred lawyer Scott Rothstein, which involved creating fictitious clients and settlement offers to lure investment loans and then using the loans for personal gain. Rothstein has since been convicted of...

Happy President's Day

Posted on February 15, 2010
Happy President's Day!!

Disparate Impact of Estate Tax Changes; Repeal and Let Estates Choose

Posted on February 15, 2010
A recent Wall Street Journal article discusses the impact of the changed capital gains treatment for estate tax purposes, specifically pointing out that the change is less favorable to estates worth $1.3 to $4.3 million than it is to larger...

Live Green, Die Green: Eco-Friendly Burials

Posted on February 15, 2010
As green living continues to grow in popularity, one survey reports that 43% of American over 50 would consider a green burial: Green burials are offered in almost 30 cemeteries nationwide. Green options include biodegradable caskets and formaldehyde-free embalming fluids...

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