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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

Comment Reminder

Posted on February 15, 2010
Do you notice that when you post a Comment, it does not appear? Do you post it again and again? Then, after a while, do you notice that it suddenly appears? This is not aberrant behavior. Instead, it is by...

Happy Lunar New Year!

Posted on February 14, 2010
This year (2010) is the year of the Metal Tiger. According to GotoHoroscope: New Year of the Tiger, 2010, promises to be interesting in all aspects. For example horoscope 2010 represents the year of the white metal Tiger as a...

Happy Valentine's Day

Posted on February 14, 2010
Wishing you and your special someone a very Happy Valentine's Day, Gerry

Top SSRN Downloads

Posted on February 14, 2010
Here are the top downloads from December 15, 2009 to February 13, 2010 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 165 The Core...

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Survival Presumptions In England & America, 1766-2006

Posted on February 13, 2010
Thomas P. Gallinas (professor of law, University of Iowa) has posted on SSRN his article Death by Disaster: Anglo-American Presumptions, 1766-2006. The abstract of the article is below: Suppose that two persons, A and B, died in a common disaster....

Estate Planning for Pets May Include Rapture Planning as Well

Posted on February 13, 2010
In addition to including pets in an estate plan, a pet owner may want to consider rapture planning as well: Barte Centre founded Eternal Earth-Bound Pets, which offers a ten-year contract to rescue and care for abandoned pets after the...

Noteworthy Elder Law Court Rulings From 2009

Posted on February 12, 2010
ElderLawAnswers has compiled a "top ten" list of 2009 court decisions based on their most read case summaries for the year. The list contains cases from Missouri, New Jersey, Ohio, Minnesota, Massachusetts, and Illinois, as well the Tenth and Third...

Dr. Declares that Dennis Hopper's Wife Is Shortening His Life Expectancy

Posted on February 12, 2010
I recently reported that Actor Dennis Hopper has been diagnosed with cancer and has filed for divorce. Hopper's wife is contesting his capacity to make such decisions, which may be connected to a prenuptial agreement that reduces her inheritance from...

Death Tax can 'R.I.P. Off'

Posted on February 12, 2010
The London Standard reports that some political leaders in the United Kingdom may be considering a flat tax on death, possibly as much as �20,000 a death, to fund the country's elderly care programs. In response, the Tories put up...

Formal Execution and Informal Revocation Will Requirements Protect the Family

Posted on February 12, 2010
Mark Glover (J.D., magna cum laude, Boston University School of Law, 2008) recently published his article Formal Execution and Informal Revocation: Manifestations of Probate's Family Protection Policy, 34 Okla. City U. L. Rev. 411 (2009). Below is an excerpt from...

Estate Themed Skit From Saturday Night Live

Posted on February 11, 2010
Below is an estate themed Saturday Night Live skit in which the will left behind by a wealthy, 100 year-old woman surprises the woman's pool boy/lover, who is played by Ashton Kutcher. Warning: Although this appeared on network TV, it...

"The Color of Testamentary Freedom": Antebellum & Postwar Will Contests

Posted on February 11, 2010
Kevin Noble Maillard (associate professor of law, Syracuse University) recently published his article The Color of Testamentary Freedom, 62 SMU L. Rev. 1783 (2009). A summary of the article is below: Wills that prioritize the interests of nontraditional families over...

Annual Survey of the Estate Planning Industry Results Released

Posted on February 11, 2010
The WealthCounsel and Trusts & Estates magazine recently released the results of The Third Annual Industry Trends Survey. The results are based on an online survey completed by 712 estate planning attorneys from around the nation. Follow the link to....

Will is Contested Because Testator's Hand Was Guided as He Executed It

Posted on February 11, 2010
Are you worth $1 billion, thinking of signing a will that drastically reduces the inheritance of your children in favor of their step-mother, and unable to sign your name on your own? Perhaps you should consider the following: Melvin Simon...

Animal Shelters Offer Hospice Care with Foster Families for Dying Animals

Posted on February 10, 2010
Some animal shelters have a hospice program that places abandoned, terminally-ill pets with foster family who will care for the pet until the pet dies. Although these programs provide a safe and loving place for the animals, the programs are...

Noteworthy Estate and Gift Tax Law Review Articles of 2009

Posted on February 10, 2010
Bridget J. Crawford (professor of law, Pace University) has posted on SSRN her article entitled Law Review Articles You Should've Read (But Probably Didn't) in 2009, Tax Notes, Jan. 18, 2010. The abstract is below: This short column highlights for...

Dignitas Clinic In Switzerland Causes Controversy Over Swiss Assisted Suicide Law

Posted on February 10, 2010
The Dignitas clinic in Switzerland is causing controversy over the country's assisted suicide laws: Dignitas was founded by Lugwig Minelli to help people end their lives. Unlike most Swiss organizations that help people end their lives, Dignitas offers its services...

Findings From Study on Current Elder Law Teaching and Scholarship

Posted on February 09, 2010
Nina A. Kohn (associate professor of law, Syracuse University) & Edward D. Spurgeon (professor & dean emeritus, University of Utah & University of Georgia) have posted on SSRN their article entitled Elder Law Teaching and Scholarship: An Empirical Analysis of...

Estate Planning CLE Opportunity for Law Students and Recent Grads

Posted on February 09, 2010
As part of a live estate planning CLE program that the WealthCounsel is sponsoring in Dallas / Ft. Worth on March 1-5, 2010, the WealthCounsel is offering a professional growth opportunity for law students or recent graduates interested in estate...

JOTWELL Launches Trusts & Estate Section

Posted on February 09, 2010
JOTWELL, the Journal of Things We Like (Lots), recently launched a Trusts & Estate section. The editors of the JOTWELL Trusts & Estates section are Bridget J. Crawford (professor of law, Pace University) and William LaPiana (professor of law, New...

Jackson's Doctor Charged With Involuntary Manslaughter

Posted on February 09, 2010
Dr. Conrad Murphy has been charged with involuntary manslaughter for administering propofol to Michael Jackson shortly before his death. He plead not guilty at his arraignment on Monday. Coroners determined that Jackson died from acute propofol intoxication and wrote that...

Musician Stephen Bruton's Death is Followed by a Will Contest

Posted on February 08, 2010
Stephen Bruton finished his work as the co-producer of the soundtrack for the movie Crazy Heart and then died shortly thereafter in May of 2009. The future of his estate is now a source of dispute: Two months prior to...

Can Red Bull Help Unhappy Beneficiaries?

Posted on February 08, 2010
According to a recent commercial, Red Bull (an energy drink) can provide a source of power for disgruntled beneficiaries to visit the testator in the afterlife and make him or her pay for an inappropriate disposition of property. See Red...

New York Bill Would Give Family Members More Power to Make Decisions for Incapacitated Loved Ones

Posted on February 08, 2010
The following is taken from an editorial that appeared in the New York Times regarding the New York State Legislature's action on the Family Health Care Decisions Act: First proposed 18 years and three governors ago by a nonpartisan commission,...

The Charitable Trust Doctrine as Applied to Conservation Easements Conveyed as a Charitable Gift

Posted on February 08, 2010
Nancy A. McLaughlin (professor of law, University of Utah) and W. William Hicks (adjunct professor of law, Indiana University) have posted on SSRN their article entitled Hicks v. Dowd, Conservation Easements, and the Charitable Trust Doctrine: Setting the Record Straight,...

Top SSRN Downloads

Posted on February 07, 2010
Here are the top downloads from December 9, 2009 to February 7, 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 A Beneficiary...

Stetson Seeks Trusts & Estates Visitor

Posted on February 07, 2010
Stetson University College of Law is seeking a visitor for the Fall 2010 and/or Spring 2011 semester(s) to teach courses in Trusts & Estates, Estate Planning, and/or Estate & Gift Tax. If you are interested, please submit a letter of...

Texas Adopts Revised Uniform Anatomical Gift Act, Update on Changes

Posted on February 07, 2010
Gerry W. Beyer (professor of law, Texas Tech University) and Kimberly Sias (2010 J.D. candidate, Texas Tech University) have posted on SSRN their article entitled What Estate Planners Need to Know About the Revised Uniform Anatomical Gift Act, Estate Plan...

Joe Jackson's Allowance Bid Continues

Posted on February 07, 2010
It looks like Joe Jackson will be waiting a few more months for a decision on his request for a $15,000 monthly allowance from his son's estate. On Jan. 28, The Los Angeles Superior Court presiding over the probate and...

Why the Recent UPC Amendments Were Correct to Reject a "Consent in a Record" Requirement

Posted on February 06, 2010
Alison L. Slater (J.D. candidate, Quinnipiac University) has published her note entitled Inconceivable Consequences: Why the Recent UPC Amendments Were Correct to Reject a "Consent in a Record" Requirement, 23 Quinnipiac Prob. L.J. 80 (2009). An excerpt fromt the introduction...

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