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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

Rhode Island General Assembly Overrides Governor Veto & Gives Domestic Partners Funeral Planning Rights

Posted on January 19, 2010
On Jan. 5, 2010, the Rhode Island General Assembly successfully voted to override the governor's veto of a bill relating to funeral planning rights of domestic partners. As a result, if person dies in Rhode island without a funeral arrangement...

Woman Leaves House to Cats, Cats Live in House for Seven Years

Posted on January 19, 2010
Some called Muriel Bayne "the cat lady," a nickname she lived-up to even in death. Bayne, a Massachusettes resident who passed away in 2001, left her home and a $300,000 trust to her cats: During her life, Bayne grew her...

New Property Protection Mechanism in France

Posted on January 19, 2010
Phillip Jenkinson (partner, Triplet & Associes, Paris) and Alexander Hakopian (of counsel, Triplet & Associes, New York) have published their article Explaining France's New Mandat de Protection Future, Prob. & Prop., Jan./Feb., at 62. An excerpt from the introduction to...

"Inheritance Powder"

Posted on January 19, 2010
A new euphemism has just been brought to my attention -- inheritance powder. This term is used to refer to a poison, especially arsenic, which is used by evil individuals to accelerate their inheritances. See Robert Goolrick, A Reliable Wife,...

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Martin Luther King, Jr. Died Intestate

Posted on January 18, 2010
Today we celebrate the life of Martin Luther King, Jr., one of the main leaders of the American Civil Rights Movement. Dr. King devoted all of his income and talent to the movement. He died intestate, leaving less than $30,000...

CLE to Focus on Tax Developments, Including Estate and Gift Tax

Posted on January 18, 2010
The ABA Section of Taxation is sponsoring a teleconference and live audio webcast CLE entitled Current Developments in Individual, Corporate, Partnership and Estate & Gift Taxation on Jan. 27, 2010. A description of the program is below: Please join Professors...

Predictions for Wealthy Americans in 2010

Posted on January 18, 2010
One Wall Street Journal blogger makes the following predictions for wealthy Americans in 2010: The number of millionaires will increase slightly as part of a recovering economy, Inequality among the wealthy will be greater than previous years because a recession...

'Problems and Solutions Related to Planning With Life Insurance'

Posted on January 17, 2010
Marya P. Robben (attorney, Minneapolis) and Bob Cohen (principal, Tomar Fink, Inc.) have published their article Estate Planning With Life Insurance Policies: Reduce Potential Liability Claims While Improving a Client's Estate Plan, Prob. & Prop., Jan...

Top SSRN Downloads

Posted on January 17, 2010
Here are the top downloads from November 17, 2009 to January 16, 2010 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 183 Linton Family...

Estate Planning Caution During an Economic Downturn

Posted on January 16, 2010
William R. Culp, Jr. (partner, Culp Elliot & Carpenter) and Christian L. Perrin (associate, Culp Elliot & Carpenter) have published their article entitled The Case for Caution, Prob. & Prop., Jan./Feb., at 41. The U.S. economy is still feeling the...

Estate Tax Changes Cause Hesitancy About Being a "Test Case"

Posted on January 16, 2010
The New York Times featured yet another article about the estate tax repeal of 2010. The following quote form the article, regarding generation-skipping transfers under the changed law, sums-up the uncertainty for estate planning attorneys well: ?You have to be...

Proposition 8 Challenge Goes to Court

Posted on January 15, 2010
This week the federal district court in San Francisco began hearing arguments in a case challenging the constitutionality of Proposition 8, the state's ban on same-sex marriage. Attorneys David Boies and Theodore B. Olson, who were opposing counsel arguing the...

Estate Planning for Pets CLE

Posted on January 15, 2010
The ABA Section of Real Property, Trust & Estate Law is sponsoring a 90 minute teleconference and live audio webcast CLE entitled Ensure the Pet's Continued Care: Advising Your Clients about Planning for Their Pet's Care on Feb. 2, 2010....

Requirements of enforceable contractual will in Texas

Posted on January 15, 2010
Husband and Wife executed reciprocal wills containing the following provision: 8. Contract With Spouse. I hereby declare that I have an oral and/or written agreement with my spouse as to the disposition which may be made of my property, any...

Testacy and Intestacy Demographics

Posted on January 15, 2010
Alyssa A. DiRusso (associate professor of law, Cumberland School of Law) has posted on SSRN her article entitled Testacy and Intestacy: The Dynamics of Wills and Demographic Status, 23. Quinnipac Prob. L.J. 36 (2009). An abstract of the article is...

The 16th Annual Advanced Estate Planning Strategies Course

Posted on January 14, 2010
TexasBarCLE is sponsoring the 16th Annual Advanced Estate Planning Strategies Course in Santa Fe, April 8-9, 2010. A summary of the program is below: A highly interactive conference among panelists and attendees, this seminar will address four high level estate...

Retirement Benefits Update: Roth IRA Conversions

Posted on January 14, 2010
Harvey B. Wallace II (Berry Moorman, PC) has recently published his column entitled Retirement Benefits Planning Update in Prob. & Prop., Jan./Feb. 2010, at 46. The column focuses on Roth IRA conversions and covers the following topics: Roth IRA Characteristics...

Selling property by Texas independent administratrix

Posted on January 14, 2010
Independent Administratrix petitioned the court for permission to sell estate land asserting that the property was incapable of being partitioned. The court refused to hear the petition explaining that independent administrators are supposed to administer the estate without court oversight...

Estate Planning For Your Pets

Posted on January 14, 2010
According to a new Forbes article entitled Caring for Fido After You're Gone, special interest groups are pushing for more pet care related provisions: A group led by the chief financial officer of the Humane Society is currently seeking a...

The Estate Tax Transition: Falling Just Short of an Estate Tax Break

Posted on January 13, 2010
At least one family chose to let their loved one die naturally shortly before the new year rather than prolonging their loved one's life with artificial support in order to save $3 million with the 2010 estate tax repeal. Conversely,...

Underwater Endowment Funds Cause Legal and Accounting Challenges

Posted on January 13, 2010
Susan E Budak (consultant and author) and Susan N. Gary (professor of law, University of Oregon) have published their article Legal and Accounting Challenges of Underwater Endowment Funds, Prob. & Prop., Jan./Feb. 2010, at 28. The introduction of the article...

Judge William Treat Passes Away

Posted on January 13, 2010
Judge William W. Treat, the founder and first president of the National College of Probate Judges, passed away in Naples, Florida yesterday after suffering a heart attack. Judge Treat was 91 years old. Judge Treat actively worked to improve probate...

The "get half the intestate's fortune without heirs" scam

Posted on January 13, 2010
Here is another inheritance scam I recent received by e-mail: I am Karl Su, Principal Assurance manager for the Huxia Bank in China. I am contacting you in regards to an issue of great importance and an investment placed under...

Is a "real" descendant excluded by the will's definition of "descendant"?

Posted on January 13, 2010
Testator had three children, two biological children and one adopted child. Testator?s will defined ?children? by naming only his two biological children and the term ?descendants? to include these two children and their descendants. A later provision further defined ?descendants?...

Can a deceased person be a trust beneficiary?

Posted on January 12, 2010
In 1924, a partition agreement and decree created a trust of real property in favor of named beneficiaries. Disagreement arose over a 1950 deed which covered the same property ? did the 1950 deed (1) continue the 1924 trust or...

Eight Circuit Upholds Formula Disclaimer

Posted on January 12, 2010
Steve R. Akers (Bessemer Trust) has released his article entitled Estate of Christiansen v. Commissioner, 104 AFTR2d 2009-XXXX (8th Cir. Nov. 13, 2009, corrected Nov. 18, 2009): Eighth Circuit Upholds Formula Disclaimer Over Public Policy Objections (or ?Friday the 13th...

Acting as Executor of Ex-Wife's Estate, Billionaire Sues Ex-Wife's Family

Posted on January 12, 2010
Ronald Perelman is the chairman of Revelon, an extremely wealthy business man, and the executor of his ex-wife's estate. Perelman's questionable actions as executor of his ex-wife's estate were the subject of a recent CNNMoney.com article: Perelman was married to...

CLE: 'Going Blindly Where No Else Has Gone Before: The Opportunities and Challenges in 2010 of Estate and GST Tax Repeal, Carryover Basis, and Possible Reinstatement of the Estate and GST Taxes'

Posted on January 12, 2010
ALI-ABA and ACTEC are co-sponsoring a 90 minute teleconference and CLE entitled Going Blindly Where No Else Has Gone Before: The Opportunities and Challenges in 2010 of Estate and GST Tax Repeal, Carryover Basis, and Possible Reinstatement of the Estate...

New Postings Alert Available via Twitter

Posted on January 11, 2010
If you interested in following the Wills, Trusts, and Estate Blog on Twitter so you receive immediate notification whenever a new post is made, please follow me on Twitter. My Twitter user name is Gerry_Beyer.

The "I need a stand-in husband" will scam

Posted on January 11, 2010
Below is an e-mail I received enticing me to a "stand-in" husband or next-of-kin to receive about 20 million United Kingdom pounds (about $32 million). Here is the text of this outrageous scam message: Dear Sir/madam My names are Grace...

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