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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

Reasons to Give During Life Rather Than at Death

Posted on February 17, 2011
Although the new estate tax exemption received all the attention, a less-widely noticed tax change could affect more people. The lifetime gift tax exemption rose from $1 million to $5 million, causing families to reconsider how they transfer wealth. When...

Tax Breaks for Caregivers

Posted on February 17, 2011
People who provide care for an older adult may be entitled to tax breaks that help defray some of the costs of care, including: Some people may be able to claim a care recipient as a dependent and reduce taxable...

Hershey Trust Board Members Under Investigation

Posted on February 17, 2011
Robert Reese, grandson of the man who started Reese?s, is claiming that board members of the multibillion-dollar charitable trust that controls Hershey used trust assets to treat themselves to free golf, limousine rides, luxurious hotel stays, and extra compensation...

Post-Mortem Planning

Posted on February 16, 2011
Shelley A. Lee (Journalist, Atlanta, GA) recently published her article entitled The Life to Plan for After a Death, J. of Financial Plan. (Feb. 2011). The introduction is below: Freeze. If there?s one word that describes what estate planning attorney...

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College Loan Forgiveness Upon a Student's Death

Posted on February 16, 2011
When John Roark?s 26-year-old daughter died of cancer last year, he took over settling her estate. Two lenders related to her student loans, Sallie Mae and a Missouri student loan company, expressed their sympathy and forgave the loans. But Wells...

How did the Mubarak Family Get Its Billions?

Posted on February 16, 2011
Although none of the Mubaraks are on the Forbes list of the richest people, they probably should be. The British Guardian newspaper estimated that the family is worth approximately $40-70 billion, but the Huffington Post believes the correct number is...

Private Placement Life Insurance

Posted on February 16, 2011
Private placement life insurance is an investment inside an insurance policy. By placing otherwise taxable investments inside a tax-free life insurance policy, investors can obtain the death benefit and compounded gains of that investment, all tax-free...

Top SSRN Downloads

Posted on February 15, 2011
Here are the top downloads from December 15, 2010 to February 13, 2011 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 377 The Fundamentals...

Planning for Nonprobate Assets

Posted on February 15, 2011
Avoiding probate is important to save money, time, and privacy. However, unintended consequences can result from misunderstandings about who is entitled to nonprobate assets. For example, an ill parent may open a bank account as a co-owner with a child...

President Obama's 2012 Budget Proposal

Posted on February 15, 2011
President Obama introduced a 2012 budget proposal on Monday, which includes the following provisions that would affect wealthier taxpayers: An increased top rate on ordinary income from 35% to 39.6% and on dividends and long term capital gains from 15%...

The Red Market

Posted on February 15, 2011
In Inside the Business of Selling Human Body Parts, Wired, Feb. 2011, at 112, Scott Carney provides a fascinating look at methods of obtaining body parts, both legal and illegal, and the associated costs. The items discussed include: blood hair...

CLE on Medicaid Eligibility

Posted on February 14, 2011
My Legal Conferences is sponsoring a 60-minute webinar entitled Medicaid Eligibility Nuts & Bolts: Estate Planning Essentials on February 15, 2011. The summary is below: Securing proper Medicaid eligibility will prevent the loss of crucial benefits for the long-term welfare...

Happy Valentine's Day!

Posted on February 14, 2011
Wishing you and your special someone a very Happy Valentine's Day, Gerry

Important Tax Provisions in the New Law

Posted on February 14, 2011
Because the new tax law only lasts two years, estate plans need to be designed to withstand further changes from Congress. Although most attorneys agree that it is unlikely that the $5 million estate tax exemption will be lowered, it...

Maximizing Gift Tax Exemptions Through Charitable Donations

Posted on February 14, 2011
There are several ways to maximize the new gift tax exemptions through the use of charitable gifts. First is the charitable lead trust. A charitable beneficiary receives trust income, and the remaining principal becomes a gift to one or more...

Levels of Capacity for Estate Planning Documents

Posted on February 14, 2011
Georgia Akers (Associate Judge, Harris County Probate Court No. 3) recently published her article entitled ?Mind?ing Your Business: Estate Planning Documents and the Levels of Capacity Required for Execution, 3 Est. Plan. & Community Prop. L.J. 55 (2010)...

The Story of Same-Sex Marriage in Maps

Posted on February 13, 2011
Peter Nicolas (Jeffrey & Susan Brotman Professor of Law, University of Washington School of Law) and Mike Strong (Geographic Information Systems specialist) recently published their book entitled The Geography of Love: Same-Sex Marriage & Relationship Recognition in America (The Story...

Estate Battle has Prevented Public from Learning Details About Malcolm X

Posted on February 13, 2011
The six daughters of Malcolm X and Betty Shabazz have been fighting over Shabazz?s estate since she died in 1997. They?ve traded accusations of mental incapacity, irresponsibility, and fiscal mismanagement. The estate now owes more in taxes and penalties than...

Financial Advisor Focuses on Clients with Special Needs Children

Posted on February 12, 2011
Mary Rowland (personal finance journalist) recently published her article entitled Dealing with Special Needs, Financial Advisor (Feb. 2011). The article focuses on one financial advisor?s experience helping clients with special needs children. An excerpt from the end of the article...

J. Paul Getty III Ruined by Money, Died at Age 54

Posted on February 12, 2011
John Paul Getty of Getty Oil was said to be one of the world?s first billionaires. This made him and his family a target, and his grandson, J. Paul Getty III, was kidnapped in Rome in 1973 at age 16....

Harmless Error Rule for Wills in Israel

Posted on February 11, 2011
Samuel Flaks (Law Clerk for the Hon. Edwin Stern) recently published his article entitled Excusing Harmless Error in Will Execution: The Israeli Experience, 3 Est. Plan. & Community Prop. L.J. 27 (2010). The abstract is below: This article is a...

'Widows' Tax' Affects 55,000 Military Widows

Posted on February 11, 2011
The ?widows? tax? says that the surviving spouse of a soldier who dies in service can?t collect both survivor?s benefits and the annuity benefits the couple purchased from the Defense Department at retirement. Instead, the survivor benefit is subtracted from...

Television Executive Convicted of Beheading Wife

Posted on February 11, 2011
Former television network executive Muzzammil Hassan was recently convicted of second-degree murder for stabbing and beheading his wife who planned to divorce him. Hassan faces between 15 years to life behind bars. It will be interesting to see if he...

Super Bowl Ads Reinforce Importance of Planning for Pets

Posted on February 11, 2011
Even the Super Bowl ads are proof that pets are a special part of American families. USA TODAY tracks responses of viewers to Super Bowl ads and ranks them. The top three commercials featured dogs, and dogs played the leading...

Decedents' Estates Casebook

Posted on February 10, 2011
Raymond C. O?Brien (Professor of Law, Columbus School of Law) and Michael T. Flannery (Judge George Howard, Jr. Distinguished Professor of Law, University of Arkansas at Little Rock School of Law) recently published their book entitled Decedents? Estates: Cases and...

Mets Likely to be Sold Because of Madoff

Posted on February 10, 2011
Although they didn't know that Bernard Madoff was doing anything illegal, New York Mets? principal owner Fred Wilpon, COO Jeff Wilpon, and team president Saul Katz are currently being sued for $1 billion. They have announced that they are currently...

Dr. Conrad Murray Trial Will be Televised

Posted on February 10, 2011
Judge Michael Pastor handed down a surprise order on Monday regarding Dr. Conrad Murray?s manslaughter trial for the death of Michael Jackson: the trial will be televised. Opening statements should begin in April. ?The trial will not only put the...

Felix Rohatyn Transfers Co-op to Family Trust

Posted on February 10, 2011
Felix G. Rohatyn, the titanic banker who is famous for helping save New York City from bankruptcy, recently transferred his full-floor co-op to a trust composed of himself, his wife, his son, and a friend. He transferred the property for...

Removing 2057 from the Code

Posted on February 09, 2011
Kelly A. Moore (Assistant Professor of Law, University of Toledo College of Law) recently published his essay entitled Will the Applicable Exclusion Amount Tame Section 2057, Again?, 3 Est. Plan. & Community Prop. L.J. 13 (2010). An excerpt from the....

Students Getting Married to Save Tuition Money

Posted on February 09, 2011
Students must meet three requirements to be considered ?in-state? for tuition purposes at the University of California, Berkeley: physical presence, intent to remain there, and financial independence. Out-of-state students pay an additional $22,000 per year to attend the school, so...

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