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Estate Planning

Wills, Trusts & Estates Prof Blog 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

Recent Entries: 3678

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Guidance for Including a Pet in a Client's Estate Plan

Posted on January 11, 2010
Gerry W. Beyer (Governor Preston E. Smith Regents Professor of Law, Texas Tech University) has recently posted on SSRN his article entitled Pet Trusts: Fido With a Fortune. Here is the abstract of his article: Dogs, cats, parrots, and other...


Attorney's Fees in Probate -- New Texas case

Posted on January 11, 2010
The following discussion summarizes the recent case of In re Estate of Washington, 289 S.W.3d 362 (Tex. App.?Texarkana 2009, pet. denied). Appeal -- Denial of Attorney?s Fees is Final Order A removed executor unsuccessfully petitioned the trial court for attorney?s...


Using a bill of review in a probate matter -- Texas style

Posted on January 10, 2010
After enduring considerable questionable behavior by a will beneficiary who wanted to overturn the probate of his grandmother?s will and instead probate an alleged later will in which he was named as the sole beneficiary, the trial court sanctioned the...


Top SSRN Downloads

Posted on January 10, 2010
Here are the top downloads from November 9, 2009 to January 8, 2010 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 162 Linton Family...


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Small Business Estate Tax Strategies

Posted on January 09, 2010
Last month the Wall Street Journal featured an article about the estate tax strategies of small business owners whose assets are largely tied up in operating their business. The following excerpt provides one business owner's perspective on planning for a...


Thanks to Blog Reception Attendees

Posted on January 09, 2010
Thanks to all of you who stopped by the Blog Reception last night (January 8, 2010) at the AALS Annual Meeting in New Orleans. I enjoyed visiting with you and appreciated your taking the time to share with me your...


New Jersey Same-Sex Marriage Bill Defeated in the Senate

Posted on January 09, 2010
Last week the New Jersey Senate defeated a bill that would have legalized same-sex marriage in the state. Proponents hoped to get the bill to Governor Jon Corzine, who supported the bill, before the state's new governor, who opposes same-sex...


Letters to the Editor Regarding the Estate Tax

Posted on January 08, 2010
I previously reported on a New York Times editorial entitled An Estate Tax Mess. The Times received and published a number of letters to the editor in response to this editorial. A couple of the responses are below: Taxation should...


British Soap Opera Actor Leaves Bulk of His Estate to Charity

Posted on January 08, 2010
Fans of British Soap Operas should be familiar with the name Norman Painting. For those unfamiliar with the name, Painting was an actor on the British series The Archers, the longest running soap opera in the world. Painting recently died,...


The Nexus of Google's New Phone & The Estate of Phillip K. Dick

Posted on January 08, 2010
Google's new phone, Nexus One, runs on Google's Android operating system. The daughter of author Phillip K Dick claims that the phone's name infringes on the intellectual property rights of her father's estate; however, an attorney for the estate has...


Reforming & Unifying Estate Tax Apportionment Rules for Wills & Revocable Trusts

Posted on January 08, 2010
Ira Mark Bloom (professor of law, Albany Law School) has posted on SSRN his article entitled Unifying the Rules for Wills and Revocable Trusts in the Federal Estate Tax Apportionment Arena: Suggestions for Reform, 62 U. Miami L. Rev. 767...


AALS Blog Reception -- Location Announced

Posted on January 08, 2010
I will host an informal reception on Friday, January 8, 2010, at 8:30 p.m. at the Spirits Bar (1st Floor, Hilton New Orleans Riverside Hotel). This is immediately after the Gala Reception. I would enjoy visiting with my readers and...


San Antonio to Host Midyear Tax Meeting, CLE, and Conference

Posted on January 07, 2010
The ABA Section of Taxation is sponsoring the 2010 Midyear Meeting CLE and Conference on Jan. 21-23, 2010. A summary of the program is below: San Antonio, Texas welcomes the Section of Taxation to the 2010 Midyear Meeting, January 21-23,...


A Solution for the Shortcomings of Equitable Adoption

Posted on January 07, 2010
Irene Johnson (professor of law, Pace University) has posted on SSRN her article entitled A Suggested Solution to the Problem of Intestate Succession in Non-Traditional Family Arrangements ? Taking the ?Adoption? (and the Inequity) Out of the Doctrine of ?Equitable...


More on Casey Johnson, Johnson & Johnson Heiress

Posted on January 07, 2010
Yesterday featured a blog reporting the death of Casey Johnson, Johnson & Johnson heiress. Specifically, Casey Johnson "was the great-great-granddaughter of Robert Wood Johnson I, co-founder of the Johnson & Johnson company." Jo Piazza, J&J heiress Casey Johnson had high-profile...


Franz Kafka's Papers: Property of an Israeli Archive or a Family?

Posted on January 07, 2010
The fate of Franz Kafka's personal papers is up in the air over 85 years after his death. Kafka, an influential writer of the 20th century, died in 1924. Kafka requested that his papers be burned, but the executor of...


Johnson & Johnson Heiress Dies

Posted on January 07, 2010
The body of Casey Johnson, the heiress to Johnson & Johnson, was found on Monday. The time and cause of death is unknown. Johnson was 30 years old, diabetic, and reportedly had been cut off from her trust fund after...


Key Elder Law Numbers for 2010

Posted on January 06, 2010
ElderLaw Answers has released A Roundup of Key Elder Law Numbers for 2010, which summarizes critical numbers and thresholds for the following elder law areas: Medicaid Spousal Impoverishment Figures: Unchanged for 2010. Annual Gift Tax Exclusion: Remains at $13,000...


Understanding and Reacting to Estate Tax Changes in 2010

Posted on January 06, 2010
Yesterday CBS Money Watch featured an informative and comprehensive article entitled Estate Tax: What You Need to Know for 2010. The article first explains the basic estate tax changes in 2010: a decrease in the gift tax rate, the repeal...


Blog Reception at AALS Annual Meeting -- Friday, January 8, 2010 at 8:30 p.m.

Posted on January 06, 2010
Are you attending the AALS Annual Meeting in New Orleans? If so, I would like to invite you to an informal reception on Friday, January 8, 2010, at 8:30 p.m. immediately following the Gala Reception. I would enjoy visiting with...


Maine Law Firm Verrill Dana May Have Been Involved in Attorney's Misconduct

Posted on January 05, 2010
John D. Duncan, formerly an attorney at Verrill Dana in Maine, was disbarred and sentenced to 28-months in a federal prison for stealing money from clients and his law firm. Now, the Maine Board of Bar Overseers is seeking evidence...


Autonomy and Protection of the Uniform Power of Attorney Act

Posted on January 05, 2010
Linda S. Whitton (professor of law, Valparaiso School of Law) published her article entitled The Uniform Power of Attorney Act: Striking a Balance Between Autonomy and Protection, 1 Pheonix L. Rev. 343 (2008). The Introduction to the article is below:...


Gift Tax Annual Exclusion Unchanged in 2010

Posted on January 05, 2010
The gift tax annual exclusion will remain at $13,000 in 2010. See IRS.gov, Annual Exclusions for Gifts (last updated Nov. 25, 2009).


ABA Releases A Legal Guide for the Seriously Ill

Posted on January 05, 2010
The ABA has released a 50 page guide entitled Legal Guide for the Seriously Ill: Seven Key Steps to Get Your Affairs in Order (an online PDF of the guide is linked). Below is a summary of the guide taken...


Blog Reception at AALS Annual Meeting -- Friday, January 8, 2010 at 8:30 p.m.

Posted on January 05, 2010
Are you attending the AALS Annual Meeting in New Orleans? If so, I would like to invite you to an informal reception on Friday, January 8, 2010, at 8:30 p.m. immediately following the Gala Reception. I would enjoy visiting with...


Estate Planning For Digital Property

Posted on January 04, 2010
Digital estate planning is certainly a hot topic, and The Trust Advisor Blog recently featured a useful compilation of information entitled Understand and Manage Digital Property. In addition to a definition of digital property and the various legal considerations associated...


Avoid Common Insurance Planning Mistakes

Posted on January 04, 2010
The ABA Section of Real Property, Trust & Estate Law is sponsoring a teleconference and live audio webcast CLE entitled The Top Thirty (or so) List of Both Personal and Business Insurance Planning Mistakes: And How to Avoid (or at...


A Retroactive Estate Tax

Posted on January 04, 2010
The Wall Street Journal adds the following to the possibility of a retroactive estate tax law for 2010: In 1993, the Supreme Court rejected a case challenging a retroactive tax increase that cost the estate of Ellen Clayton Garwood $1.3...


Benefits of the Trust's Title-Split

Posted on January 04, 2010
Kent D. Schenkel (associate professor of law, New England Law, Boston) recently published his article entitled Trust Law and the Title-Split: A Beneficial Perspective, 78 UMKC L. Rev. 181 (2009). This Article first finds that the trust, analyzed from the...


Blog Reception at AALS Annual Meeting

Posted on January 04, 2010
Are you attending the AALS Annual Meeting in New Orleans? If so, I would like to invite you to an informal reception on Friday, January 8, 2010 immediately following the Gala Reception. I would enjoy visiting with my readers and...


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