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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

No Federal Estate Tax = No Inheritance For Your Spouse?

Posted on January 03, 2010
According to Martin Vaughan, Estate-Tax Repeal Means Some Spouses Are Left Out, WSJ, Jan. 2, 2010, the federal estate tax repeal could leave some spouses out in the cold:[W]ills typically direct assets not subject to the tax be passed on...

Top SSRN Downloads

Posted on January 03, 2010
Here are the top downloads from November 3, 2009 to January 2, 2009 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 133 Linton Family...

Survey Reveals UK Expectations Regarding Inheritances

Posted on January 02, 2010
The results of a recent United Kingdom survey regarding inheritance issues were summarized by the London Evening Standard. The survey results reveal that a majority of those surveyed want to leave an inheritance for their family and expect to receive...

Michigan Trusts & Estates Survey Article

Posted on January 02, 2010
Daniel W. Matthews (associate professor, Thomas M. Cooley Law School) recently published his article entitled Trusts and Estates, 55 Wayne L. Rev. 645 (2009). Below is the introduction to the article: The Michigan Court of Appeals rendered three published opinions...

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Predicting What 2010 Holds

Posted on January 01, 2010
In the spirit of welcoming a new year, The Trust Advisor Blog recently featured a list of 16 predictions for 2010, including predictions for the future for our economy, a new Apple product, off-shore investing, and more. See Jerry Cooper,...

Happy New Year!

Posted on January 01, 2010
Good Morning and Happy New Year, As you are probably aware, this blog attempts to serve as a central site to locate and explore comprehensive materials to enhance your teaching of courses that address intestate succession, wills, trusts, estate administration,...

Estate Tax Repeal Keeps Some Alive a Little Longer, But For What?

Posted on January 01, 2010
Yesterday the Wall Street Journal reported that the federal estate tax repeal of 2010 was motivating some wealthy Americans to stay alive or keep loved ones alive at least until today. One estate planner reported a client who added euthanasia...

Colorado & Iowa top states with registered organ donors

Posted on January 01, 2010
According to Donate Life America, the five states with the highest percentage of people registering as organ donors through their motor vehicle's departments are as follows: Colorado (64%) Iowa (64%) Montana (62%) Wyoming (59%) Washington (56%) See Anne R...

Pauly Shore Files Lawsuit Against Brother Over Family Comedy Store

Posted on December 31, 2009
Actor and Comedian Pauly Shore recently filed a lawsuit asking that he be reinstated as a member of the board that oversees his family's comedy club and that his brother Peter turn over the club's financial records. Mitzi Shore, Pauly...

CLE to Discuss the Consequences of the Federal Estate Tax Repeal

Posted on December 31, 2009
The ABA Section of Real Property, Trust & Estate Law is sponsoring a teleconference and live audio webcast CLE entitled What Hath Congress Wrought? Dealing with Estate Tax Repeal, Carryover Basis and Other Potential Complications of Congressional Inaction on Jan...

The Uniform Power of Attorney Act in Virginia

Posted on December 31, 2009
Andrew H. Hook (partner, Oast & Hook) & Lisa V. Johnson (attorney, Oast & Hook) recently published their essay entitled The Virginia Uniform Power of Attorney Act, 44 U. Rich. L. Rev. 107 (2009). The laws related to Durable Powers...

Blog Reception at AALS Annual Meeting

Posted on December 30, 2009
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...

TV Pilot of "The Will" Airs on Investigation Discovery

Posted on December 30, 2009
Earlier this month the pilot episode of a new TV series called "The Will: Family Secrets Revealed" aired on Investigation Discovery. The show documents interesting and entertaining family disputes over the estate of a deceased loved one, which should satisfy...

End of Life Decision Could Include Terminal Sedation

Posted on December 30, 2009
The New York Times recently featured a fascinating article on terminal sedation: Terminal sedation is a form of palliative care where very ill, near-death patients are given sedative drugs so that the patient's final days are spent sedated and free...

California Court Holds that Settlor Incapacity Removal Requires Doctor to Review Incapacity Letters

Posted on December 30, 2009
In Rands v. Rands, 178 Cal. App. 4th 907 (App. Ct. 2009), the trust provided that settlor?s incapacity could be established by the certification of two physicians, and the revocation of such certification could be accomplished by the certification of...

Virginia Wills, Trusts, and Estates Update

Posted on December 30, 2009
J. Rodney Johnson (professor of law, University of Richmond) has recently published his article Wills, Trusts, and Estates, 44 U. Rich. L. Rev. 631 (2009). The introduction to the article is below: The 2009 Session of the General Assembly enacted...

New Edition of Texas Elder Law Released

Posted on December 29, 2009
Molly Dear Abshire, H. Clyde Farrell, Patricia Flora Sitchler, and Wesley E. Wright have recently published the 2009-2010 edition of their treatise, Texas Elder Law (Vol. 51, Texas Practice Series). Here is the publisher's description of this book: This book...

Should Trust Law's "Make-Whole" Relief Be Available Under ERISA � 502(A)(3)?

Posted on December 29, 2009
Susan Harthill (associate professor of law, Florida Coastal School of Law) has published her article entitled A Square Peg in a Round Hole: Whether Traditional Trust Law "Make-Whole" Relief is Available Under ERISA Section 502(A)(3), 61 Okla. L. Rev. 721...

A Different Perspective on the 2010 Estate Tax Repeal

Posted on December 29, 2009
The following regarding the federal estate tax is taken from a New York Times editorial entitled An Estate Tax Mess, at A26, Dec. 27, 2009:[U]nder today?s law, when heirs sell inherited property, no capital gains tax is due on the...

Boxer Arturo Gatti Leaves Behind Questions, Money, and Two Wills

Posted on December 29, 2009
The controversy surrounding the recent death of retired boxer Arturo Gatti was recently covered by the New York Times: Gatt was reportedly strangled with the strap of a purse belonging to his wife. Initially, Brazilian authorities accused Gatti's wife of...

D.C. AG Argues Anti-Gay-Marriage Initiative Would Violate Human Rights Act

Posted on December 28, 2009
A group in the District of Columbia sued after the D.C. Board of Elections and Ethics denied a ballot measure that would invalidate a bill allowing same-sex marriage in the district. The Board found that the ballot measure would discriminate...

Descendent Seeks Art Nationalized During the Communist Revolution

Posted on December 28, 2009
The great-grandson of a man whose property was nationalized during the Communist Revolution in the former Soviet Union is seeking the return of some of that property. Specifically, the grandson seeks ownership of a Vincent Van Gogh painting entitled The...

Estate Tax Receives "Lump of Coal" Award

Posted on December 28, 2009
Howard Gleckman has included the estate tax on his top ten list entitled Tax Vox?s Lump of Coal Award: The Worst Tax Ideas of 2009. Here is what he has to say: The Estate Tax. Now you see it. Now...

Trusts & Estates (as well as Elder Law) Deemed Hot Areas of Practice

Posted on December 28, 2009
According to Robert Denney?s report on What's Hot and What's Not in the Legal Profession, Trusts & Estates and Elder Law are among the "hot" areas of practice. Special thanks to Paul Caron (Associate Dean of Faculty Charles Hartsock Professor...

Assisted Suicide and Inheritance in Wisconsin

Posted on December 27, 2009
Matthew Berry Reisig (J.D. Candidate, May 2010, American University, Washington College of Law) has published his comment entitled O To A, For Helping Kill O: Wisconsin's Decision not to Bar Inheritance to Individuals who Assist a Decedent in Suicide, 17...

Top SSRN Downloads

Posted on December 27, 2009
Here are the top downloads from October 27, 2009 to December 26, 2009 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 461 2009 Federal...

'Gender Dimensions of Inheritance'

Posted on December 26, 2009
Daphna Hacker (assistant professor, Tel-Aviv University) recently posted on SSRN an article entitled The Gender Dimensions of Inheritance: Empirical Food for Legal Thought, J. of Empirical Legal Studies (forthcoming, Vol. 7, No. 2, 2010). The following is an abstract of...

Happy First Day of Kwanzaa

Posted on December 26, 2009
Good Morning, Happy first day of Kwanzaa! Gerry

Federally Guaranteed Annuities: A Solution for 401(k) Management Problems

Posted on December 25, 2009
Lawrence A. Frolik (professor of law, University of Pittsburgh) has posted on SSRN his article entitled Protecting Our Aging Retirees: Converting 401(K) Accounts into Federally Guaranteed Lifetime Annuities. An abstract of the article is below: America?s retirees are faced with...

Merry Christmas!

Posted on December 25, 2009
Greetings, To all my Christian readers, please accept my best wishes for a very Merry Christmas. Gerry

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