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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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Farewell Videos

Posted on December 07, 2009
An increasing number of individuals are interested in leaving "farewell videos" to be watched after they are dead. The following excerpts are from Kristen McNamara, Lights, Camera...Last Words, Wall St. J., Dec. 3, 2009: Some individuals have found a way...


Another Estate Tax Bill Introduced into House

Posted on December 07, 2009
The following information is from Hani Sarji, Rep. Nye [D-VA] introduces H.R. 4174 on 12/2/09, Future of the Federal Estate Tax Blog, Dec. 3, 2009: On December 2, 2009, Rep. Glenn C. Nye [D-VA] introduced H.R. 4174, Tax Relief for...


Organizations Push for Tax Bill to Exclude Farms From Estate Tax

Posted on December 07, 2009
According to Marc Patterson, Groups Push for Farm Exemption From Estate Tax, Wealth Strategies Journal, Dec. 1, 2009, Organizations are pushing for broader exemption to the estate tax bill that would exclude farms from estate taxes. In a November 30....


The Appropriateness of Applying Multi-Level Discounts for Tiered Entities.

Posted on December 07, 2009
James G. Robe (Portland, Oregon) has published his article entitled Multi-Level Discounts for Tiered Entities--Insights from Historical Case Law, 35 Am. C of Trust and Estate Counsel J. 137 (2009). The introduction of the article is below: How successful have...


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Kentucky: Uncertainty & the Longmeyer Decision

Posted on December 06, 2009
Turney P. Berry (attorney, Louisville, Kentucky), David M. English (professor of law, University of Missouri), & Dana G. Fitzsimons, Jr. (associate, Mcguire Woods) have published their article entitled Longmeyer Exposes (or Creates) Uncertainty About the Duty to Inform Remainder Beneficiaries...


Top SSRN Downloads

Posted on December 06, 2009
Here are the top downloads from October 7, 2009 to December 6, 2009 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 336 2009 Federal...


Jackson's Alleged Love Child Seeks Paternity Determination

Posted on December 05, 2009
The birth certificate of Prince Michael Malachi Jet Jackson, who is now 24 years old, reportedly states that his father is Michael Jackson. It is reported that after having been denied a share of Jackson's estate by the estate executors,...


Examining The Politics of Estate Tax Reform

Posted on December 05, 2009
Edward J. McCaffery (professor of law, University of Southern California) has published his article entitled Through the Looking Glass: The Politics of Estate Tax Reform, 35 Am. C of Trust and Estate Counsel J. 121 (2009). The following is an...


More on Tiger Woods' new marital agreement

Posted on December 05, 2009
Yesterday, I reported that Tiger Woods is allegedly entering into a new marital agreement with better terms for his wife, Elin Nordegren, in his attempt to keep her married to him. Here are some additional details from Peter Cohan, Tiger...


Charitable and Purpose Trusts in Delaware

Posted on December 04, 2009
Adam J. Hirsch (William and Catherine VanDercreek Professor of Law, Florida State University College of Law) has recently published his article entitled Delaware Unifies the Law of Charitable and Noncharitable Purpose Trusts, Est. Plan., Nov. 2009, at 13...


Cave Dwellers to Become Billionaires

Posted on December 04, 2009
Zsolt and Geza Peladi, two homeless brothers living in a cave outside of Budapest, have just learned that they will share, along with their sister who lives in the United States, their German grandmother's fortune worth over $7 billion. See...


Large Qualified Plan Benefit Processor Applies for Trust Charter in South Dakota

Posted on December 04, 2009
PenChecks, Inc., claimed to be the largest qualified plan benefit distribution processing organization in the nation, has applied for a trust charter in South Dakota. Currently, PenChecks serves primarily bank trustees and self-trustees by providing retirement plan benefit check processing...


Trust Beneficiary as Owner for Income Tax Purposes

Posted on December 04, 2009
Jonathan G. Blattmachr (retired partner, Milbank, Tweed, Hadley & McCloy LLP), Mitchell M. Gans (professor of law, Hofstra University), & Alvina H. Lo have published their article entitled A Beneficiary as Trust Owner: Decoding Section 678, 35 Am. C of...


Price for Cheating -- $5,000,000

Posted on December 04, 2009
According to Nick Allen, Tiger Woods 'offered wife Elin $5m after transgressions', Telegraph, Dec. 3, 2009, professional golfer Tiger Woods has offered his wife, Elin Nordegren, $5 million if she will remain married to him. This may be a cheap...


Estate Tax Repeal in Jeopardy After House Vote

Posted on December 03, 2009
Although 26 Democrats joined with Republicans, the House of Representatives voted today [12/3/09] 225 to 200 to retain the 2009 estate tax exemption ($3.5 million) and rates (top rate of 45%) for deaths in 2010 and thereafter. The following excerpt...


States with fewest cremations

Posted on December 03, 2009
According to Anne R. Carey & Sam Ward, Where cremation is least common, USA Today, Nov. 10, 2009, at 1A, the states with the lowest creation rates are as follows: Mississippi -- 10.4% Alabama -- 12.9% Kentucky -- 13.2% Tennessee...


U.S. House may consider estate tax bill today (December 3, 2009)

Posted on December 03, 2009
The following excerpt is from House Set to Vote on Pomeroy Estate Tax Bill, OMB Watch, Dec. 2, 2009: The House plans to take up estate tax reform as early as tomorrow [12/3/09] with a vote on Rep. Earl Pomeroy's...


New York Senate Defeats Same-Sex Marriage Proposal

Posted on December 03, 2009
On December 2, 2009, by a vote of 24 to 38, the New York Senate defeated a bill which would have permitted same-sex marriage. See Jeremy W. Peters, New York State Senate Votes Down Gay Marriage Bill, NY Times, Dec....


Number of Filed Estate Tax Returns Has Dropped

Posted on December 03, 2009
The Statistics of Income Bulletin, an IRS publication, reports that the number of filed estate tax returns dropped from 108,000 in 2001 to 38,000 in 2007. The primary reason? Increases in the estate tax exemption that began in 2001, with...


'New Reasons to Remember the Estate Tax of Reversions'

Posted on December 03, 2009
F. Phillip Manns, Jr. (professor of law, Liberty University) has published his article entitled New Reasons to Remember the Estate Taxation of Reversions, 44 Real Prop. Trusts Estates L. J. 324 (2009). A synopsis of the article is below: When...


Canadian television production company seeks dramatic will stories

Posted on December 02, 2009
Canadian-based TV production company ? CMJ PRODUCTIONS - is currently shooting a new documentary series called, ?The Will? airing on INVESTIGATION DISCOVERY. "The Will" tells the true life stories of complex and surprising disputes that have arisen surrounding a will,...


The Step Transaction Doctrine

Posted on December 02, 2009
Wendy Gerzog (Professor of Law, University of Baltimore School of Law) has recently posted on SSRN her article entitled Linton Family LLC and the Step Transaction Doctrine, 125 Tax Notes 1027 (2009). "This article discusses Linton, a district court decision...


Overview of Creating an Intentional Grantor Trust

Posted on December 02, 2009
Stephen R. Akers (managing director of a trust company), Jonathan G. Blattmachr (retired partner, Milbank, Tweed, Hadley & McCloy LLP), & F. Ladson Boyle (professor of law, University of South Carolina) have published their article entitled Creating Intentional Grantor Trusts,...


Japanese Man Marries Video Game Girlfriend

Posted on December 02, 2009
Many prior postings have covered the debate surrounding same-sex marriage. Taking the non-traditional to the next level, a Japanese man reportedly married a video game character from a Nintendo video game. While the wedding ceremony included a priest and a...


Will California ban divorce?

Posted on December 01, 2009
A grass roots movement is underway in California to ban divorce. John Marcotte is collecting signatures on petitions to place a measure on the 2010 California ballot which reads as follows: SECTION 1. Title. This act shall be known as...


Special Needs Trusts for Children With Autism

Posted on December 01, 2009
The National Constitution Center is sponsoring an audio conference CLE entitled Special Needs Trusts: Financial Planning for Children with Autism on Dec. 8, 2009. Here is a summary of the program: Planning for the long-term care of a child with...


Potentially Problematic Trust Funding the Milton Hershey School

Posted on December 01, 2009
Milton Hershey used his chocolate fortune to found a trust to benefit children. Robert Sitkoff (professor of law, Harvard) recently commented on this potentially problematic trust in a Wall Street Journal article: The trust funds the Milton Hershey School, which...


The Risks and Rewards of Stranger-Owned Life Insurance

Posted on December 01, 2009
The Nov. 2009 issue of the Illinois Bar Journal contains the following two articles addressing collectively entitled Stranger-Owned Life Insurance: The Risks and Rewards. Stephen M. Margolin (shareholder, Chuhak & Tecson, PC) & Valerie J. Freireich (partner, Chuhak & Tecson,...


NYC AV Rated Trusts & Estates Boutique Firm Seeks Associate or Counsel

Posted on November 30, 2009
A NYC AV rated trusts & estates boutique firm is seeking a mid-level Associate to Counsel level attorney. Immediate Hire. 3-15+ years Trusts, Estates, and Probate experience required. Part Time or Full Time. Flexible schedule. Sophisticated Practice in collegial environment...


Casket Falls and Cracks Open During Burial

Posted on November 30, 2009
In May 2008, the burial of Robert Gowdy, Sr., allegedly when horribly wrong. The family is suing the the City of Mesa, Arizona, cemetery workers, a funeral home, and a casket company after Gowdy's casket allegedly dropped and cracked open...


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