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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

Could Banks Write "Wills" In Preparation for Economic Crisis?

Posted on October 01, 2009
Attempting to apply the lessons learned from properly preparing for death with a will, the British Treasury and central bank has suggested that banks write their own "living wills," which would outline the wind-down of operations and distribution of assets...

Utilizing a Letter of Wishes in Trust Creation

Posted on October 01, 2009
Alexander A. Bove, Jr., (attorney, Boston) has published his article entitled The Letter of Wishes: Can We Influence Discretion in Discretionary Trusts?, 35 Am. C. of Trust & Estate Counsel 38 (Summer 2009). The editor's synopsis of the article is...

When Bankruptcy and Probate Collide

Posted on October 01, 2009
Lorman Education Services is offering a CD set or podcast and manual of a teleconference entitled When Worlds Collide - Bankruptcy and Probate. A description of the teleconference is below: Until the U. S. Supreme Court's 2006 decision in Marshall...

Annual Meeting Program for AALS Section on Trusts and Estates Announced

Posted on October 01, 2009
The AALS Section on Trusts and Estates is pleased to announce the program for the Annual Meeting on Saturday, January 9, 2010 Phyllis C. Smith, Associate Professor, Florida A&M University College of Law: The Estate and Gift Tax Implications of...

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Dying at Home May Not Be As Peaceful For Loved Ones

Posted on October 01, 2009
When a loved one chooses to die at home, the family should prepare to the fulfill certain post-death requirements, including: Determination by a licensed professional that the person is actually deceased. Completing a death certificate properly. Selecting an undertaker...

Various Madoff Relatives Face Lawsuits from Madoff Bankruptcy Trustee

Posted on September 30, 2009
Irving Picard, the court appointed Bernard Madoff bankruptcy trustee, plans to sue two of Madoff's sons, a brother, and a neice for negligence and breach of fiduciary duty in their roles as part of Madoff's business. According to Picard, these...

Texas Estate Planning and Probate Drafting CLE

Posted on September 30, 2009
TexasBar CLE presents the 20th annual Estate Planning and Probate Drafting Course. The course will be presented live in Dallas on Oct. 29 & 30 and will be presented by video in Houston on Dec. 2 & 4. Course highlights...

Illinois Court Declines to Invalidate Religious Marriage Condition Placed on Inheritance

Posted on September 30, 2009
In re Feinberg, 2009 Ill. Slip Op. 106982 (SC Sept. 24, 2009): The Illinois Supreme Court decided whether to invalidated an inheritance condition based on marrying within the Jewish faith. Below is the case summary for the case provided by...

Alternative Reproductive Technologies Create Posthumous Heirs & Legal Problems

Posted on September 30, 2009
Charles P. Kindregan, Jr., (professor of law, Suffolk University) has posted on SSRN his article entitled Dead Dads: Thawing an Heir from the Freezer, 35 William Mitchell L. Rev. 433 (2009). The abstract of the article is below: In Dead...

Illinois Will Repository Statute

Posted on September 29, 2009
Helen W. Gunnarsson (Highland Park, Illinois attorney and writer) explains the operation of the new Illinois law authorizing the creation of a repository for attorneys to deposit original wills for long-lost clients in Illinois? New Will Repository Law, 97 Ill...

More on Assisted Suicide Guidelines in England

Posted on September 29, 2009
As previously noted, the top prosecutor in England released factors his department would use in deciding whether to prosecute under the country's assisted suicide ban. These guidelines were ordered after noteworthy assisted suicide cases forced the issue to the forefront:...

Organ Donation: Opt-Out, Mandated, or by I-Phone?

Posted on September 29, 2009
Most U.S. states use an opt-in approach for organ donation. Alternatives include the opt-out and the mandated approaches, which could motivate U.S. citizens who would like to be an organ donor to make their intent known: Opt-out: Citizens are presumed...

Acceptable Nontax Purposes for Family Limited Partnership Investments

Posted on September 29, 2009
Prof. Wendy Gerzog (University of Baltimore School of Law) has published her article entitled Miller: Effective FLP Line Drawing, Tax Notes, Vol. 124, No. 12 (2009). The abstract is below: Miller is a decision on family limited partnerships (FLPs) with...

Woman Who Owns Bulk of Marilyn Monroe's Estate Barely Knew Her

Posted on September 28, 2009
When Marilyn Monroe died, she was single and childless, but she did have a will. Monroe signed a will one year before her death. She left $100,000 in trust to care for her mother, who was institutionalized for mental illness...

Suicide Kit Is a Controversial Purchase

Posted on September 28, 2009
Dr. Phillip Nitschke, founder and director of a pro-euthanasia group, teaches individuals how to die peacefully and at their own will with the aid of a suicide drug-testing kit (pictured). The kit contains the drug Nembutal, which is used by...

Vermont Adopts Uniform Trust Code

Posted on September 28, 2009
New law in Vermont adopts the Uniform Trust Code. 2009 Vt. Laws No. 20. The state legislature's website provides a detailed summary of the act, including the following excerpt: This act modernizes and codifies the laws governing testamentary and inter...

Use of Trusts In Medicaid and non-Medicaid Asset Protection

Posted on September 28, 2009
Bradley E.S. Fogle (professor of law, St. Louis University), Jr. has published his article entitled Scylla and Charybdis Attack: Using Trusts for Medicaid Planning and Non-Medicaid Asset Protection, 35 Am. C. of Trust & Estate Counsel 45 (Summer 2009)...

How an Illinois estate planner can survive changing times

Posted on September 28, 2009
In Winning at Darwin?s Game, 97 Ill. B.J. 420 (2009), Katarinna McBride (Beerman Swerdlove, LLLP, Chicago, Illinois) explains how changes in federal law, plus the Illinois estate tax which is decoupled from the federal tax schedule and the new Illinois...

Washington Expands Slayer Statute

Posted on September 27, 2009
New legislation in Washington state expands the slayer statute to include someone who participates, either as a principal or an accessory before the fact, in the willful and unlawful financial exploitation of a vulnerable adult. 2009 Wash. Legis. Serv...

The Creighton University Law Review

Posted on September 27, 2009
The Creighton University Law Review announces the third annual multidisciplinary symposium on Friday, April 16, 2010, at Creighton University School of Law in Omaha, Nebraska. The Law Review is soliciting papers to be presented at the symposium, which will explore...

Analysis of UPC Provisions Concerning Assisted Reproduction: Class Gifts and Intestacy

Posted on September 27, 2009
Sheldon F. Kurtz (professor of law, University of Iowa) and Lawrence W. Waggoner (professor of law, University of Michigan) have published their article entitled The UPC Addresses the Class-Gift and Intestacy Rights of Children of Assisted Reproduction Technologies, 35 Am...

Top SSRN Downloads

Posted on September 27, 2009
Here are the top downloads from July 28, 2009 to September 26, 2009 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 236 Protecting Trust...

The Ethics of Representing Families When Creating Family Entities

Posted on September 26, 2009
Mary F. Radford (Professor of Law, Georgia State University College of Law) has published her article entitled Ethical Challenges in Representing Families in Family Limited Partnerships, 35 Am. C. of Trust & Estate Counsel J. 2 (Summer 2009). The editor's...

Vermont Adopts Uniform Prudent Management of Institutional Funds Act

Posted on September 26, 2009
Vermont has enacted the Uniform Prudent Management of Institutional Funds Act. 2009 Vt. Laws No. 9. A excerpt from a summary of the new law provided by the state's legislature is posted below: This act adopts the Uniform Prudent Management...

Converting to a Roth IRA in 2010

Posted on September 25, 2009
Richard Kaplan (professor of law, University of Illinois) has published his article entitled To Roth or Not to Roth: Analyzing the Conversion Opportunity for 2010 and Beyond, Bureau of Nat'l Affairs Daily Tax Report, Sept. 22, 2009. The abstract of...

Illinois Enacts Convenience Account Act

Posted on September 25, 2009
The state of Illinois has enacted the Banking Convenience Account for Depositors Act. The relatively short provision becomes effective on January 1, 2010. Among other things, the act provides for the creation of convenience accounts and lays out certain liabilities...

Comment Reminder

Posted on September 25, 2009
Do you notice that when you post a Comment, it does not appear? Do you post it again and again? Then, after a while, do you notice that it suddenly appears? This is not aberrant behavior. Instead, it is by...

IRS Extends Amensty Program for Taxes Not Paid on Foriegn Accounts

Posted on September 25, 2009
As previously noted, the IRS recently offered a six-month amnesty program during which tax evaders who have hidden funds in off-shore accounts discolse and pay the evaded taxes. The IRS has extended this amnesty program. Below is the applicable extension...

England's Prosecutor Releases Factors for Assisted Suicide Prosecution

Posted on September 25, 2009
This week England's top prosecutor released guidelines for determining when his office would prosecute people who violate the country's prohibition on assisted suicide. The guidelines contain factors that make prosecution more or less likely: There are "13 factors that could...

Economy Forces 'Grave Decisions'

Posted on September 24, 2009
Tough economic times are causing an increasing number of people to part with their final resting place. Multiple cemeteries report nearly double the number of clients seeking to sell back their plot. Websites that advertise plots for sale report an...

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