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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

Continued Questions Regarding Washington's Assisted Suicide Act

Posted on September 24, 2009
The King County Bar Association has received a number of responses concerning Margaret Dore's article entitled Death With Dignity: What Do We Tell Our Clients?, Wash. State Bar News, July 2009 (see prior post for a discussion of the article)....

Katherine Jackson's Executor Contest Set for Trial

Posted on September 24, 2009
Yesterday I reported that a Los Angeles court has essentially given Katherine Jackson, Michael Jackson's mother, the green light for proceeding with contesting the named executor's of Jackson's estate. Updating that report, the presiding judge has set aside a week...

Call for Articles -- Estate Planning and Community Property Law Journal

Posted on September 24, 2009
On the heels of a well-received collection of professional articles for its inaugural volume, the editors of the Estate Planning and Community Property Law Journal are currently seeking a law review style article (at least 30 double-spaced pages, including footnotes)...

Congress Could Utilize Retroactive Tax Amendment for Estate Tax

Posted on September 23, 2009
The Gay Couples Law Blog contains a post by Gideon Alper entitled Estate Tax Repeal in 2010 Not a Big Deal Because Congress Can Pass Retroactive Tax Amendment, Sept. 21, 2009. According to Gideon, Congress can constitutionally pass a retroactive...

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Instructions for Writing a Eulogy

Posted on September 23, 2009
Roberta Temes, Ph.D, has writen an article entitled How to Write a Eulogy. The article, which is below, provides step-by-step directions for someone facing what may seem like an impossible task. The article provides a summary of the roles played...

New York Guardianship Law, Advocating for Change

Posted on September 23, 2009
Daniel Leinung (J.D., Albany Law School 2009) has published his comment entitled Reforming New York State's Guardianship System: It's Time for a Change (Again), 2 Alb. Gov't L. Rev 677 (2009). Excerpts from the introduction of the article are below:....

Jackson's Mother Can Challenge Trust Administrators Despite No Contest Clause

Posted on September 23, 2009
A Los Angelos judge ruled on Friday that Michael Jackson's mother may challenge John McClain and John Branca remaining the sole administrators of Jackson's estate without risking disinheritance under the will's no contest clause. Jackson's will reportedly named three executors,...

Future of the Estate Tax Debate

Posted on September 22, 2009
Another article debating the future of the estate tax notes previously reported obstacles to resolution this year: preoccupation with health care reform and sharply differing bills moving through the Senate and the House. The article states following regarding the estate...

Happy First Day of Fall

Posted on September 22, 2009
Happy First Day of Autumn!!

Texas Authorizes Convenience Signers

Posted on September 22, 2009
New legislation in Texas authorizes convenience signers on accounts that are not expressly labeled as convenience accounts. 2009 Tex. Sess. Law Serv. Ch. 929.

Death of Maharajah's Widow Leads to Family Dispute

Posted on September 22, 2009
Gayatri Devi was the third wife of the previous Maharajah of Jaipur. Her death has resulted in a family dispute: Devi's family is fighting over her assets, which are worth as much as �250 million. Devi's grandchildren have produced a...

Wall Street Considers Securitizing Life Insurance Policies

Posted on September 21, 2009
As Wall Street searches for new investment options, one idea investment banks are reportedly considering is securitizing life insurance policies: Banks would purchase life insurance policies, package hundreds of the policies together, and then sell the packages to investors as...

Anna Nicole Smith Owes $43,000 in Back Taxes

Posted on September 21, 2009
According to the state of California, Anna Nicole Smith owes the state over $43,000 in back taxes for the year of 2007. Because not even death evades the tax-man, a creditor's claim has been filed in Smith's probate case. See...

Oklahoma Adopts Revised Uniform Principal and Income Act

Posted on September 21, 2009
Oklahoma has adopted, modified and added definitions to its version of the Revised Uniform Principal and Income Act. 2009 Okla. Sess. Law Serv. Ch. 139 (click on the link for SB981 on the linked website to find the enrolled version...

Comic Book Heirs Seek Copyrights as Disney Seeks to Purchase Marvel

Posted on September 21, 2009
As Disney pursues the purchase of Marvel comics, the heirs of one comic book artist involved in the creation of The Incredible Hulk, Iron Man, Spider-Man, The Avengers, X-Men, and The Fantastic Four have sent out notices of copyright termination...

Jackson's Mother to Receive up to $86,000/month

Posted on September 20, 2009
According to Harriet Ryan, Jackson estate pays singer's mother $86,000 a month for expenses, LA Times, Sept. 17, 2009, Michael Jackson's mother " will receive $26,804 a month and control an additional $60,000 for food, clothing, education and entertainment for...

Washington's Assisted Suicide Act Questioned

Posted on September 20, 2009
Margaret Dore (attorney, Seattle) has written an article entitled Death With Dignity: What Do We Tell Our Clients?, Wash. State Bar News, July 2009. Arguing that Washington's Death With Dignity Act is a mechanism that enables people to pressure or...

Happy Talk Like a Pirate Day

Posted on September 19, 2009
Hey Me Hearties, Aarrr -- me hopes you have grand Talk Like a Pirate Day!! Gerrrrry

Top SSRN Downloads

Posted on September 19, 2009
Here are the top downloads from July 21, 2009 to September 19, 2009 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 356 Ghosts of...

Assisted Suicide in United Kingdom

Posted on September 18, 2009
Prosecutors in the UK are preparing to issue guidelines for pressing charges under the country's assisted suicide ban. Meanwhile, the country's chief judge recently suggested that it would be hard to make the law more favorable to those who oppose...

Practical Tips for Planning Your Living Will

Posted on September 18, 2009
Robert Moshman has written a new article entitled The Estate Analyst: A Closer Look at Living Wills, Sept. 2009. The introduction of the article is below: Living wills are back in the news so it is a good opportunity to...

North Carolina Modernizes Disclaimer Law

Posted on September 18, 2009
Recent legislation in North Carolina has modernized the state's disclaimer law. The changes address filing, registering, and delivering the disclaimer; the effect of the disclaimer; and other issues related to a disclaimer. 2009 N.C. Laws S.L. 2009-48.

Estate Planning CLE

Posted on September 17, 2009
The ABA Section of Real Property, Trust and Estate Law is sponsoring a teleconference and live audio webcast CLE entitled Estate Planning for Owners of Retirement Plan Accounts (Including IRA's) on October 6, 2009. A description of the program is...

Astor Trial Expected to End This Week

Posted on September 17, 2009
The prosecution madeclosing remarks in the Astor trial on Wednesday, Sept. 16. Trial will resume on Friday for the DA's closing remarks. The jury is expected to begin deliberations on Monday. See Laura Italiano, Astor's son's 'insatiable greed', NY Post,...

U.S. Crackdown on Tax Evasion Shadows Prominent Suicide

Posted on September 17, 2009
I recently reported on the US-Swiss deal that will provide information regarding approximately 4,400 suspect UBS accounts to the IRS. According to Lynnley Browning, Suicide Victim May Have Hidden Millions Abroad, NY Times, Sept. 15, 2009, similar tax evasion information...

The Future of the Estate Tax

Posted on September 16, 2009
According to Walter Alarkon, Debate over estate tax likely to wait till 2010, The Hill, Sept. 15, 2009, A split among Democrats and a busy fall agenda is likely to have lawmakers hold off this year on debating the future...

MLK Heirs in Legal Fight Over Estate

Posted on September 16, 2009
Two of Martin Luther King's children are suing their brother, who they accuse of wrongfully taking money from their parents' estate. The details are below: The three children are the sole shareholder's of MLK's estate. The accused brother denies the....

Tennessee: Unclaimed Dead and Science Donations Increase

Posted on September 16, 2009
I previously posted a number of blogs regarding reported increases in unclaimed bodies due to financial inability of families to pay for burial or cremation of their loved ones. Tennessee has joined the list of states reporting an increase in...

And When I Die, I'll Give You My Birthday!

Posted on September 15, 2009
When writer Robert Louis Stevenson passed away, he left his birthday to a friend who had complained about her birthday being on Christmas day. Although the bequest was an endearing gesture, it may have been difficult to carry out. See...

Health Care Reform Could Benefit Kidney Transplant Recipients

Posted on September 15, 2009
Currently, Medicare covers the cost of a kidney transplant; however, the anti-rejection drug that the recipient must take for life is only covered for 36 months, unless the recipient is over 65 or disabled. In at least one situation, this...

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