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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

North Carolina Increases Surviving Spouse Allowance

Posted on September 15, 2009
Effective January 10, 2010, North Carolina will increase the amount of the year?s allowance for the surviving spouse of a intestate or a testator from $10,000 to $20,000. 2009 N.C. Laws S.L. 2009-183.

North Carolina: Trustee Can Appoint Trust Property to Another Trust

Posted on September 14, 2009
New legislation in North Carolina authorizes a trustee to appoint trust property to another trust for the same beneficiary. Trustees looking to take advantage of this change in the law should consult the text of the statute because the second...

World's Oldest Living Person Passed Away

Posted on September 14, 2009
Gertrude Baines, formerly the world's oldest living person, recently died in her sleep. Born in 1894, Baines outlived all of her relatives, her potential heirs, but lived long enough to fulfill a lifelong dream when she voted for Barack Obama....

Census to Count Same-Sex Marriages

Posted on September 14, 2009
The U.S. Census Bureau will count and report same-sex couples for the first time during the upcoming census. Same-sex marriages reported during the 1990 census were counted as married, heterosexual couples. Same-sex marriages reported during the 2000 census were counted...

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Analysis of the Court Rulings in Newcomb College Battle

Posted on September 13, 2009
Kristen van de Biezenbos Gresham (J.D. Candidate 2010, Tulane) has recently published her casenote entitled Howard v. Administrators of the Tulane Educational Fund: The Louisiana Supreme Court's Gift to Would-Be-Heirs Seeking to Enforce Conditional Donations, 83 Tul...

Protecting Your Money and Your Family

Posted on September 12, 2009
CBS Money Watch has provided readers with a set of articles designed to help readers ensure that their money goes where it's supposed to after death. Entitled Keep the Money in the Family, the following useful resources are available: Will...

Gay Marriage Lawsuits Set Sights on Defense of Marriage Act

Posted on September 12, 2009
Currently there are at least four federal lawsuits making their way through courts in different parts of the United States. Their common goal: o strike down the Defense of Marriage Act (DOMA), or at least parts of the act. One...

Top SSRN Downloads

Posted on September 12, 2009
Here are the top downloads from July 14, 2009 to September 12, 2009 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 338 Ghosts of...

Proper Trust Administration for Protection Purposes

Posted on September 11, 2009
Edward D. Brown and Eric R. Kaplan recently published their article entitled You Created a Trust - So Now What?, J. of Practical Estate Planning 33 (June-July 2009). The following is a summary of the article provided by one of...

North Carolina Law Concerning Will-Drafting Attorney

Posted on September 11, 2009
New law in North Carolina renders void any gift in a will to the attorney who drafted the will unless the attorney is a relative of the testator. In addition, the legislation requires attorneys who draft a will or codicil...

Bury Me In My Car, Please

Posted on September 11, 2009
Sandra West, an oil-rich socialite, died at the young age of 37. Per her request, she was buried in her Blue 1964 Ferrari with the seatback slanted comfortably. The car was covered in cement, which prevented modern day "tomb raiding."...

Russian Oligarch Dies; Leaves Secret Family, Contested Will, and Unhappy Business Partner

Posted on September 11, 2009
Badri Patarkatsishvili, the richest man in Georgia, died in February of 2008. His estate is now the center of a complex contest. The basic details are below: Shortly after Badri's death, an unexpected relative and attorney produced what they claim...

Jobs Addresses His Health and Organ Donation

Posted on September 10, 2009
Steve Jobs recently appeared at an Apple news conference and directly addressed his health, stating that although he still needs to gain weight, he feels great. Jobs acknowledged the generous gift of a liver made by an organ donor and...

Please, Sit Down and Plan Your Estate

Posted on September 10, 2009
Forbes recently published yet another article urging readers to "sit down and plan their estate." Heidi Brown, Your Go-To Guide to Estate Planning, Forbes, Sept. 9, 2009. The article points out that in addition to providing peace of mind, estate...

Texas Limits Charitable Trust Relocation Without Approval

Posted on September 10, 2009
New law in Texas limits the relocation of charitable trusts outside of Texas unless the trustee secures approval from the court or the settlor authorizing a relocation of the trust. The purpose of this statute is help remedy the orphan...

Prince Harry's 25th Birthday Means Access to Inheritance

Posted on September 10, 2009
Prince Harry will turn 25 this month and when he does, he will be entitled to a portion of his inheritance from his mother. Princess Diana's estate was split equally between Prince Harry and Prince William, with the same restrictions...

Proposed Estate Tax Measures in Response to Estate Tax Repeal

Posted on September 09, 2009
Although the time to address the scheduled estate tax repeal continues to shorten and congress continues to focus on other more pressing issues, some legislators have introduced estate tax measures. NACSOnline, in a recent post entitled Deadline Looms on Estate...

Questions Regarding Jackson Wrongful Death Suit

Posted on September 09, 2009
Michael Jackson's estate may have problems asserting an economically viable wrongful death lawsuit against Dr. Conrad Murray: Suing for economic loss of financial support could be a challenge because Jackson has been more profitable after death than he was during...

Tolkien Estate Settles Lawsuit

Posted on September 09, 2009
J.R.R. Tolkien's estate and New Line Cinema have reached a settlement regarding the lawsuit filed by Tolkien's heirs. According to the lawsuit, the Tolkien estate was owed 7.5% of gross receipts from the Lord of The Rings movies. Although the...

Korbel Owner and Daughter Fight Over Estate

Posted on September 08, 2009
The owner of Korbel, Gary Heck, and his daughter, Richie Ann Samii, are involved in a legal dispute over the family's estate. Heck fired Samii in 2006 and evicted her from a ranch on Korbel property following a questionable scandal...

Conference on Ethical Issues Affecting Estate Planners

Posted on September 08, 2009
The following is an email received from Dennis Belcher, president of the American College of Trust and Estate Counsel: Dear Fellows: Please join me on Wednesday, October 7, 2009, beginning at 12:00 noon ET/ 11:00 am CT/ 10:00 am MT/...

Urns Come in All Shapes and Sizes

Posted on September 08, 2009
Death event planning often requires choosing a final resting place if your chosen method of body disposition is burial. If your preferred method of disposition is cremation, then consider pre-selecting your urn. Urnnews.com offers urns that are also an art...

Happy Labor Day!

Posted on September 07, 2009
Happy Labor Day!! Hope you are having an enjoyable, productive, and safe holiday.

Examining Legal-Moral Problems

Posted on September 07, 2009
Beard Books has reprinted Norman St. John-Stevas' book entitled Life, Death and the Law: Law and Christian Morals in England and the United States (Beard Books 2001/12) (1961). A description of the book is below: After formulating some general principles...

Connecticut Pet Trust Statute & Other Pet Trust Tips

Posted on September 07, 2009
Connecticut's new pet trust statute, effective October 1, 2009, provides a useful estate planning tool, allowing pet owners to establish a trust for the duration of the named animal's life and designate a trust protector to see that the pet...

Texas Tech University School of Law Seeks Professors

Posted on September 07, 2009
The Texas Tech University School of Law is seeking to fill three tenure-track positions for the 2010-11 academic year, and seeks applications from exceptional individuals interested in joining our faculty. Our curricular needs include courses in the areas of introductory...

Reasons People Elect Not to Be an Organ Donor

Posted on September 06, 2009
The following are some reasons people give for electing not to be organ donors: Integrity: Desire to maintain body intact Superstition: Fear that signing donor card will jinx the person Medical distrust: Fear that medical care might be withheld so...

Nevada Updates Trust Law

Posted on September 06, 2009
The most recent legislative session in Nevada resulted in revisions of the state's trust law, providing for the classification of trusts, detailing the administration of directed trusts, adopting provisions governing the administration of trusts, revising provisions concerning spendthrift trusts, and...

New Jersey Adopts Uniform Prudent Management of Institutionalized Funds Act

Posted on September 05, 2009
The state of New Jersey has adopted the Uniform Prudent Management of Institutionalized Funds Act. 2009 N.J. Sess. Law Serv. Ch. 64.

Jackson's Lack of Liquid Cash

Posted on September 05, 2009
According to financial information on Michael Jackson's estate in 2007, Jackson's liquid cash comprised less than one percent of his total net worth. Although I have reported that Jackson's estate has profited since his death, if Jackson's debt and the...

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