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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

Community Property Survivorship Agreements in Texas: Survivorship & Revocation

Posted on August 27, 2009
Community Property Survivorship Agreements: Holmes v. Beatty, 52 Tex. Sup. Ct. J. 967 (Tex. 2009), rehearing filed. Statement of Survivorship Feature: Husband and Wife held investment accounts with the designation ?JT TEN.? The spouses signed the agreement but did not...

IRS to Receive UBS Account Info

Posted on August 27, 2009
As part of a tougher stance on tax havens and tax evaders, a US-Swiss deal will provide information regarding approximately 4,400 suspect UBS accounts to the IRS. The IRS is offering a six-month amnesty program during which tax evaders may...

Indiana Creates Funeral Planning Directive

Posted on August 26, 2009
Indiana has created a procedure for a person to execute a Funeral Planning Declaration. A statutory form is provided, which allows an individual to designate ceremonial arrangements, grave memorials, and a method of body disposition. 2009 Ind. Legis. Serv...

Israelis React to Swedish Article On Israeli Organ Harvesting

Posted on August 26, 2009
A Swedish newspaper article calling for an investigation into claims that Israeli soldiers harvested the organs of dead Palestinians in the 1990's has not been well-received by the Israeli community. According to the author of the article, there is no...

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Would-be IBM Heiress Waiting for October Hearing

Posted on August 26, 2009
I previously reported on the battle between the estate of Thomas Watson, Jr., former IBM CEO, and Patrica Spado, the female companion that Watson's daughter adopted as an adult as a way to solidify their romantic relationship. Below are some...

Wills: The Benefit of Initialing Each Page

Posted on August 26, 2009
In re Estate of Romancik, 281 S.W.3d 592 (Tex. App.?El Paso 2008, no pet. h.): Testator signed page three of his will but did not sign the prior pages. The will left his entire estate to Mother. Wife claimed that...

Deadbeat Disinheritance in Georgia and Intestate Adults

Posted on August 25, 2009
Theresa Louis Davis (partner, Katten Muchin Rosenman LLP) has published her note entitled Not Just For Kids: Why Georgia's Statutory Disinheritance of Deadbeat Parents Should Extend to Intestate Adults, 43 Ga. L. Rev. 867 (2009). Below is an excerpt from...

Jackson's Death: Propofol and Homicide

Posted on August 25, 2009
The Los Angeles coroner's preliminary conclusion is that Michael Jackson died from an overdose of propofol, a sedative given to Jackson by Dr. Conrad Murray to help him sleep. Furthermore, the Associated Press reports that a law enforcement official stated...

Will Contest Statute of Limitations in Texas

Posted on August 25, 2009
In Stoll v. Henderson, 285 S.W.3d 99 (Tex. App.?Houston [1st Dist.] 2009, no pet. h.), the testatrix executed a will and codicil. Later, she revoked these documents and executed a will which provided for a significantly different disposition of her...

Hawaii Adopts Uniform Prudent Management of Institutional Funds Act

Posted on August 25, 2009
Hawaii has adopted the Uniform Prudent Management of Institutional Funds Act. 2009 Hawaii Laws Act 135. According to the state legislature's website reporting on the house and senate bills, the Act does the following: Enacts uniform prudent management of institutional...

Indigent Burials on the Rise Nationwide

Posted on August 24, 2009
USA Today has recently reported on the rising demand in counties for publicly-funded burial services, citing to the economic recession as the cause. To the list of specific counties reporting such increases, the article adds Kenton County, Kentucky, which has...

The Need for an Advanced Medical Directive

Posted on August 24, 2009
According to Rachel Emma Sullivan, Make Time to Create an Advance Medical Directive, WSJ, Aug. 20, 2009, An advance medical directive typically has two parts: a health care proxy and a living will. The healthcare proxy, or power of attorney...

Will Interpretation and Construction: Type of Devise

Posted on August 24, 2009
Hoke v. O?Bryen, 281 S.W.3d 457 (Tex. App.?San Antonio 2007, no pet.). Interpretation and Construction -- Type of Devise Testator?s will was probated in Illinois but because it dealt with real property in Texas, the Texas court needed to determine...

Welcome Back -- Again

Posted on August 24, 2009
Although last Monday was the first day classes at many law schools, that joyful event may have been delayed until today at your law school. Accordingly, I am repeating my "Welcome Back" message. As you are probably aware, this blog...

Florida Amends Statutes Governing Anatomical Gifts

Posted on August 24, 2009
Law passed during the 2009 session of the Florida Legislature revises state statutes governing anatomical gifts, including provisions governing who can make an anatomical gift. See 2009 Fla. Sess. Law Serv. Ch. 2009-218.

Jackson's Burial Moved

Posted on August 23, 2009
I previously reported that Michael Jackson would be buried on Aug. 29, his 51st birthday. According to CNN, Jackson Burial Moved to September 3, Aug. 21, 2009, "[t]he date of the funeral for pop legend Michael Jackson has been changed...

Ethical Issues When a Family Entity is Created

Posted on August 23, 2009
Mary F. Radford (professor of law, Georgia State University) has recently published her article entitled Ethical Issues in Representing Families in Family Limited Partnerships, 35 ACTEC J. 2 (Summer 2009). The editor's synopsis of the article follows: This article discusses...

Delaware Adopts Uniform Principle and Income Act

Posted on August 22, 2009
The state of Delaware has adopted the Uniform Principal and Income Act. The Act, which guides a trustee when allocating trust assets between principal and income, became effective law in Delaware on Aug. 1, 2009. Del. Code Ann. tit. 12,...

Top SSRN Downloads

Posted on August 22, 2009
Here are the top downloads from June 23, 2009 to August 22, 2009 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 256 Ghosts of...

Prosecution Rests in Astor Trial

Posted on August 22, 2009
This week the prosecution fully rested in the trial against John D. Marshall and Francis X. Morrissey. The trial, involving the estate of Brooke Astor, will now move to the defense's presentation. According to John Eligon, Prosecution Finally Rests in...

Delaware Modifies Computation of Estate Tax

Posted on August 21, 2009
Delaware has modified the computation of state estate taxes. 2009 Del. Laws Ch. 85. According to the synopsis of the bill provided on the General Assembly's website, This Act reinstates Delaware?s estate tax. Prior to 2002, the Internal Revenue Code....

ERISA: Remedy Provided by Revocation on Divorce Statute not Preempted

Posted on August 21, 2009
The Superior Court of Pennsylvania recently held that the remedy provided by revocation on divorce statute is not preempted by ERISA. The decedent and his wife in the case had divorced. The decedent never changed the designation of his ex-wife...

Cremains: Strange Final Resting Places

Posted on August 21, 2009
Cremains are usually scattered at some sentimental location or stored in a carefully chosen resting spot; however, sometimes they turn-up in very unusual places. According to Stacia Glen, Ashes of dead turning up in unlikely places, The Sun, Aug. 16,...

Taxation Conference and Estate Planning Workshop in Austin

Posted on August 21, 2009
The University of Texas at Austin School of Law is sponsoring its 57th annual Taxation Conference in Austin, December 9-10, 2009. Additionally, Stanley M. Johanson's Estate Planning Workshop will be held on December 11, 2009. The following is the summary...

Revocable Trust not Illusary if Beneficiary Other than the Settlor Exists

Posted on August 20, 2009
The Supreme Court of Oklahoma held in a case of first impression that a revocable inter vivos trust is a valid trust even though the settlor is the trustee and the only beneficiary with a vested interest during her life...

Florida Modifies Method of Satisfying the Surviving Spouse's Forced Share

Posted on August 20, 2009
Law passed during the 2009 session of the Florida Legislature has modified the method of computing and satisyfing the forced share of a surviving spouse, including the sources from which the forced share is now payable. See 2009 Fla. Sess....

Review of Title, Value, and Concurrent and Future Interest Concepts in Property Law

Posted on August 20, 2009
Kenneth Salzberg (associate professor of law, Hamline University) has published his article entitled Life Estates, Ghost Value Transfers, and Phantom Takings: Confusions of Title and Value in Property Law Legislation, 22 Quinnipiac Prob. L.J. 363 (2009)...

New York Law on Whether to Autopsy, Cremate, or Bury

Posted on August 20, 2009
The Elliot Schlissel Law Blog contains a summary of New York law on whether a body is autopsied, cremated, or buried. According to the blog, when deciding whether to cremate or bury a body in New York, the laws first...

Jackson to Be Buried on Birthday

Posted on August 19, 2009
According to a publicist, Michael Jackson will be buried in Glendale, California, during a private ceremony on August 29th, what would have been his 51st birthday. Meanwhile, court approval of an exhibition agreement between the Jackson estate and the concert...

Length of Astor Estate Trial Causing Impatience

Posted on August 19, 2009
The trial of Anthony D. Marshall and Francis X. Morrissey, Jr., has now spanned 17 weeks. The prosecution has presented 72 witnesses and is expected to wrap up its case soon. The defense is expected to call five to ten...

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