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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

Educating Doctors on Testamentary Capacity in Their Work

Posted on August 08, 2009
Ryan C.W. Hall, MD, et al, has authored an article entitled Testamentary Capacity: History, Physicians' Role, Requirements, and Why Wills are Challenged, Clinical Geriatrics, June 2009. As the following excerpt makes clear, this article was written as an educational tool...

Whole-Life Insurance on the Rise

Posted on August 08, 2009
Whole-life insurance policies have both a savings and a death-benefit component, as opposed to less expensive term-life insurance that offers only a death benefit. More Americans are purchasing these policies because of their modest but steady return rate...

Top SSRN Downloads

Posted on August 08, 2009
Here are the top downloads from June 9, 2009 to August 8, 2009 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 194 Ghosts of...

Creditor of Jackson's Family Members Seeks Recovery From Jackson's Estate

Posted on August 08, 2009
According to court records, a South Korean newspaper is seeking over $7 million from Michael Jackson's estate for an unpaid judgment that was entered against Jackson'sparents and brother. Jackson was named as a defendant in the original suit filed by...

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History of Estate and Gift Taxes

Posted on August 07, 2009
Jeffery A. Cooper (associate professor of law, Quinnipiac University) has posted on SSRN his article entitled Ghosts of 1932: The Lost History of Estate and Gift Taxation. The abstract of the article is below. In 1932, the United States confronted...

Myths Regarding the Estate Tax

Posted on August 07, 2009
A recent MSN Money article discusses the following, which the author calls estate tax myths: Whether a lot of people are subject to the federal estate tax. Whether the estate tax means that your money is taxed twice; income tax...

Expert Testifies that Astor's Signature Was Forged

Posted on August 07, 2009
This week a forensic document examiner testified in the trial of Anthony D. Marshall and Francis X. Morrisey, Jr., concluding that Brooke Astor's signature was forged on a 2004 codicil to her will. The prosecution has accused Mr. Morrisey, an...

Roman Catholic Bank Invested in Arms, Birth Control, and Tobacco

Posted on August 07, 2009
Pax Bank, a Roman Catholic Bank in Germany, has advertised ethical investment funds that adhere to Catholic beliefs; however, it was recently revealed that the bank has invested in a British arms company, an American birth control manufacturer, and tobacco...

Protecting Trusts from the IRS

Posted on August 06, 2009
Bryan Camp (Professor of Law, Texas Tech) has posted on SSRN his article entitled Protecting Trust Assets from the Federal Tax Lien, 1 Estate Plan. & Community Prop. J. 295 (2009). The abstract of the article is below. One common...

Sale of Duplex Has Royal Implications

Posted on August 06, 2009
A recent New York Times article discusses a New York lawsuit surrounding the sale of a multi-million dollar duplex-apartment owned by Lionel Pincus, the husband of Princess Firyal of Jordan. Mr. Pincus was previously declared incompetent. The sons of Mr...

The Law of Philanthropy in the 21st Century -- Program Announced

Posted on August 06, 2009
On October 23, 2009, the American College of Trust and Estate Counsel along with the Chicago-Kent Law Review will sponsor an innovative program entitled The Law of Philanthropy in the 21st Century. Follow the link to read about the program...

Organ Transplants in China, Among Other Things

Posted on August 05, 2009
Daniel Asa Rose has published his book entitled Larry's Kidney" Being the True Story of How I Found Myself in China With my Black -Sheep Cousin and His Mail Order Bride, Skirting the Law to Get Him a Transplant ......

Inheritance Laws in New York Regarding Reproductive Technology

Posted on August 05, 2009
Catherine Belfi (J.D. Candidate 2009, St. John's University) has recently published her note entitled Birth of a New Age: A Comprehensive Review of New York Inheritance Law Responding to Advances in Reproductive Technology, 24 St. John's J. Legal Comment...

Jackson Update

Posted on August 05, 2009
On Monday, a judge granted Jackson's mother custody of Jackson's children. Debbie Rowe, the biological mother of Jackson's two oldest children, was granted visitation rights and will continue to receive spousal support. See Ethan Smith and Sabrina Shankman, Care of...

Jackson's Mother and Executors Feuding

Posted on August 04, 2009
A lawyer for Katherine Jackson issued a statement indicating that she wants to be an executor of Michael Jackson's estate, claiming that the current executors won't let her see the agreement Jackson signed with AEG. Subsequently, the executors issued a...

Article on Digital Estate Planning

Posted on August 04, 2009
James D. Lamm (estate planner, Minneapolis) has recently published his article entitled To My Son, I Leave All My Passwords, Trusts & Estates 22, July 2009. Below is a summary of the article: You've done your job: Your client has...

More on Jack Kerouac's Estate:

Posted on August 03, 2009
I previously wrote about the estate of beat generation author Jack Kerouac. Recent articles provide some additional information about the estate. When Kerouac died in 1973, his estate was valued at $300,000, Recently, one of the author's raincoats sold for...

Madoff's Wife is Sued for Benefits Received from Madoff's Ponzi Scheme

Posted on August 03, 2009
The bankruptcy trustee in the bankruptcy proceedings resulting from Bernard Madoff's failed investment company has recently filed a lawsuit against Mr. Madoff's wife, Mrs. Ruth Madoff. The lawsuit seeks to recover $44.8 million. The Trustee 's lawsuit is based on...

Wealth Strategies Journal Posts New Articles

Posted on August 03, 2009
The following articles have now been posted on the Wealth Strategies Journal and are available for download: From Nascar Condominiums to Private Mausoleaums: Keeping the Vacation Home in the Family - Part 1, by Wendy S. Goffe. Parts 2 and...

Book Discusses How to Protect Your Assets

Posted on August 01, 2009
Arnold S. Goldstein(attorney, Boca Raton) and W. Ryan Fowler (financial planner, Salt Lake City have authored a book entitled Asset Protection. . .in Financially unsafe times (Garret Press, Inc. 2009). The book covers a wide variety of topics, including exemption...

Top SSRN Downloads

Posted on August 01, 2009
Here are the top downloads from June 2, 2009 to August 1, 2009 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 90 Ghosts of...

Cancer Survivors Can Donate Organs and Blood

Posted on July 31, 2009
Cancer survivors may elect to be an organ donor. Upon death, organs will be tested to determine which ones are useable. Additionally, survivors of cancer, other than leukemia and lymphoma, may also donate blood after remaining cancer-free for one year...

Ludicrous Last Wishes

Posted on July 31, 2009
Drafting a will for the following individuals would have been an interesting challenge. Mary Kuhery: Left her husband $2 as long as he promised to spend half on a rope for hanging himself. Samual Bratt: Left $30,000 to his wife...

Jackson's Doctor Under Investigation

Posted on July 30, 2009
Michael Jackson's autopsy report is expected within the next week. In the meantime, authorities are focusing their investigations on Jackson's doctor regarding fraudulent prescriptions. It is alleged that Jackson received prescriptions under multiple aliases...

Astor Update

Posted on July 30, 2009
I previously blogged about the Astor estate here, here, and here. Recent testimony in the trial of Mrs. Astor's son, Anthony Marshall, suggests that Mr. Marshall instructed the woman in charge of paying Mrs. Astor's bills not to give Mrs....

CLE on Medicaid Eligibility in Estate Planning

Posted on July 30, 2009
The National Constitution Center is sponsoring an audio conference CLE entitled Medicaid Eligibility Nuts & Bolts: Strategies in Estate Planning on August 4, 2009. Here is a summary of the CLE: Failure to properly secure Medicaid during the estate planning...

Wash. Domestic Partnership Law Stalled

Posted on July 29, 2009
A law that would expand the rights of domestic partnerships in Washington state was supposed to take effect this past Sunday but did not because opponents of the law submitted a petition with over 135,000 signatures, hoping to force a...

Will containing "Beat" Author's Estate Challenged 20 Years Later

Posted on July 29, 2009
The Sixth Circuit recently ruled that the will of the mother of Jack Kerouac, a Beat generation author, is fake, relying on the mother's lack of mental capacity to write a will and the fact that her signature appears to...

Details on Farrah's Will

Posted on July 29, 2009
Farrah Fawcett's will leaves her million-dollar estate to her son who is currently in prison for drug offenses. The will instructs her executor to establish a trust with two trustees to make sure that the money is used to help...

Maine Supreme Court Rules Lesbian Partner Adoption Valid

Posted on July 28, 2009
Maine's Supreme Court recently held that a woman's adoption of her lesbian partner is valid and thus, the adopted woman is family for inheritance purposes. Adoption of Patricia S., 2009 ME 76 (Maine July 23, 2009). The adoptee, Patricia Spado,...

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