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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

Hidcote Manor Garden Has a Colorful History

Posted on July 28, 2009
The famous Hidcote Gardens in England were created and owned by an American man named Lawrence Johnston. At an elderly age and with a failing mind, he transferred the gardens to the country's National Trust. The National Trust?s unofficial secretary,...

Another County Reports an Increase in Unclaimed Dead

Posted on July 28, 2009
I recently blogged about the increased annual rate of unclaimed dead in Los Angeles County here. Clarke County, Nevada, has reported a similar increase, citing a 22% jump in the number of residents unable to pay for their own burial....

State Constitutions: An Argument Against the Abolition of Perpetuities Law

Posted on July 28, 2009
John V. Orth (professor of law, University of North Carolina) has recently published his article entitled Allowing Perpetuities in North Carolina, 31 Campbell L. Rev. 399 (2009). The first two paragraphs of the article are below: As one state after...

South Africa Rules on Intestacy Rights in Polygamous Marriages

Posted on July 27, 2009
On July 15, 2009, the Constitutional Court of South Africa issued a landmark decision in the case Hassam v. Jacobs. As summarized by the New York Times, the South African court held that "when a husband dies without a will...

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CLE on Special Needs Trusts

Posted on July 27, 2009
The ABA Section of Real Property, Trust & Estate Law is sponsoring a teleconference and live audio webcast CLE entitled Top Ten Tips Every Estate Planner Needs to Know About Special Needs Trusts on August 4, 2009. The following is...

An Argument for Unconscionability as a Defense in Trust Law

Posted on July 27, 2009
David Horton (lecturer in residence, UC Berkeley) has recently published his article entitled Unconscionability in the Law of Trusts, 84 Notre Dame L. Rev. 1675 (2009). The abstract of the article is below: This Article claims that trust law should...

Norwegian Rapper Claims Jackson as Father

Posted on July 27, 2009
Omar Bhatti, a Norwegian rapper, is seeking a DNA test to prove that he is Michael Jackson's secret child. Mr. Bhatti first met Jackson in 1996 at the age of 12 and soon after, Mr. Bhatti's mother became a nanny...

Preserving the Integrity of Land Trusts

Posted on July 25, 2009
Erin B. Gisler (J.D. candidate, Santa Clara University School of Law, 2009) has recently published her comment entitled Land Trusts in the Twenty-First Century: How Tax Abuse and Corporate Governance Threaten the Integrity of Charitable Land Preservation, 49 Santa Clara...

Star Trek Creator Travels to Space After Death

Posted on July 25, 2009
Eugene Wesley Roddenberry, the creator of Star Trek, was cremated after his death in 1991. Some of his remains were taken on the Space Shuttle Columbia, some were launched into orbit via a rocket, and some will be launched into...

Top SSRN Downloads

Posted on July 25, 2009
Here are the top downloads from May 26, 2009 to July 25, 2009 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 99 Review of...

Wills and Trusts in the Antebellum South

Posted on July 24, 2009
Stephen Duane Davis, II and Alfred L. Brophy (professor of law, University of North Carolina) have recently posted on SSRN their paper entitled The Most Esteemed Act of My Life: Family, Property, Will, and Trust in the Antebellum South. The...

More Unclaimed Dead

Posted on July 24, 2009
A recent LA Times article discusses the increased cremation rates by the LA county coroner and morgue, stating that "[t]he poor economy is taking a toll even on the dead, with an increasing number of bodies in Los Angeles County...

Jackson's Mother Not Contesting Jackson's Will - Yet

Posted on July 24, 2009
Lawyers for Michael Jackson's mother have denied that she is or will be contesting Jackson's will. One lawyer offered the following comment regarding recent legal action taken on her behalf, which I previously blogged about: In order to preserve her....

Home Funerals On the Rise

Posted on July 24, 2009
Home funerals are increasingly popular with those who desire an informal, intimate, and organic end-of-life memorial. Here are some things to consider when planning a home funeral: Laws in Connecticut, Indiana, Louisiana, Michigan, Nebraska and New York require a funeral...

Unique Headstones

Posted on July 23, 2009
To those who are tired of the traditional marble headstone blandly reciting the name and lifespan of the those interred, consider the following more creative options for your estate plan. For the slightly disgruntled: For the athlete: For the proud...

Digital Estate Planning Avoids Hassle for Loved Ones

Posted on July 23, 2009
I have previously written on digital estate planning here and here. A recent article on this issue points out that without knowing the usernames and passwords of a deceased or incapacitated person's online accounts, loved ones must get court authority...

Man Commits Suicide Over I-Phone

Posted on July 23, 2009
An employee of Foxconn International, an Apple product manufacturer, jumped from a 12 story building to his death after one of 16prototype I-phones disappeared under his watch at the Taiwanese company's Shenzhen factory. His death came three days after the...

Article Proposes A Framework for Determining Parentage

Posted on July 23, 2009
Lee-ford Tritt (associate professor of law, Florida State University) has recently published his article entitled Sperms and Estates: An Unadulterated Functionally Based Approach to Parent-Child Property Succession, 62 SMU L. Rev. 367 (2009). The following is an excerpt from the...

Reforming Estates and Future Interests Law

Posted on July 22, 2009
D. Benjamin Barros (associate professor of law, Widener University) has recently published his article entitled Toward a Model Law of Estates and Future Interests, 66 Wash. & Lee L. Rev. 3 (2009). The following is an excerpt from the introduction...

Fulfilling Trustee's Investment Duties

Posted on July 22, 2009
Christopher P. Kline (wealth management director) has recently published his book entitled The Law of Trustee Investments (ABA 2009). The following is a summary of the book: This book takes a very practical approach to the question that should be...

Oldest Man Dies at 113

Posted on July 22, 2009
Henry Allingham, the oldest living British veteran of World War I and Guinness-certified as the world's oldest man, recently died at the age of 113. Allingham also served in World War II. Allingham outlived his wife and both of his...

Jackson's Estate Receives Inquiries for Stake in Sony/ATV

Posted on July 22, 2009
Several financial firms have inquired about purchasing the Jackson estate's 50% share of Sony/ATV Music Publishing. John Branca and John McClain, the named executors of the estate who are awaiting court confirmation of their appointments, have said that the estate's...

McNair Died Intestate

Posted on July 21, 2009
Slain NFL quarterback Steve McNair left a sizeable estate but no will. A Tennessee probate court has granted his widow's request to administer the estate. McNair was survived by his wife and their two sons, and two sons from previous...

Jackson's Mother Seeks Determination of No Contest Clause

Posted on July 21, 2009
Lawyers for Michael Jackson's mother have reportedly filed legal documents asking for a court determination of whether the no contest clause in Jackson's will would apply to Jackson's mother if she fights the appointment of the executors named in the...

Botched Will Lawsuit Requires Privity

Posted on July 21, 2009
The ability to sue the attorney who drafted a botched will depends on the state's privity of contract requirements. According to Joshua Tate, (assistant professor of law, SMU) there are three general approaches to privity in the United States: (1)...

First North Korean Lawsuit in South Korea Involves Inheritance

Posted on July 21, 2009
Four North Korean siblings filed suit against the second wife of their father and his family in South Korea for their inheritance from their father's estate. The estate is valued at about $8 million. The lawsuit was filed by the...

Unique Wills & Last Wishes.

Posted on July 20, 2009
The man who invented the Pringles can was cremated and buried in one of the cans, which was in accordance with his wishes. A fan of Charles Bronson left her $300,000 estate to the actor, which Bronson reportedly donated to...

Surge in Online Wills Possible

Posted on July 20, 2009
One online will-preparation company expects a surge in business as a result of predicted legal battles in Michael Jackson's estate. The predicted surge in sales is based on increased sales after Anna Nicole Smith's death and ensuing estate battles. For...

Irrevocable Trust Counts for Medicaid in Massachusetts

Posted on July 20, 2009
Elder Law Answers has posted a new article entitled Irrevocable Trust Forbidding Distribution of Corpus is Still Countable by Medicaid, June 28, 2009. The article discusses Doherty v. Director of the Office of Medicaid, No. 08-P-939 (Mass. App. Ct., Essex,...

Pet Trusts & the Charitable Remainder Exception

Posted on July 20, 2009
Jonathan Wilkerson (J.D. candidate 2009, Texas Tech) has recently published his article entitled A "Purr"fect Amendment: Why Congress Should Amend the Internal Revenue Code to Apply the Charitable Remainder Exception to Pet Trusts, 41 Tex. Tech. L. Rev...

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