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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.
Post Frequency: 44.9/day Last Entry: April 01, 2011 at 14:00:00 Recent Entries: 3678
By Gerry W. Beyer
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Writing ?revoked? on photocopy of will deemed insufficient to revoke the will
Posted on February 26, 2009Unable to secure the original copy of his will, the testator on advice of counsel signed before witnesses and had notarized a document stating that he revoked his will. He also wrote ?revoked? on each page of a photocopy of...
Pretermitted heir statute does not apply to revocable lifetime trust
Posted on February 26, 2009In Kidwell v. Rhew, 268 S.W.3d 309 (Ark. 2007), the court held that the Arkansas pretermitted heir statute does not apply to a revocable lifetime trust, expressly rejecting Restatement (Second) of Property, Donative Transfers § 34.2 which states that a...
Prof. Gallanis accepts chaired position at University of Iowa
Posted on February 25, 2009Thomas P. Gallanis of the University of Minnesota has accepted a chair at the University of Iowa, to start July 1, 2009. He specializes in trusts and estates, first-year Property, and English legal history. Congratulations, Tom!!
Preventing estate litigation CLE
Posted on February 25, 2009The American Bar Association Section of Real Property, Trust & Estate Law is sponsoring a teleconference and live audio webcast on March 3, 2009 entitled Feuds and Flashpoints: Detecting and Defusing Potential Estate Litigation During Estate Planning and Post Mortem...
Gift to ?lawful? descendants excludes non-marital children
Posted on February 25, 2009In a case of first impression in Washington, the court in the case of In re Estate of Wright, 196 P.3d 1075 (Wash. Ct. App. 2008), held that the use of the word ?lawful? to modify the term descendants limits...
Estate Planning & Community Property Law Journal 2009 Seminar materials now available
Posted on February 25, 2009The written materials from the Estate Planning & Community Property Law Journal Seminar 2009 are now available for purchase for $50 from The Estate Planning & Community Property Law Journal by contacting Donna Jones. Here is a listing of topics...
Order issued regarding Helmsley Trust
Posted on February 24, 2009An order was recently signed by Surrogate Webber in New York regarding the Leona M. and Harry B. Helmsley Charitable Trust which is the sole residuary beneficiary under Leona's will. The trustees had filed an action asking the court to...
Expectancy to be the beneficiary of a living testator may be assigned
Posted on February 24, 2009The testator?s child and her siblings signed an agreement relating to the testator?s care agreeing that the child would buy the testator?s home, that the testator would be placed under conservatorship, and that any conservatorship funds remaining at the testator?s...
A home held in trust qualifies for homestead protection but the express language of the testatrix?s will made it subject to creditors
Posted on February 24, 2009The testatrix transferred her home and the adjacent vacant lot to a trust of which she was the sole beneficiary for life. On her death, the properties were to be distributed to her estate and her will devised the home...
Control over non-probate property devices not a per se denial of elective share rights
Posted on February 24, 2009The decedent had created a funded inter vivos revocable trust which on his death was for the sole benefit of his daughter by a prior marriage. His widow renounced the will and claimed her statutory one-third share of decedent?s estate...
Will Hawaii become the 5th state to recognize civil unions?
Posted on February 23, 2009Recent developments in Hawaii may lead to the state becoming the fifth to recognize same-sex civil unions. (Massachusetts and Connecticut allow same-sex marriage; California recognizes domestic partnerships; Connecticut, New Jersey, New Hampshire, and Vermont permit civil unions)...
Heath Ledger's life insurance
Posted on February 23, 2009Earlier today, I discussed the ramifications of Heath Ledger's winning of the Best Supporting Actor Oscar. Another issue regarding his estate has also been recently settled. At the time of his death, Heath had a life insurance policy for $10...
Court attorney says Peter Falk does not need conservatorship
Posted on February 23, 2009Earlier on this blog, I reported that actor Peter Falk's (aka Columbo) daughter (Catherine) had petitioned the court to take over her father's affairs claiming that he was suffering from Alzheimer's. On February 19, 2009, the court appointed attorney (Clark...
Heath Ledger wins Oscar for Best Supporting Actor
Posted on February 23, 2009Earlier on this blog, I discussed the potential ramifications if Heath Ledger won a posthumous Oscar for his performance as "The Joker" in the Batman movie, The Dark Knight. Last night (February 22, 2009), Heath won the award for Best...
Top SSRN Downloads
Posted on February 22, 2009Here are the top downloads from December 24, 2008 to February 22, 2009 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 238 Estate Tax...
Stanford used respected estate planners in fraud schemes
Posted on February 22, 2009One of the techniques used by Sir Allen Stanford to perpetrate his $8 billion fraud involving certificates of deposit was to enlist the unwitting aid of trustworthy individuals, including estate planners. The following information is based on Jamie Doward &...
Councilman accused of misuse of power of attorney and trust funds
Posted on February 21, 2009Allegheny County Pennsylvania Councilman Charles P. McCullough has recently been charged with 23 criminal counts involving his alleged misapplication of trust property. The following details are from Paula Reed Ward, County councilman charged, Post-Gazette, Feb...
Estate Fight in Los Banos
Posted on February 21, 2009A protracted estate battle has been waging in Los Banos, California after the death of mortician Joel Whitehurst Sr. Here is an outline of this case: Joel Sr. died in 2002 with an estate valued at over $10 million. Joel...
Spousal Disinheritance in New York
Posted on February 20, 2009Jessica Baquet has recently published her note entitled Aiding Avarice: The Inequitable Results Of Limited Grounds For Spousal Disqualification Under EPTL Section 5-1.2, 23 St. John's J. Legal Comment. 843 (2008). Here is an excerpt from her article:[T]he bar to...
Georgia Update
Posted on February 20, 2009Mary F. Radford (Professor of Law, Georgia State University College of Law) has recently published her article entitled Wills, Trusts, Guardianships, and Fiduciary Administration, 60 Mercer L. Rev. 417 (2008). In Prof. Radford's words, "This Article describes selected cases and...
Should Gandhi's effects be auctioned?
Posted on February 20, 2009A New York auction house plans to sell a variety of Gandhi's belongings such as his sandals, pocket watch, and glasses. Gandhi's great grandson (Tushar Gandhi) claims that the auction is immoral and is asking the effects to be returned...
New York modernizes durable power of attorney law
Posted on February 20, 2009On March 1, 2009, significant changes to the New York law of durable powers of attorney will take effect. Here are some of the major changes: The agent must sign and date the power of attorney and the agent's signature...
Where should older or disabled persons live?
Posted on February 19, 2009Lawrence A. Frolik (Professor of Law, University of Pittsburgh School of Law) has recently published his book entitled Residence Options for Older and Disabled Clients. Here is a description of this book:With the recent census figures reporting that more than...
Brooke Astor -- The story continues
Posted on February 19, 2009Earlier on this blog, I discussed various issues regarding Brooke Astor and the disputes with her son and grandson. On August 13, 2007, Brooke died at her Holly Hill estate in Briarcliff, New York at the age of 105. A...
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If a person defames me and threatens me to pay a bill that they made and it is posted to others besides myself, can I sue ?
The documentation of your actions in this case pretty much preclude any legal ac...
Is it libel to write blog posts and/or online reviews about a local business that defames one's reputation?
Libel is the form of defamation expressed in fixed-- usually written form. Sland...
I myself live in chicago and i believe me grandmother and father have left me property in flordia but i belive my father is trying to hide it from me. i was wondering if anybody knows how i can get a copy of both of ther
public records or hire and attorney and have the documents subponead...
How can I make my blog more popular?
You have to write and submit articles, with backlinks to your blogsite....
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