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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

Howard Mann Responds to Suit Filed by Jackson Estate

Posted on January 23, 2011
I recently blogged about the Michael Jackson Estate suing Katherine Jackson?s business partner, Howard Mann. Mann thinks that the lawsuit is unfounded and malicious. He also thinks that the estate is a ?fraudulently obtained dictatorship,? and that the estate will...

Presumed Consent Organ Donation Legislation Introduced in Colorado

Posted on January 22, 2011
Last week, Senate Bill 11-042 was introduced in Colorado, which would make Coloradans organ donors by default; initialing a statement would allow them to opt out. Some Colorado lawmakers hope that Colorado will be the first state to pass such...

Wealthy Spouses Shouldn't Rely on New Estate Tax Portability

Posted on January 22, 2011
The portability clause in the new tax bill may not be as special as it appears at first glance, and wealthy spouses shouldn?t rely on it for several reasons: The portability clause is only in effect for two years. Relying...

Should Elizabeth Edwards' Heirs Sue Estate Planning Attorney?

Posted on January 21, 2011
I recently blogged about Elizabeth Edwards leaving her philandering husband out of her will. Assuming that she excluded John as a trust beneficiary as well (which we truly don?t know), her attorney would have known that disinheriting John was impossible...

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Burglars Snort Cremation Remains, Mistaking them for Drugs

Posted on January 21, 2011
On December 15, burglars broke into a woman?s home in Silver Springs Shores, Florida. They stole electronic equipment, jewelry, and two urns containing the ashes of the woman?s father and her two Great Danes. Thinking they had discovered cocaine or...

Massachusetts Governor Signs Pet Trust Legislation Into Law

Posted on January 21, 2011
I recently blogged that Massachusetts Governor Deval Patrick was running out of time to sign into law pet trust legislation. He did so on January 7, and An Act Relative to Trusts for the Care of Animals will take effect...

Who is a "Child" Under the Social Security Act?

Posted on January 21, 2011
The ACTEC Fiduciary Litigation Committee recently wrote a case summary entitled Third Circuit Court of Appeals: Who is a ?Child? Under the Social Security Act?, Jan. 18, 2011. The case summary is below: In a case of first impression, the...

Using Pooled Trusts to Avoid Nursing Homes

Posted on January 20, 2011
For many middle-class families who make too much to qualify for Medicaid programs but cannot afford private home care, keeping their elderly parents out of nursing homes is a challenge. One way for these people to receive home care through...

Rags-to-Riches Lottery Story Marred by Mug Shot

Posted on January 20, 2011
I recently blogged about Holly Lahti, the winner of half of a $380 million lottery jackpot, trying to avoid the public attention surrounding her winnings. Now we may know why. Shortly after coming forward for her winnings, her estranged husband,...

Compensating Relatives for Providing Care to Elderly Family Members

Posted on January 20, 2011
A growing number of families are compensating relatives for their care-giving services to elderly family members. The high unemployment rate, an aging population, the rising cost of nursing home care, and a change in Medicaid law making it harder to....

Short Comedy Film on Financial Elder Abuse

Posted on January 20, 2011
Rooftop Mind, an independent production company, recently created a 15-minute comedy film entitled The Gran? Scam of Things. It begins with an email from Osagioduwa Williamsona, a Nigerian banker, offering a senior citizen $16,000,000 if she would respond and cooperate...

Baby Who Lived One Hour Charged a Death Tax

Posted on January 19, 2011
Olivia Clark was polycystic and survived only an hour after birth. Nobody expected her to survive birth, so her parents and grandparents were thrilled to meet her and talk to her while she was alive. Although Olivia Clark?s parents were...

Health Care Reform and Financing Long-Term Care

Posted on January 19, 2011
Richard L. Kaplan (Peer and Sarah Pedersen Professor, University of Illinois School of Law) recently published his article entitled Financing Long-Term Care After Health Care Reform, J. of Retirement Plan. 9 (July/Aug. 2010). The abstract available on SSRN is below:...

CLE on Special Needs Trusts

Posted on January 19, 2011
The University of Texas School of Law and the Wealth Management and Trust Division of the Texas Bankers Association are presenting Changes and Trends Affecting Special Needs Trusts on January 27-28 at the Omni Austin Hotel at Southpark. The program...

Auction House Being Sued for Selling Lee Harvey Oswald's Coffin

Posted on January 19, 2011
I previously blogged that the Nate D. Sanders auction house in LA was selling Lee Harvey Oswald?s coffin and other embalming items. Oswald?s brother, Robert Edward Lee Oswald, told the auction house that it was not theirs to sell and...

Family Law and Top-Hat Plans, Excess Benefit Plans, and Bonus Plans

Posted on January 18, 2011
Albert Feuer (attorney, Forest Hills, NY) recently published his article entitled The Effects of Marital Property Rights, Alimony, Child Support, and Domestic Relations Orders on Top-Hat Plans, Excess Benefit Plans, and Bonus Plans, 38 Compensation Plan...

One Funeral Scammer Sentenced to Two Years in Federal Prison

Posted on January 18, 2011
Faye Shilling, 61, and Jean Crump, 68, collected nearly $1 million from lending and insurance companies by purchasing life insurance policies for nonexistent people, killing them on paper, and staging their funerals. After the funerals, the women filed bogus documents...

Judge Releases $7.2 Billion in Seized Assets to Madoff Victims

Posted on January 18, 2011
I recently blogged that Irving Picard, the court-appointed trustee in charge of recovering assets stolen by Madoff, reached a deal with Jeffry Picower?s widow for $7.2 billion. Last Thursday, Judge Burton Lifland ruled Picard should dole out this cash to...

Etta James Ill, Husband and Sons Battle Over Money

Posted on January 18, 2011
Etta James, best known for her iconic recording of ?At Last,? has dementia, an organic brain syndrome, and leukemia. She now requires around-the-clock medical care and supervision in her Woodcrest home. As she battles her illnesses, her family argues over...

MetLife Conducts Study on Baby Boomer Inheritance

Posted on January 17, 2011
MetLife recently analyzed data from the Survey of Consumer Finances, determining how much baby boomers have inherited and will inherit from their parents. The study found that the wealthiest Boomers will receive an average of $1.5 million, and that two-thirds...

Tax Problems for Same-Sex Couples

Posted on January 17, 2011
An I.R.S. decision that affects three states with both same-sex marriage or registered domestic partnerships and community property laws (California, Nevada, and Washington) is causing issues for same-sex couples filing their tax returns. The decision allows legally partnered same-sex couples...

Authentic Brands Purchases Rights to Marilyn Monroe's Image

Posted on January 17, 2011
Marilyn Monroe?s name did not make it on Forbes? list of top-earning dead celebrities in 2010, but her estate earned around $4-5 million. On Thursday, Authentic Brands Group and NECA acquired the rights from Ms. Monroe?s estate. Although the terms...

Intestacy in England and Wales

Posted on January 17, 2011
Alun Humphrey (National Centre for Social Research), Gareth Morrell (National Centre for Social Research), Lisa Mills (National Centre for Social Research), Gillian Douglas (Professor of Law, Cardiff Law School), and Hilary Woodward (Research Associate to Professor Gillian Douglas) recently published...

Draft Cannot be Probated Under Harmless Error Rule

Posted on January 16, 2011
A client decided to change her will. She met with her lawyer, gave him handwritten notes of her intended dispositions, and he produced a draft. The client left the office without seeing the draft and died within the hour. The...

CLE on Single-Member LLCs in Asset Protection

Posted on January 16, 2011
The National Business Institute is sponsoring a 90-minute teleconference entitled Single-Member LLCs in Asset Protection: How the Olmstead Decision has Changed the Practice on January 26. The program description is below: Get an incisive analysis of the recent Florida Supreme...

CLE on Estate Planning for Farmers

Posted on January 15, 2011
The National Business Institute is sponsoring a 90-minute teleconference entitled Estate Planning for Farmers on January 25. The program description is below: Estate planning for farms and farm assets is a subset of the practice that requires specific knowledge and...

Determining Testamentary Intent

Posted on January 15, 2011
Deborah S. Gordon (attorney, Stamford, CT) recently published her article entitled Reflecting on the Language of Death, Seattle U. L. Rev. (forthcoming). The abstract available on SSRN is below: For centuries, wills scholars have lamented the difficulty of discerning intent...

CLE on Qualified Disclaimers

Posted on January 14, 2011
The ABA Section of Real Property, Trust & Estate Law is sponsoring a 90-minute teleconference and live audio webcast entitled Qualified Disclaimers ? What Part of ?No? Don?t You Understand? on January 18. The program information is below: Disclaimers are...

Trustee Liability for Breach of Trust

Posted on January 14, 2011
In Uzyel v. Kadisha, 116 Cal. Rptr. 3d 244 (Cal. Ct. App. 2010), a California intermediate appellate court issued a decision comprehensively interpreting Probate Code � 16440 governing remedies for breach of trust. The court held that tracing is not....

Special Needs Trusts

Posted on January 14, 2011
One type of planning vehicle that avoided contentious debate in all the recent discussions about taxes and estate planning techniques is the special-needs trust. These trusts are designed to help a disabled beneficiary receive maximum needs-based government benefits and even...

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