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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

Top SSRN Downloads

Posted on February 02, 2009
Here are the top downloads from December 4, 2008 to February 2, 2009 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 177 Estate Tax...

Pass-Through Entities, Mandatory Income Trusts, and Allocation

Posted on February 02, 2009
Steven B. Gorin (Partner, Thompson Coburn LLP, St. Louis, Missouri) and Carol A. Cantrell (Tax Shareholder, Briggs & Veselka Co., Houston, Texas) have recently published their article entitled UPIA Amendment Clarifies Tax Allocation Between Income and Principal When Mandatory Income...

Happy Groundhog Day!!

Posted on February 02, 2009
Best wishes for a Happy Groundhog Day!! Here is Punxsutawney Phil's official forecast: Hear Ye Hear Ye On Gobbler's Knob this glorious Groundhog Day, February 2nd, 2009 Punxsutawney Phil, Seer of Seers, Prognosticator of all Prognosticators Awoke to the call...

The Trustee's Duty to Disclose

Posted on February 01, 2009
Dana G. Fitzsimons Jr. (Associate, McGuire Woods LLP, Richmond, Virginia) has recently published his article entitled Navigating the Trustee?s Duty to Disclose, Prob. & Prop., Jan./Feb. 2009, at 40. Here is the introduction to his article: Parents are rightfully concerned...

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Baby Boomers and Estate Planning

Posted on February 01, 2009
In his post entitled Estate Planning for Aging Baby Boomers on the ElderLawAnswers Blog, Harry S. Margolis discusses the changing face of estate planning with the aging baby boomer generation. He identifies three main differences between estate planning in the...

The Super Bowl -- Estate Tax Interface

Posted on January 31, 2009
Earlier on this blog, here, here, and here, I've discussed the considerable family and business strife involved with the Pittsburgh Steelers professional football team. Now that the Steelers are in the Super Bowl against the Arizona Cardinals, the interface between...

Madoff's destruction of private foundations

Posted on January 31, 2009
By now, most people are aware that Bernard Madoff's schemes cost wealthy individuals a huge amount of money. But, what is not as often discussed is the impact of his schemes on small private foundations. Here are some excerpts from...

Impact of the Marshall decision

Posted on January 30, 2009
Robert M. Harper (Associate, Farrell Fritz, P.C.) has recently published his article entitled The Probate Exception to Federal Jurisdiction, Prob. & Prop., Jan. 2009. Here is the introduction to his article: Until the U.S. Supreme Court?s decision in Marshall v...

Lady Helen Ward -- "The" Divorce Attorney

Posted on January 30, 2009
Earlier on this blog, I discussed how billionaire Bernie Ecclestone (president and CEO of Formula One Management and Formula One Administration) is planning to sue his trophy wife, Slavica, for over $100 million in his attempt to recover property he....

Zaritsky's Insights on Estate Planning 2009

Posted on January 30, 2009
The following is from an advertisement I received from BNA: While the �ber-wealthy may still be sitting pretty upon their vast array of global assets?many of your clients may not be faring so well in the current financial climate. Whether...

Bonds becoming a more popular GRAT funding source

Posted on January 30, 2009
The following excerpts are from Arden Dale, With Stocks Unsure, Bonds In GRATs, Wall St. J., Jan. 29, 2009: Corporate bonds are making an unusual appearance in a popular form of wealth-transfer trust amid uncertainty over how other assets will...

Call for Papers -- Rapid publication possible!

Posted on January 29, 2009
The following message is posted on behalf of the Estate Planning and Community Property Law Journal at the Texas Tech University School of Law: The editors of the Estate Planning and Community Property Law Journal are currently seeking a law...

Organ Donor Debate

Posted on January 29, 2009
Earlier today (January 29, 2009), a segment aired on Fox & Friends which focused on whether a person who has agreed to donate his or her organs should have priority for an organ over a person who is unwilling to...

Off Topic -- Worst client ever?

Posted on January 29, 2009
I think Weusi McGowan may qualify as the worst client an attorney could ever have. Why, you ask? Weusi was on trial for kidnapping and assault. On Monday, January 26, 2009, he smuggled a bag of feces (his?) into court...

If only it were true ----

Posted on January 29, 2009
This morning, I found the following message in my in-box. Despite the enticing possibilities, I've decided to keep my "day job." Hello Friend, This is to notify you again for the last time that you have been listed as an...

How a judge copes with making end-of-life decisions

Posted on January 28, 2009
If a person fails to plan properly with a living will, advance directive, designation of a health care agent, or similar technique, the burden of deciding whether to remove life support often falls on a judge. For a discussion of...

Drafting to avoid will contests

Posted on January 28, 2009
The American Bar Association Section of Real Property, Trust and Estate Law , General Practice, Solo and Small Firm Division, and the ABA Center for Continuing Legal Education are sponsoring a teleconference and live audio webcast on February 3, 2009...

Guardianship CLE

Posted on January 27, 2009
The following is from an announcement I recently received: The American Bar Association (ABA) Commission on Law and Aging is producing a FREE, one-hour Webcast titled "Why States Should Enact the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA...

Should organ donors have priority as organ donees?

Posted on January 27, 2009
The following excerpts from Chris Joyner, Proposal: Sign a donor card, move up on transplant list, USA Today, Jan. 25, 2009, discuss some of the difficulties faced with organ allocation: Last fall, for the first time in its history, the...

Does the splitting of title in trusts give beneficiaries "too good" of a deal?

Posted on January 27, 2009
Kent Schenkel (Associate Professor, New England School of Law has recently posted on SSRN his article entitled Trust Law and the Title-Split: A Beneficial Perspective. Here is the abstract of his article: Recent functional analyses of the trust tend to...

"Legal Education Commons" now online

Posted on January 27, 2009
The following material is posted as a courtesy for Austin Groothuis, Communications/Marketing Coordinator, Center for Computer Assisted Legal Instruction (CALI): I wanted to let you know about a new CALI resource that may be of interest to your blog readers...

Happy Lunar New Year!

Posted on January 26, 2009
This year (2009), just like the years 1913, 1925, 1937, 1949, 1961, 1973, 1985, 1997, 2021, and 2033, is the Year of the Ox. According to GoToHoroscope.com: The Ox is the sign of prosperity through fortitude and hard work. As...

Off topic -- The Famous "Wayne's World" Case

Posted on January 26, 2009
In 1992, United States District Judge James C. Paine authored the famous "Wayne's World" case, Noble v. Bradford Marine, Inc., 789 F. Supp. 395 (S.D. Fla. 1992). The case is filled with references to phrases popularized by the movie such...

Bad economy opens doors to estate planning opportunities

Posted on January 26, 2009
The downward spiraling economy has opened the door to some advantageous tax-savings techniques as described in Tough Times Are Good Times to Trim Estates, Wall St. J., Jan. 20, 2009. Here are some of the strategies discussed in the article:...

Avoiding Estate Planning Errors

Posted on January 26, 2009
Gerry W. Beyer (Governor Preston E. Smith Regents Professor of Law, Texas Tech University School of Law) has recently published his article entitled Avoiding the Estate Planning "Blue Screen of Death" -- Common Non-Tax Errors and How to Prevent Them,...

Oldest living kidney donor dies

Posted on January 25, 2009
In 1966, Juanita Osborne donated one of her kidneys to her son, Burl Osborne. At the time, most successful kidney transplants were between identical twins. Juanita died on January 22, 2009 in Ashland, Kentucky at the age of 88 from...

Advising a terminally ill client and his/her family

Posted on January 25, 2009
Georgia Akers (Associate Judge, Probate Court No. 3, Harris County, Texas) has recently published her article entitled On Death and Dying: Counseling the Terminally Ill Client and the Loved Ones Left Behind, 1 Est. Plan. & Comm. Prop. L.J. 1...

Top SSRN Downloads

Posted on January 24, 2009
Here are the top downloads from November 25, 2008 to January 24, 2008 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 132 Estate Tax...

The Ecclestone Fight

Posted on January 23, 2009
Billionaire Bernie Ecclestone (president and CEO of Formula One Management and Formula One Administration) is planning to sue his trophy wife, Slavica, for over $100 million in his attempt to recover property he placed in off-shore trusts in her name...

Don't take a puff, don't inherit

Posted on January 23, 2009
Contrast this with the prior posting. In September 1993, Marin Cemenescu died leaving a will which stipulated that his wife must smoke five cigarettes per day for the rest of her life to inherit his house and $30,000. The will...

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