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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

CLE on Estate Administration

Posted on November 25, 2010
The ABA Section of Real Property, Trust & Estate Law is sponsoring a 90-minute teleconference and live audio webcast on November 30 entitled An Overview of Estate Administration: From Beginning to End. The program information is below: This program is...

State Residency and its Effect on Taxes

Posted on November 24, 2010
Arthur R. Rosen and Jeffrey S. Reed (attorneys, NY) recently published their article entitled Just Visiting?, Private Wealth (Sept. 2010). The introduction is below: When it comes to slamming the tax hammer on the wealthy, one area government officials are...

Estate Tax Uncertainty Leaves Too Many Clients at Risk

Posted on November 24, 2010
We had clarity on the federal estate tax last December; Congress was moving fast to extend the 2009 rates and exemption. A year later, even those on Capitol Hill say that the future of the estate tax is totally unpredictable....

Dealing with the Estate Tax at the End of 2010

Posted on November 24, 2010
A wealthy elderly client recently asked Massachusetts attorney Bruce Bettigole whether her children would inherit her estate if she committed suicide in 2010. Mr. Bettigole responded: ?I?m going to make believe I didn?t hear that question.? Due to the estate...

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All About Amber -- A detailed guide to a pet caregiver

Posted on November 24, 2010
Charlene Densen (administrator of a non-for-profit corporation) and Robert Schonfeld (attorney) have published a book entitled All About Amber: Planning for Our Dog in the Event of Our Passing, which provides in tremendous detail the information needed to provide proper...

Duncan's Estate Didn't Benefit from Estate Tax Lapse

Posted on November 23, 2010
As I previously blogged, many reports discussed how the heirs of Dan Duncan were hitting the estate tax lapse jackpot due to the timing of Duncan?s death. A spokesman for the Duncan family says that those reports are unfounded, and...

In Vitro Offspring Increase; Laws Governing Their Inheritance Do Not

Posted on November 23, 2010
Although the use of assisted reproductive technologies has doubled in the United States over the past ten years, most states still don?t have statutes that govern the inheritance rights of children conceived after a parent?s death. According to trust and...

Dower in Michigan

Posted on November 23, 2010
Joslyn R. Muller (Editor-in-Chief of Law Review, University of Detroit Mercy School of Law) recently published her comment entitled Haven?t Women Obtained Equality? An Analysis of the Constitutionality of Dower in Michigan, 87 Det. Mercy L. Rev. 533 (2010)...

CLE on Trust Basics

Posted on November 23, 2010
The National Business Institute is sponsoring a national live video webcast on December 8 entitled Trusts 101. The program description is below: When assessing complex information, it often helps to break items into basic building blocks. The same approach can...

Naked Sleepwalker Wins $14 Million Libel Award

Posted on November 22, 2010
An Irish jury awarded the largest libel award in Ireland?s history of $14 million to Donal Kinsella, a former executive who claimed his career was ruined when his employers implied that he made inappropriate sexual advances to co-worker Deirdre Corcoran...

Statutes in Effect at Time of Testator's Death Govern Will Validity

Posted on November 22, 2010
In its opinion in Schilling v. Schilling, 695 S.E.2d 181 (Va. 2010), the Virginia Supreme Court reiterated the usual rule that validity of a will is governed by the statutes in effect when a testator dies. The court therefore reversed...

Top SSRN Downloads

Posted on November 22, 2010
Here are the top downloads from September 22, 2010 to November 21, 2010 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 209 Wills and...

Michael Hatfield named Glenn West Research Professor

Posted on November 22, 2010
Congratulations to Michael Hatfield who was recently appointed as the Glenn West Research Professor at the Texas Tech University School of Law.

Wills, Trusts & Estates Professor Blog Recognized by Paralegal.net

Posted on November 22, 2010
Paralegal.net The Wills, Trusts & Estates Professor Blog was recently recognized by Paralegal.net as a Top Law Professor News Blog.

Dennis Hopper Trust Suit Poses Great Risk to His Estate

Posted on November 22, 2010
As I previously blogged, Dennis Hopper?s trust is suing his estranged wife Victoria Duffy to recover some of Hopper?s artwork that she allegedly stole. The trust is also suing to enforce the couple?s prenuptial agreement and get Duffy out of...

Internet Deaths Increase

Posted on November 21, 2010
By combining data from the CDC distribution, the CIA?s statistics on American population, and Facebook user statistics, 1000Memories calculated that approximately 400,000 American Facebook users will die in 2010. Although 1000Memories doesn?t know how many of these accounts will be...

New Jersey's Slayer Statute

Posted on November 21, 2010
Sara M. Gregory (2010 J.D. recipient, Rutgers University School of Law-Newark) recently published her note entitled Paved with Good ?Intentions?: The Latent Ambiguities in New Jersey?s Slayer Statute, 62 Rutgers L. Rev. 821 (2010). The introduction is below: In February...

Delaware Case Regarding the Unclean Hands Doctrine

Posted on November 20, 2010
Morris, Nichols, Arsht & Tunnell LLP sent out a Delaware Trusts, Estates, & Tax Law Newsletter (Oct. 2010). The newsletter addresses a new Delaware case relating to the Doctrine of Unclean Hands. The introduction is below: A recent Delaware Court...

SEC Defines Family Office

Posted on November 20, 2010
In order to allow family offices to retain their ability to escape SEC regulation, the SEC has proposed new rules that define ?family office? as an advisory firm that: Provides investment advice only to family members, as defined by the...

Shrinking Inheritances

Posted on November 19, 2010
Many older investors have been scared out of the stock market, reducing their opportunity for asset growth. Lower account balances combined with increasing health care costs are forcing them to shrink the amount of money they plan to leave for...

The Right of Termination in Copyright Law

Posted on November 19, 2010
Michael A. DeLisa (2010 J.D. recipient, Loyola Law School Los Angeles) recently published his comment entitled The Right of Termination in Copyright Law: The Second Circuit's Decision in Penguin Group (USA) Inc. v. Steinbeck Bodes Well for Authors, 43 Loy...

Terminating CRUT by Commuting Unitrust Interest Not an Allowable Trust Modification

Posted on November 19, 2010
In Ladysmith Rescue Squad, Inc. v. Newlin, 694 S.E.2d 604 (Va. 2010), the Supreme Court of Virginia refused to sanction the termination of a CRUT by commutation of the unitrust interest. The court held that modification of the trust was...

Overview of Tax Basis

Posted on November 19, 2010
Douglas K. Cook (attorney, Phoenix, AZ) recently created an animation that gives a basic overview of tax basis. The animation is below: Tax Basis: What It Is & Why It Matters Special thanks to Douglas K. Cook for allowing me...

Illegal Immigrants Contact Estate Planners Due to Fear of Deportation

Posted on November 18, 2010
The Obama administration has increased deportations, setting a record in the last 12 months. Illegal immigrants are growing more nervous about stronger enforcement and have started to draft legal documents that outline what they want to happen to their assets...

Advisor's Most Trust-Friendly Custodians

Posted on November 18, 2010
All four major trust custodians, including TD Ameritrade, Pershing, Fidelity, and Schwab, provide high-quality institutional support to their affiliates. However, although TDA was ranked very low last year, it won the trust-friendly prize this year. Fidelity ranked second, followed by...

Impermissible Trust Modifications in Kansas

Posted on November 18, 2010
An income beneficiary of a testamentary trust obtained an order modifying the trust by increasing the amount of the annuity payable to her by the amount of the change in the consumer price index and by granting her a power...

Ten Essential Tax Rulings for Estate Planners

Posted on November 18, 2010
Tye J. Klooster (attorney, Chicago, IL) and Melissa C. Selinger (attorney, Chicago, IL) recently published their article entitled Ten Essential Tax Rulings for the Estate Planner?s Tool Box, 24 Prob. & Prop. 55 (Nov./Dec. 2010). The introduction is below: In...

Abolition of Stranger to the Adoption Rule Applies Retroactively

Posted on November 17, 2010
In 2003, Indiana abrogated the stranger to the adoption rule as to trusts and to include as beneficiaries persons adopted before age 21 and before the settlor?s death. The statute also contains a provision which makes its rules applicable to...

Call for Papers -- The Uniform Probate Code: Remaking of American Succession Law

Posted on November 17, 2010
The American College of Trust and Estate Counsel?s Legal Education Committee is organizing the fourth in a series of academic symposia financially supported by the ACTEC Foundation. The next symposium, The Uniform Probate Code: Remaking of American Succession Law, will...

Near Billionaire Allegedly Forged Billionaire's Will

Posted on November 17, 2010
A New York City limo driver allegedly made almost $800,000 in fraudulent charges on the credit card of celebrity feng shui adviser, and near billionaire, Chan Chun Chuen. Chan is so wealthy that he didn?t even know about the fraud...

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