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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

The Impact of Legislation on Charitable Bequests

Posted on November 17, 2010
Kristine S. Knaplund (Professor of Law, Pepperdine University School of Law) recently published her article entitled Charity for the ?Death Tax?: The Impact of Legislation on Charitable Bequests, 45 Gonzaga L. Rev. 713 (2010). Alyssa DiRusso, a contributing editor to...

Paying Estate Taxes on an Illiquid Estate

Posted on November 16, 2010
Lisa M. Rico (attorney, Wellelsey Hills, MA) recently published her article entitled Borrowing for Postmortem Liquidity, Part 1, 24 Prob. & Prop. 50 (Nov./Dec. 2010). The conclusion is below: A number of methods are available to an illiquid estate to...

CLE on Revocable Living Trusts

Posted on November 16, 2010
The National Business Institute is sponsoring a national live video webcast on December 8 entitled Revocable Living Trusts in a Nutshell. The program description is below: In this engaging overview, our expert estate planning attorney faculty will analyze the most...

Inclusion of Step-Children in Definition of Children Does Not Make Them "Lineal Descendants" of the Settlor

Posted on November 16, 2010
In Timmons v. Ingrahm, 36 So. 3d 861 (Fla. Dist. Ct. App. 2010), the testator?s will created a marital trust and a family trust. The spouse was given a 5 and 5 withdrawal power in the marital trust and the...

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Pro-Athletes Pledge to Donate Brains After Death

Posted on November 16, 2010
New England Revolution forward Taylor Twellman has volunteered himself for a Boston University medical school program that aims to better understand the long-term effects of repeated concussions. Twellman, who has had seven diagnosed concussions, will undergo annual tests and will...

Planning at a Time of Uncertainty

Posted on November 15, 2010
Leiha Macauley, an attorney in Boston, has a client who died in May, leaving his $20 million estate to his 93-year-old widow through a simple will. The firm has drawn up disclaimer paperwork that would allow the property to pass...

Nine Key Estate Planning Tools

Posted on November 15, 2010
Nine key estate planning tools are below: Will. A will is a document in which you designate what you want done with your assets upon your death. Living Trust. A living trust is a contract that states how you desire...

Newcomb College Case to be Appealed to Louisiana Supreme Court

Posted on November 15, 2010
Susan Henderson Montgomery, descendant of Josephine Newcomb, the founding benefactor of Newcomb College, has announced her plans to ask the Louisiana Supreme Court to hear an appeal in the previously-blogged-about case of Montgomery v. Tulane. The Future of Newcomb College...

Fighting Off an Attack Incapacity Suit

Posted on November 15, 2010
Joseph P. McMenamin (attorney, Richmond, VA), Dana G. Fitzsimons Jr. (attorney, Richmond, VA), and Adam M. Damerow (attorney, Chicago, IL) recently published their article entitled The Attack Incapacity Suit?A Self-Fulfilling Prophecy?, 24 Prob. & Prop...

Top SSRN Downloads

Posted on November 14, 2010
Here are the top downloads from September 14, 2010 to November 13, 2010 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 204 Wills and...

New York Reexamines its Long-Term Care Rules

Posted on November 14, 2010
In an effort to lower spending, New York Lt. Gov. Richard Ravitch is calling for a reexamination of the state?s long-term care program, which is currently one of the most generous policies in the nation. He also wants to shift...

How to Talk to Your Depression-Era Parents About Money

Posted on November 13, 2010
After writing an article about stepping in for an elderly parent with dementia, which I blogged about here, the New York Times writer compiled readers? comments and tips regarding how to talk with depression-era parents about money. Their suggestions are...

Eligibility of Trusts to Make Alternative Investments

Posted on November 13, 2010
Stacy K. Mullaney (Trust Counsel, Boston, MA) recently published her article entitled Complex Securities Laws and the Eligibility of Trusts to Make Alternative Investments, 24 Prob. & Prop. 38 (Nov./Dec. 2010). The introduction is below: With the adoption of the...

Newest Harry Potter Movie Features Dumbledore's Last Will and Testament

Posted on November 12, 2010
A review of Harry Potter and the Deathly Hallows Part I has been released, discussing the plot, the emotional depth of the movie, and the fact that this is the scariest Harry Potter film so far. Most importantly, the review...

Letting the Estate Tax Die

Posted on November 12, 2010
Professor Richard Thaler wrote an article, which I previously blogged about, that noted that only 3 estates in 1,000 would be subject to the estate tax at a $3.5 million exemption level. He further added that those subject to the...

Future of the Federal Estate Tax Still Uncertain Even After Midterm Elections

Posted on November 12, 2010
The American Family Business Institute sees the midterm election as a victory because there is now a pro-estate-tax-repeal majority in Congress for the first time in six years. The Death Tax Repeal Pledge, which is AFBI?s project, has 119 supporters....

Determining Legal Parentage of Children Born Through Assisted Reproductive Technology

Posted on November 12, 2010
Courtney G. Joslin (Acting Professor of Law, UC Davis School of Law) recently published her article entitled Protecting Children (?): Marriage, Gender, and Assisted Reproductive Technology, 83 S. Cal. L. Rev. 1177 (2010). The abstract available on SSRN is below:...

New Cost-Basis Reporting Rules

Posted on November 11, 2010
Short of an audit, the IRS has no way to know whether taxpayers calculated gains and losses on investment sales correctly, which prompted Congress to draft new requirements. Starting in 2011, investment providers have to report customers? cost bases to...

CLE on Planning for Vacation Homes

Posted on November 11, 2010
The National Business Institute is sponsoring a 90-minute national teleconference entitled Estate Planning for Vacation Homes on December 7. The program description is below: Vacation home estate planning is no longer just for the wealthiest of your clients...

Texas Case Law Update

Posted on November 11, 2010
Gerry W. Beyer (Governor Preston E. Smith Regents Professor of Law, Texas Tech University School of Law) recently published his article entitled Case Law Update, 25th Annual Wills and Probate Institute, South Texas College of Law (2010). The abstract available...

Limitation to "Lawful" Descendants Excludes Nonmarital Children

Posted on November 11, 2010
In Hood v. Todd, 695 S.E.2d 31 (Ga. 2010), the testator?s will gave the residuary estate to his children and the issue of deceased children. In the will, the testator stated that he had two daughters, named them, and defined...

Happy Veteran's Day

Posted on November 11, 2010
To all readers who serve, or have served, in our military -- Happy Veteran's Day and thank you for you do or have done for our country.

Risk of Death

Posted on November 10, 2010
Ariel Porat (Alain Poher Professor of Law, Tel Aviv University) and Avraham D. Tabbach (Professor of Law, Tel Aviv University) recently published their article entitled Risk of Death, U. of Chicago L. & Economics, Olin Working Paper No. 531 (2010)....

CLE on Essential Components of Wills

Posted on November 10, 2010
The National Business Institute is sponsoring a national live video webcast entitled Essential Components of a Will on December 1. The program description is below: A well-drafted will remains one of the most effective estate planning tools but has been...

Exoneration: Testator's Estate is Liable for a Mortgage on Entireties Property

Posted on November 10, 2010
In Dolby v. Dolby, 694 S.E.2d 635 (Va. 2010), the decedent and his wife owned their home as tenants by the entireties. At his death, the decedent was the sole obligor on the promissory note securing the mortgage on the...

ACLU Fights Estate Tax Bill for Gay Couple

Posted on November 10, 2010
In an attempt to save the couple hundreds of dollars a month, Ms. Pederson tried to enroll her spouse in her federal health insurance but was rejected once again. Ms. Pedersen and Ms. Meitzen, whose 2008 marriage is recognized under...

"Directed Trusts Made Simple" Pulls in $70 Million

Posted on November 09, 2010
I previously blogged about the co-founders of Wealth Advisors Trust publishing a report called Directed Trusts Made Simple. The report, which is distributed exclusively by email, pulled in $70 million within 30 days. The firm expects to see that number...

Guardianship Expenses Included in Available Resources for Medicaid Eligibility Purposes

Posted on November 09, 2010
After Deanna W. was found to be an incapacitated person, the court appointed a guardian of her estate, directing the guardian to set aside certain amounts to cover guardianship expenses. The court also ordered the Nassau County Department of Social...

Check-the-Box Trust Regulations

Posted on November 09, 2010
Carter G. Bishop (Professor of Law, Suffolk University Law School) recently published his article entitled Forgotten Trust: A Check-the-Box Achilles? Heel, 43 Suffolk Univ. L. Rev. 529 (2010). The abstract available on SSRN is below: The 1997 check-the-box regulations largely...

Handling 2010 Carryover Basis Rules

Posted on November 09, 2010
Under the 2010 carryover basis rules, property passing from a decedent may be stepped up by an aggregate of $1.3 million and an additional $3 million for property received by a decedent?s spouse. Executors applying these rules may face several...

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