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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

Estate Planning for Gay and Lesbian Elders

Posted on October 14, 2010
Nancy J. Knauer (Professor of Law, Beasley School of Law) recently published her article entitled Gay and Lesbian Elders: Estate Planning and End-of-Life Decision Making, 11 Florida Coastal L. Rev. -- (2010). The abstract available on SSRN is below: At...

CLE on Medicaid Eligibility Issues

Posted on October 13, 2010
The National Business Institute is sponsoring a 90-minute national teleconference entitled Medicaid Eligibility and Post-Eligibility Issues on November 1, 2010. The program description is below: This focused course will help you build a fundamental understanding of Medicaid eligibility and effectively...

Estate Tax and Charitable Donations

Posted on October 13, 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). The abstract available on SSRN is...

Estate Planners May be Surprised by What's Really in the Estate

Posted on October 13, 2010
When someone dies, heirs and even the deceased?s estate planner are often surprised to learn what?s in the estate. While a good estate plan offers a clear map of what a person owns, there are several reasons why many estate...

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Advance Care Planning

Posted on October 13, 2010
Thaddeus Mason Pope (Associate Professor of Law, Widener University Law School ? Health Law Institute) recently published his article entitled Legal Briefing: Advance Care Planning, 20 J. of Clinical Ethics 362 (2009). The abstract available on SSRN is below: The...

Estate planning lawyer resigns rather than face discipline

Posted on October 12, 2010
A Texas estate planning lawyer who engaged in muliple acts of bad conduct has recently decided to resign rather than face discipline. Here is the report from Disciplinary Actions, Tex. B.J., Oct. 2010, at 778: On Sept. 3, the Supreme...

Health Care Changes Affect Elderly Clients

Posted on October 12, 2010
Rebecca C. Morgan (Boston Asset Management Faculty Chair in Elder Law and Director of the Center for Excellence in Elder Law, Stetson University College of Law), Bradley J. Frigon (attorney, Denver, CO), and Stuart D. Zimring (attorney, North Hollywood, CA)...

How to Respond to Requests for a Deceased Person's Property

Posted on October 12, 2010
A Miss Manners reader (Reader) asked Miss Manners how to respond to people who are asking for property belonging to Reader?s recently deceased father. These people claim that Reader?s father promised them certain assets, and they are trying to collect...

Harmless Error Rule in Israeli Will Executions

Posted on October 12, 2010
Samuel Flaks (Law Clerk, New Jersey Superior Court) recently published his article entitled Excusing Harmless Error in Will Execution: The Israeli Experience, 3 Est. Plan. & Community Prop. L.J. (forthcoming 2011). The abstract available on SSRN is below: This article...

Tips for Managing Offshore Investments

Posted on October 11, 2010
When asked to share some important basics of managing investments in offshore trusts, Financial Advisor Richard Arnold responded with answers to a few frequently-asked-questions: The foreign bank is the custodian for the investments in the Asset Protection Trust, therefore it...

Happy Columbus Day!

Posted on October 11, 2010
Happy Columbus Day! Although today is a federal holiday (e.g., no regular mail delivery) many of us still need to report to work. I'm off to class in just a few minutes ----

Nonprofit Fiduciaries Need More Guidance

Posted on October 11, 2010
Melanie B. Leslie (Professor of Law, Cardozo Law School) recently published her article entitled Helping Nonprofits Police Themselves: What Trust Law Can Teach Us About Conflicts of Interest, 85 Chicago-Kent L. Rev. 551 (2010). The abstract available on SSRN is...

Advantages of Making Gifts

Posted on October 11, 2010
Some advantages to making inter vivos gifts, other than tax advantages, include: Privacy. Unless you are giving real property or a car, you can give gifts without many people knowing about it. Decrease probate expenses. By removing assets from your...

Elective Shares and Marital Property

Posted on October 11, 2010
Raymond C. O?Brien (Professor of Law, Columbus School of Law) recently published his article entitled Integrating Marital Property Into a Spouse's Elective Share, 59 Cath. U. L. Rev. 617 (2010). An excerpt from the introduction is below: First, this Article...

Experimenting with Teaching Estates and Trusts

Posted on October 10, 2010
Carolyn Grose (Professor of Law, William Mitchell College of Law) recently published her article entitled Outcomes-Based Education One Course at a Time: My Experiment with Estates and Trusts, Working Paper Series (2010). The abstract available on SSRN is below: Over...

Here are the top downloads from

Posted on October 10, 2010
Here are the top downloads from August 10, 2010 to October 9, 2010 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 195 Are in...

Hershey Trust Under Investigation for Purchasing Golf Club

Posted on October 09, 2010
Over 100 years ago, Milton S. Hershey, founder of the chocolate company, established a trust to fund the Milton Hershey School, which is the nation?s biggest residential school for impoverished children. The Deed of Trust strictly directs that funds be...

Wife Steals from Dennis Hopper Trust

Posted on October 09, 2010
At the time Dennis Hopper passed away earlier this year, he was amidst bitter divorce proceedings from Victoria Duffy. Hopper filed an affidavit before his death stating that Duffy had stolen from him and then left town. Now the Dennis...

Completing Your Estate Plan Despite Tax Uncertainty

Posted on October 08, 2010
Since so many tax issues are up in the air right now, you should organize your tax moves into three categories: those you should do now, those you can decide last-minute in December, and Roth conversions. Your list should include:...

Tortious Interference with Expectancy of Inheritance

Posted on October 08, 2010
Jared S. Renfroe (2010 J.D. Candidate, University of Tennessee College of Law) recently published his comment entitled Does Tennessee Need Another Tort? The Disappointed Heir in Tennessee and Tortious Interference with Expectancy of Inheritance or Gift, 77 Tenn...

Directed Trusts Made Simple

Posted on October 08, 2010
Although trust companies and independent investment advisors have had a rocky relationship in the past, directed trusts have been emerging as a win-win vehicle lately. Christopher Holtby and Chuck Sharpe, co-founders of Wealth Advisors Trust, have published a new report,...

Two-Generation Limit on the GST Tax Exemption

Posted on October 08, 2010
Lawrence W. Waggoner (Lewis M. Simes Professor of Law, University of Michigan Law School) recently published his article entitled Congress Should Impose a Two-Generation Limit on the GST Exemption: Here?s Why, U. of Michigan Public L. Working Paper No...

CLE on Conflicts of Law

Posted on October 07, 2010
The National Business Institute is sponsoring a 90-minute national teleconference entitled Estate Planning: Conflicts of Law in Different Jurisdictions on October 26, 2010. The program description is below: Prevent and Resolve Jurisdiction Conflicts in Your Estate Planning Practice Jurisdiction would...

Estate Fiduciaries' Authority to Dispose of Reproductive Matter

Posted on October 07, 2010
Ilene S. Cooper and Robert M. Harper (attorneys, Uniondale, NY) recently published their article entitled Life After Death: The Authority of Estate Fiduciaries to Dispose of Decedent?s Reproductive Matter, 26 Touro L. Rev. 649 (2010). The introduction is below: With...

Hani Sarji's New Blog: Estate of Confusion

Posted on October 07, 2010
Hani Sarji, author of the Future of the Federal Estate Tax blog, has accepted an invitation to blog at Forbes.com. His new blog is entitled Estate of Confusion. To learn how to follow his posts, click here. For more information...

Avoiding Criminal Penalties When Transferring Firearms

Posted on October 07, 2010
Nathan G. Rawling (2010 J.D. Candidate, Quinnipiac University School of Law) recently published his note entitled A Testamentary Gift of Felony: Avoiding Criminal Penalties from Estate Firearms, 23 Quinnipiac Prob. L.J. 286 (2010). The introduction is below: The permutations of...

Living Without a Bank

Posted on October 06, 2010
A 2009 federal study found that one-fourth of U.S. households don?t have bank accounts and instead rely on services like check-cashing and payday loans. These households may avoid banks for several different reasons, but the one thing they have in...

Seizing the Potential of Inherited Wealth

Posted on October 06, 2010
Myra Salzer (Founder of The Wealth Conservancy) recently published her book entitled Living Richly: Seizing the Potential of Inherited Wealth (Legacy Press 2010). The book will be available November 16. Living Richly provides guidance to any person coming into a...

Teen's Brain on Display Without Parents' Permission

Posted on October 06, 2010
Seventeen-year-old Jesse Shipley was killed in a car accident in 2005. After the autopsy, his body was released to his family for burial. Two months later, after a high school field trip to the morgue, Jesse?s family found out that...

Disinheritance in New York

Posted on October 06, 2010
Jason N. Summerfield (attorney, NY) recently published his article entitled Disinheritance in New York State: Legacies We Do and Do Not Leave, 43 Creighton L. Rev 785 (2010). The abstract available on SSRN is below: The recent Illinois case, In...

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