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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

Unique Estate Tax Issues in 2010

Posted on September 18, 2010
As we approach the end of the ninth month of the year, families of wealthy individuals who died early this year are now confronting some uniquely confusing issues. Some of these issues include: In any other year, a form 706...

Protecting Elderly Individuals

Posted on September 18, 2010
Kerri Griffin (2011 J.D./M.S. PFP candidate, Texas Tech University) recently published her comment entitled Safeguarding Against Golden Opportunities, 2 Est. Plan. & Community Prop. L.J. 441 (2010). An excerpt from the introduction is below: Problems such as this one are...

Abigail Disney Pushes for the Preservation of the Estate Tax

Posted on September 17, 2010
Abigail Disney recently wrote an article expressing her opinion of the federal estate tax. She believes that her family was successful and amassed a fortune because of the pro-business protections provided by the U.S. government, and that the government deserves...

Recent Legislative Activity in New York

Posted on September 17, 2010
Michael S. Kutzin (attorney, New York) recently published his article entitled Changes to Renunciation Statute and Veto of Changes to Waivers of Right of Election Highlight Legislative Activity, 43 Tr. & Est. L. Sec. Newsl. 21 (Summer 2010). The introduction...

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CLE on Trust Funding and Asset Allocation

Posted on September 17, 2010
The National Business Institute is sponsoring a 90-minute national teleconference entitled Trust Funding and Asset Allocation on October 7, 2010. The program description is below: Ensure financial sustainability of the trusts you create - get a crash course in related...

Funeral Trends in the Recession

Posted on September 17, 2010
Megan C. Wells (2011 J.D. candidate, Texas Tech University School of Law) recently published her comment entitled Dead Bodies Everywhere (Dun Dun Dun): Funeral Trends in This Recession and the Laws Regulating These Changes, 2 Est. Plan. & Community Prop...

Please consider supporting the Future of the Estate Tax Blog

Posted on September 16, 2010
Yesterday, I asked for your support to be named one of the 100 Top Blawgs by the ABA Journal. For those of you who have completed or will complete a "friend-of-the-blog" form, I am most honored and appreciative. I would...

Seven Steps for 2010 Heirs

Posted on September 16, 2010
Ever since the lapse of the federal estate tax, many people have discussed the windfall it?s creating for wealthy families. But most people don?t realize that this may not be the case. Before this year, heirs valued inherited assets at...

Mental Functions May Improve Late in Life

Posted on September 16, 2010
An emerging body of research shows that although dementia is a possibility, many mental functions actually get better in old age. Vocabulary improves, and so does facility with synonyms and antonyms. Older brains contain more expert knowledge and are able...

Removing an Incapacitated Trustee

Posted on September 16, 2010
Carolyn B. Handler (attorney, New York, NY) recently published her article entitled The Ethical and Practical Considerations of Removing an Incapacitated Trustee, 43 Tr. & Est. L. Sec. Newsl. 32 (Summer 2010). An excerpt from the introduction is below: In...

36th Annual Notre Dame Tax & Estate Planning Institute

Posted on September 15, 2010
Notre Dame is sponsoring the Thirty-Sixth Annual Notre Dame Tax & Estate Planning Institute on October 28-29, 2010. The program description is below: This year's Institute will help estate planning professionals deal with the current uncertainty in this field of...

Including Pets in Your Estate Plan

Posted on September 15, 2010
Gerry W. Beyer (Governor Preston E. Smith Regents Professor of Law, Texas Tech University School of Law) recently published his article entitled Critters in the Estate Plan, 43 Tr. & Est. L. Sec. Newsl. 25 (Summer 2010). The abstract from...

Do you like this blog? If so, please consider supporting it for ABA Top 100 Blawgs Recognition

Posted on September 15, 2010
Dear Reader, The American Bar Association is working on its list of the 100 best legal blogs. If you enjoy this blog, I would certainly appreciate your support by completing a very short "Friend-of-the-Blawg" form by following this link. Thanks...

Life Insurance Companies Should Interplead When They Suspect Foul Play

Posted on September 15, 2010
Arthur A. Palmunen (attorney, Hartford, CT) recently published his article entitled Using Interpleader in Life Insurance Disputes Where the Beneficiary May Have Killed the Insured, The Brief: 39 Tort Trial & Insurance Practice Section 38 (Summer 2010)...

CLE on Special Fiduciaries

Posted on September 14, 2010
The National Business Institute is sponsoring a 90-minute national teleconference entitled The Role of Trust Protectors and Special Fiduciaries on October 13, 2010. The program description is below: Why have another "cook in the kitchen?" What can trust protectors do...

Foreign Trust Tax Consequences

Posted on September 14, 2010
Chris K. Gawart (attorney, Milwaukee, WI & Phoenix, AZ), Amalia L. Todryk (attorney, Milwaukee, WI), and Adam W. Kiracofe (attorney, Milwaukee, WI) recently published their article entitled Beware the Foreign Trust Tax Trap, 24 Prob. & Prop. 40 (Sept...

Ten Highest Divorce Settlements

Posted on September 14, 2010
Tiger Woods? divorce from Elin Nordegren is one of the most expensive divorces ever. A list of the top ten highest divorce settlements is below: 1. Rupert and Anna Murdoch - $1.7 billion 2. Adnan and Soraya Khashoggi - $874...

Charitable Trust Disputes

Posted on September 14, 2010
Steven K. Mignogna (attorney, Haddonfield, NJ) and Kenneth J. Lackey (attorney, Haddonfield, NJ) recently published their article entitled Gifts Gone Astray: Disputes Involving Charitable Trusts, 24 Prob. & Prop. 56 (Sept./Oct. 2010). The conclusion is below: When unforeseen circumstances arise...

Attorney Disciplined for Claiming to Channel Client's Dead Wife

Posted on September 13, 2010
Client first hired Johnson to represent him during his divorce proceedings. His wife committed suicide a few months later, and Johnson began to represent him in probate proceedings. Johnson, Client, and two witnesses genuinely believed that Client?s wife was within...

Top SSRN Downloads

Posted on September 13, 2010
Here are the top downloads from July 14, 2010 to September 12, 2010 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 193 Ending Surprise...

Problems with Roth IRA Conversions

Posted on September 13, 2010
Christopher R. Hoyt (Professor of Law, University of Missouri--Kansas City School of Law) recently published his article entitled Rethinking Roth IRA Conversions in 2010, 24 Prob. & Prop. 12 (Sept.-Oct. 2010). An excerpt from the introduction is below: High-income taxpayers...

Testing Different Computer-Generated Wills

Posted on September 13, 2010
A New York Times author used four different programs to produce four computer-generated wills. She then took the wills to an estate planning attorney to review the drafts and point out potential issues. Here are just a few of the...

Test Tube Babies and the Law

Posted on September 13, 2010
Bridget M. Fuselier (Associate Professor of Law, Baylor Law School) recently published her article entitled Pre-embryos in Probate: Property, Person, or Something Else, 24 Prob. & Prop. 31 (Sept./Oct. 2010). The conclusion is below: Although no current system works in...

Possible Estate Tax Portability

Posted on September 12, 2010
Shirley L. Kovar (attorney, San Diego, CA) recently published her article entitled Estate Planning--An Oxymoron? Thinking About Retroactivity or Repeal in 2010 and Estate Tax with Portability, 36 ACTEC J. 245 (Summer 2010). The introduction is below: Estate planning was...

Bettencourt's Illegal Tax Avoidance

Posted on September 12, 2010
I previously blogged about the L?Oreal heiress estate scandal here, here and here. Most recently, French police raided Bettencourt?s home and President Sarkozy?s office, looking for evidence of possibly illegal payments to French politicians. Bettencourt is said to have given...

Modern Medical Technology and the Law

Posted on September 11, 2010
Dominic J. Campisi, Claudia Lowder, and Naznin Bomi Challa recently published their article entitled Heirs in the Freezer: Bronze Age Biology Confronts Biotechnology, 36 ACTEC J. 179 (Summer 2010). The introduction is below: ?Advances in medical technology have far outstripped...

45th Annual Heckerling Institute on Estate Planning

Posted on September 11, 2010
The Heckerling Institute is sponsoring the 45th Annual Heckerling Institute on Estate Planning CLE on January 10-14 in Orlando, Florida. Details are below: The Heckerling Institute on Estate Planning is the nation?s leading conference for estate planning professionals including attorneys,...

Challenging the IRS Regarding GRATs

Posted on September 10, 2010
Michael D. Whitty (attorney, Chicago, IL) recently published his article entitled GRAT Expectations: Questioning, Challenging, and Litigating the Service Position on Estate Tax Inclusion of Grantor Retained Annuity Trusts, 36 ACTEC J. 87 (Summer 2010)...

CLE on Asset Protection for the Middle Class

Posted on September 10, 2010
My Legal Conferences is sponsoring a 60-minute audio conference entitled Asset Protection for the Middle Class: Strategies for Estate Planners on September 14, 2010. The program summary is below: Asset protection for the middle class, when done effectively, can shelter...

Blood, Behavior, and Inheritance Laws

Posted on September 10, 2010
Anne-Marie Rhodes (Professor of Law, Loyola University Chicago School of Law) recently published her article entitled Blood and Behavior, 36 ACTEC J. 143 (Summer 2010). An excerpt from the introduction is below: Part I will present common law exceptions to...

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