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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

Retirement Planning

Posted on September 10, 2010
Many people fresh out of college haven?t started to think about retirement yet. If you?re in that boat, here are some tips for you: Start immediately. The sooner you start saving for retirement, the longer your money can accumulate interest...

Tax Court Analyzes Gifts of Interests in FLPs

Posted on September 09, 2010
Wendy C. Gerzog (Professor of Law, University of Baltimore School of Law) recently published her article, which discusses Price v. Commissioner, entitled The Price of an FLP Annual Exclusion, 128 Tax Notes 1075 (Sept. 2010). The analysis and conclusion are...

Problems Caused by Do-It-Yourself Wills

Posted on September 09, 2010
Despite the importance of drafting a will, an astonishing amount of people have not done so. Possibly even worse is drafting a do-it-yourself (DIY) will rather than seeing an attorney. Here are just a few things that can go wrong...

Texas Wills & Trusts Survey Article

Posted on September 09, 2010
Gerry W. Beyer (Governor Preston E. Smith Regents Professor of Law, Texas Tech University School of Law) has recently published his article entitled Wills & Trusts, 63 SMU L. Rev. 865 (2010). Here is the abstract of the article from...

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Keeping Your Practice Up-to-Date

Posted on September 09, 2010
Jonathan G. Blattmachr (attorney, New York, NY) recently published his article entitled Looking Back and Looking Ahead: Preparing Your Practice for the Future: Do Not Get Behind the Change Curve, 36 ACTEC J. 1 (Summer 2010). The introduction is below:...

Happy Rosh Hashanah

Posted on September 09, 2010

Delaware Case Raises Issues for Estate Planners

Posted on September 09, 2010
Morris, Nichols, Arsht & Tunnell LLP sent out a Delaware Trusts, Estates, & Tax Law Update (Aug. 2010). The update discusses the recent Delaware Court of Chancery opinion in Stone v Stant. The introduction is below: A recent Delaware Court...

31st Annual Conference on Aging

Posted on September 08, 2010
The University of Texas Health Science Center at San Antonio is sponsoring the 31st Annual Conference on Aging entitled Maximizing Health in the Boomer Generation on September 24, 2010. The program includes: ?CDC Report: Promoting Preventive Services for the Boomer...

Effect of Tax Apportionment Clauses on Nontestamentary Assets

Posted on September 08, 2010
Patricia M. Sheridan (Assistant Professor of Law, Manhattan College) recently published her article entitled Effect of Tax Apportionment Clauses on Nontestamentary Assets, 43 Tr. & Est. L. Sec. Newsl. 13 (Summer 2010). An excerpt from the introduction is below: This...

The Digital Age and Privacy

Posted on September 08, 2010
Michael Baldwin (attorney, Austin, TX) and Brad Korell (attorney, Austin, TX) recently published their article entitled Privacy Preservation Planning in the Digital Age, 2 Est. Plan. & Community Prop. L.J. 393 (2010). The introduction is below: Privacy has been an...

How to handle tax protesters in an ethical manner

Posted on September 08, 2010
Michael Hatfield (Professor of Law and Associate Dean of Research and Faculty Development, Texas Tech University School of Law) has recently posted on SSRN his essay entitled Tax Lawyers, Tax Defiance, and the Ethics of Casual Conversation. Here is the...

Clark's Family Requests a Guardian

Posted on September 08, 2010
I previously blogged about Huguette Clark?s attorney and accountant taking advantage of her here and here. On Friday, three of Clark?s relatives requested that the court appoint a guardian to protect her from possible financial abuse. "Our wish is to...

Pointing Out Fallacies in Pro-Estate Tax Arguments

Posted on September 07, 2010
A Forbes columnist recently listed seven reasons why the return of the estate tax is undesirable: It is foolish to argue that the government needs revenue now more than ever because by that logic, forms of taxation could multiply without...

New Delaware Laws Relating to Trusts and Durable Powers of Attorney

Posted on September 07, 2010
Morris, Nichols, Arsht & Tunnell LLP sent out a Delaware Trusts, Estates, & Tax Law Newsletter (Sept. 2010). The newsletter addresses new Delaware laws relating to trusts and durable powers of attorney. The introduction is below: On July 2, 2010,...

Using Life Insurance to Cover Estate Taxes

Posted on September 07, 2010
Lee Lytton (Professor of Law, St. Mary's University School of Law) recently published his article entitled "Save the Land from Uncle Sam": Using Life Insurance Premium Financing in Estate Planning, 2 Est. Plan. & Community Prop. L.J. 421 (2010). The....

Lecture on Repealing Grantor Trust Rules

Posted on September 07, 2010
Mark L. Ascher (Joseph D. Jamail Centennial Chair in Law, University of Texas) will present the Hugh J. and Frank Tamisiea Lecture in Trusts and Estates entitled Why the Grantor Trust Rules Should be Repealed on September 10, 2010. The...

New Jersey Not Allowed to Analyze Promissory Notes as Trust-Like Devices

Posted on September 06, 2010
Some New Jersey residents lent money to relatives and received promissory notes in return. Then the residents applied for Medicaid and were denied. The state claimed that the notes were trust-like instruments and available resources. The district court sided with...

Estate and Income Tax Issues for New York

Posted on September 06, 2010
Laurence Keiser (attorney, White Plains, NY) recently published his article entitled New York State Aspects of Federal Estate Tax Repeal, 43 Tr. & Est. L. Sec. Newsl. 8 (Summer 2010). The introduction is below: Federal estate tax repeal in 2010...

Top SSRN Downloads

Posted on September 06, 2010
Here are the top downloads from July 7, 2010 to September 5, 2010 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 374 2009 Developments...

Happy Labor Day

Posted on September 06, 2010
Happy Labor Day!! Hope you are having an enjoyable, productive, and safe holiday.

Creative Wealth Shifting

Posted on September 06, 2010
Robert G. Alexander (attorney, Milwaukee, WI) and Dallas E. Klemmer (attorney, Milwaukee, WI) recently published their article entitled Creative Wealth Planning with Grantor Trusts, Family Limited Partnerships, and Family Limited Liability Companies, 2 Est...

Fiduciaries of Charities

Posted on September 05, 2010
Johnny Rex Buckles (Associate Professor of Law, University of Houston) recently published his article entitled Fiduciary Assumptions Underlying the Federal Excise Taxation of Compensation Paid by Charities, 45 Real Prop., Tr. & Est. L. J. 53 (Spring 2010)...

Be sure to timely probate a will!

Posted on September 05, 2010
In In re Estate of Rothrock, 312 S.W.3d 271 (Tex. App.?Tyler 2010, no pet. h.), both the trial and appellate courts agreed that Proponent was in default for failing to probate Testator?s will within four years of death and thus...

Trust Decanting

Posted on September 04, 2010
William R. Culp, Jr. (attorney, Charlotte, NC) & Briani Bennett Mellen (attorney, Columbia, SC) recently published their article entitled Trust Decanting: An Overview and Introduction to Creative Planning Opportunities, 45 Real Prop., Tr. & Est. L. J...

Trustee removal and appointment of successor trustee

Posted on September 04, 2010
After the trial court removed Trustee from office, Trustee asserted that an earlier settlement agreement addressing Trustee?s use of over $500,000 of trust funds for her personal use was an election of remedies precluding or waiving the removal action...

How the Rich Shield Assets

Posted on September 03, 2010
Why would Jamie McCourt sign a post-nuptial agreement giving up her rights in the Los Angeles Dodgers? She and Frank McCourt are now in the midst of a divorce and she is trying to claim that she didn?t know what...

Help Your Clients Find a Nursing Home

Posted on September 03, 2010
William S. Friedlander (attorney, Ithaca, NY) recently published his article entitled Step by Step: Help Your Clients Pick a Nursing Home, Am. Ass'n for Just. (July 2010). An excerpt from the introduction is below: Clearly, there?s more to nursing home...

Texas court virtually abolishes revocation by physical act

Posted on September 03, 2010
In In re Estate of Catlin, 311 S.W.3d 697 (Tex. App.?Amarillo 2010, pet. denied), the trial court admitted a lost will to probate under Prob. Code � 85. The appellate court affirmed rejecting Contestant?s assertion that there was insufficient evidence...

Charitable Lids

Posted on September 03, 2010
Wayne E. Nix (Assistant Professor of Accounting, Jackson State University), Lee G. Knight (Professor of Accountancy, Wake Forest University), and Ray A. Knight (Managing Director of Capstone Planning Alliance LLC) recently published their article entitled New Life for Charitable Lids,...

Dodgers' Charity Being Investigated

Posted on September 02, 2010
The California attorney general?s office recently opened an investigation into the 2007 salary of Howard Sunkin, the chief executive of the Dodgers? Dream Foundation. Sunkin earned more than $400,000 in 2007, which was one-fourth of the Foundation?s budget that year...

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