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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

Common Law Doctrine of Election in Illinois

Posted on September 02, 2010
Robert S. Held (attorney, Chicago, IL) recently published his article entitled Refuse the Bequest or Lose the Will Contest: The Unforgiving Doctrine of Election, 98 Ill. Bar J. 374 (July 2010). The introduction is below: Illinois has adopted the common...

Undue Influence

Posted on September 02, 2010
In In re Estate of Russell, 311 S.W.3d 528 (Tex. App.?El Paso 2009, no pet. h.), Testatrix?s will was successfully contested by her granddaughters who claimed that Testatrix was subject to undue influence when she executed her will. The appellate...

An Analysis of The Uniform Statutory Trust Entity Act

Posted on September 02, 2010
Robert B. Shepherd, Jr. (JD-MBA, 2010, Quinnipiac University School of Law and School of Business) has recently published his note entitled What Roosevelt Thought: A Rough Rider's Guide to the USTEA [Uniform Statutory Trust Entity Act], 232 Quinnipiac Prob...

Facebook just asked me if I wanted to be friends with a dead person!

Posted on September 02, 2010
A few minutes ago, I signed on to my Facebook page and was greeted with a message asking me if I wanted to "friend" a person whom I know is no longer functioning as a carbon based biological unit, or,...

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Giving Speeches as a Marketing Tool for Your Elder Law Firm

Posted on September 01, 2010
Three ElderLawAnswers member attorneys have found that giving presentations to both lay groups and professional groups is a valuable marketing tool for their elder law firms. They?ve found that these engagements are a valuable way to gain a reputation in...

Common Law Same-Sex Marriage

Posted on September 01, 2010
Peter Nicolas (Jeffrey & Susan Brotman Professor of Law, University of Washington School of Law) recently published his article entitled Common Law Same-Sex Marriage, 43 Conn. L. Rev. (forthcoming 2011). The abstract as provided on SSRN is below: In this...

Tips for Making Funeral Arrangements

Posted on September 01, 2010
When making funeral arrangements, most people spend more than they have to because they?re not in the mood to bargain or do proper research. The following six tactics can help you keep funeral costs reasonable: Learn your rights. Funeral homes...

Who should pay attorney ad liem costs?

Posted on September 01, 2010
In the case of In re Estate of Frederick, 311 S.W.3d 127 (Tex. App.?Fort Worth 2010, no pet. h.), after Son died and Wife attempted to probate intestate Son?s estate, Mother contested Wife?s application. The court appointed an attorney ad...

Uncovering Bock's Misconduct

Posted on August 31, 2010
I previously mentioned the beginning of an investigation into Clark?s attorney, Wallace Bock. Since then, Bock?s former paralegal, Cynthia Garcia, has come forward with some valuable information. After 9/11, Bock had Garcia write to Clark asking her for $1...

Problems Caused by Surprise Liens

Posted on August 31, 2010
Chad J. Pomeroy (attorney, Salt Lake City, UT) recently published his article entitled Ending Surprise Liens on Real Property, Nev. L. Rev. (forthcoming). The abstract provided on SSRN is below: Academics, law makers, and the general public have long believed...

CLE on State Death Taxes

Posted on August 31, 2010
The American Bar Association Section of Real Property, Trust & Estate Law is sponsoring a 90-minute teleconference and live audio webcast entitled Pulling Back the Curtain: Dealing with Oft-Overlooked State Death Taxes on September 14, 2010. The program information is...

Removal of Independent Executor

Posted on August 31, 2010
In In re Estate of Hoelzer, 310 S.W.3d 899 (Tex. App.?Beaumont 2010, pet. filed), after Step-mother died, Son was appointed as the successor independent executor of Father?s estate. He then filed a claim against Father?s estate on behalf of himself...

Top SSRN Downloads

Posted on August 30, 2010
Here are the top downloads from June 30, 2010 to August 29, 2010 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 370 2009 Developments...

Using Life Insurance to Protect Assets

Posted on August 30, 2010
Ike Z. Devji (attorney, Phoenix, AZ) co-authored an article entitled What is an alternative to my current cash position that will protect my money from litigation?, Worth Magazine (Oct.-Nov. 2009). The article, provided in full, is below: In our current...

Guardianship Expert Sharon Gardner Authors Guardianship Blog

Posted on August 30, 2010
One of the foremost experts in guardianship law in Texas, Sharon Gardner (Shareholder, Crain, Caton & James, Houston, Texas), is now authoring a blog entitled Gardner on Guardianships. This blog should prove to be useful to attorneys and lay individuals...

Unsuitability of Named Executors

Posted on August 30, 2010
In In re Estate of Gay, 309 S.W.3d 676 (Tex. App.?Houston [14th Dist.] 2010, no pet. h.), Brothers asserted that they were their deceased father?s ?personal representatives by testamentary designation? to the United States Court of Appeals for the Tenth...

Record of an Old Rabbanite Court Regarding an Inheritance Issue

Posted on August 29, 2010
Jacob Olidort (Ph.D. candidate, Princeton University) recently published his article entitled Qaraite Inheritance Law Deliberated in a Rabbanite Court (June 29, 2010). The abstract provided on SSRN is below: The following paper examines a previously-unpublished Geniza document: a record of...

Giving Gifts to Save on Taxes

Posted on August 29, 2010
As people focus on the estate tax mess this year, they overlook the upcoming negative changes to the gift tax. Currently, the gift tax is 35%, the lowest it?s been since the 1930s. Next year, the gift tax rises to...

ESOPs Gaining Popularity

Posted on August 28, 2010
A Georgetown University study shows that companies that offer employee stock ownership plans (ESOPs) have outperformed companies that do not during the recession. Thus, experts believe that more companies will soon offer ESOPs to their employees as retirement options...

Asset Protection for Doctors

Posted on August 28, 2010
Ike Z. Devji (attorney, Phoenix, AZ) authored Asset Protection 101 for Physicians, which will be featured in a forthcoming book on wealth preservation for doctors. The introduction is below: Good financial advisors seek to create safe, steady growth and help...

Giving Gifts to Lower Your Estate Taxes

Posted on August 27, 2010
If the estate tax comes back with a vengeance next year, people will need to transfer more assets to family members during life instead of after. Here are some ways to do so: Lend Money. If you lend money to...

Overview of Asset Protection

Posted on August 27, 2010
Ike Z. Devji (attorney, Phoenix, AZ) published an article entited Asset Protection 101, Advisor Today (Feb. 2008). This article continues to be used to educate advisors and clients nationally. The introduction is below: Your affluent clients depend on you to...

Benefits of Long-Term GRATs

Posted on August 27, 2010
There have been many attacks on GRATs recently, and it appears that some form of anti-GRAT legislation will become law eventually. Most likely, this legislation will require GRATs to have a minimum term of ten years. While this greatly increases...

12-Part Webinar on Special Needs Training

Posted on August 27, 2010
The Academy of Special Needs Planners is sponsoring a 12-part special needs training webinar entitled Public Benefits, Trust Drafting & Implementation from September 15 to December 8. An overall description is below: Four main study areas: Understanding Public Benefits Using...

Probate Rules Consultation Paper

Posted on August 26, 2010
The British Columbia Law Institute recently published an article entitled Consultation Paper on New Probate Rules (May 17, 2010). The abstract as provided on SSRN is below: This consultation paper is issued in connection with the Probate Rules Reform Project...

Conference at McGill University About Trusts

Posted on August 26, 2010
The Quebec Research Centre of Private and Comparative Law is holding a conference entitled The Worlds of the Trust/La fiducie dans tous ses �tats on September 23-25, 2010, at the Faculty of Law, McGill University. A description of the conference...

Investigations Begin on a Half-Billion Estate

Posted on August 26, 2010
Manhattan DA?s Elder Abuse Unit, which investigated Brooke Astor?s finances, is now investigating the finances of Huguette Clark, a 104-year-old heiress worth four times as much as Astor. The detectives are investigating attorney Wallace Bock and accountant Irving Kamsler, who...

Things You Should Know About the Retirement Front

Posted on August 26, 2010
Some recent developments regarding retirement include: The IRS recently issued a private letter ruling reiterating that it will be flexible with the 60-day deadline for rolling money over from one tax-deferred account to another. The IRS will be lenient in...

Book on Family Business Entities

Posted on August 25, 2010
Louis A. Mezzullo (attorney, Rancho Santa Fe, CA) recently published his book entitled An Estate Planner?s Guide to Family Business Entities: Family Limited Partnerships, Limited Liability Companies, and More, Third Edition (ABA 2010). The description is below: This completely updated...

New York Palliative Care Information Act

Posted on August 25, 2010
Against the wishes of New York State?s medical society, Governor Paterson signed the New York Palliative Care Information Act into law last week. The new law requires physicians to talk with terminally ill patients about all their options for end-of-life...

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