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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

More Trust Companies Move to South Dakota

Posted on August 25, 2010
Kansas-based Great Plains Trust is the second trust company to transfer to South Dakota this year. There are nine more out-of-state trust companies wanting to move to South Dakota. If the Division of Banking approves all the trust companies, South...

CLE on Elder Law and Health Care Reform

Posted on August 25, 2010
The National Business Institute is sponsoring a 90-minute national teleconference entitled Health Care Reform as it Affects Elder Law and Estate Planning on September 15. The program description is below: With the initial hype surrounding the Health Care Reform waning,...

Hawaii's New Trust Law is "Dead on Arrival"

Posted on August 24, 2010
At the end of June, Hawaii Governor Linda Lingle signed a new trust law, hoping to attract trust business and increase Hawaii?s revenue. However, the new law most likely won?t be able to compete with South Dakota, Nevada, Delaware, or...

Resolution of the Estate Tax Will Help Resolve Other Tax Issues

Posted on August 24, 2010
Although Congress continues to delay action on the estate tax, it seems unlikely that it will allow the reinstatement of the $1 million exemption due to the repercussions that would be faced by both Republicans and Democrats. Once the uncertainty...

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Book on Special Needs Trusts

Posted on August 24, 2010
Barbara D. Jackins (attorney, Belmont, MA), Richard S. Blank (attorney, Boston, MA), Ken W. Shulman (attorney, Boston, MA), & Harriet H. Onello (attorney, Lexington, MA) recently published their book entitled Managing a Special Needs Trust: A Guide for Trustees (DisABILITIES...

Fisk University Barred from Selling Art Collection

Posted on August 24, 2010
Fisk University, in a desperate financial situation, wanted to sell a half share in a collection of modern art that was donated to the school by Georgia O?Keeffe. Judge Ellen Hobbs Lyle denied approval for the sale, noting that O?Keeffe?s...

Welcome Back!

Posted on August 23, 2010
For many of us, today is the first day of Fall Semester. I hope you had an enjoyable and productive summer. As you are probably aware, this blog attempts to serve as a central site to locate and explore comprehensive...

Consider the Risks Before Becoming a Living Donor

Posted on August 23, 2010
Ryan Arnold died four days after donating 60% of his liver to his brother, Chad Arnold. Nationally, this happens to two out of every 1,000 liver donors and 14 out of 51,153 kidney donors. Although many people make the decision...

Bobby Fischer is Not Jinky's Father

Posted on August 23, 2010
I previously blogged about the exhumation of Bobby Fischer?s body for DNA testing and the possible distributions of his estate. The DNA results are back, and Fischer is not the father of nine-year-old Jinky. With this piece of the puzzle...

New York Becomes a No-Fault Divorce State

Posted on August 23, 2010
On August 15, New York Governor David Paterson signed a bill making New York a no-fault divorce state. New York previously required couples to prove fault before divorce was granted and was the last state to drop this requirement. The...

Now Casting Families for TV Pilot

Posted on August 22, 2010
The following solicitation is posted as a courtesy to Nicole Ford, Casting Producer for Paladino Casting. Do you need help resolving family conflicts and evaluating the worth of objects in an Estate? Are you and your relatives disagreeing over a...

Top SSRN Downloads

Posted on August 22, 2010
Here are the top downloads from June 22, 2010 to August 21, 2010 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 366 2009 Developments...

New York City is Sold Out of Cemetery Space

Posted on August 21, 2010
We all know that living in New York City is expensive, but recently dying in New York City is becoming prohibitively expensive as well. Due to a lack of graveyard space, virtually no money can secure a final resting place...

Newcomb College Case to be Reargued in September

Posted on August 21, 2010
I previously summarized a lawsuit seeking to force Tulane University to resurrect Newcomb College in accordance with the terms of a gift to Tulane. District Judge Ledet sided with Tulane and the plaintiff appealed. In late July, the Fourth Court...

O'Quinn Cars Sell for $5 Million

Posted on August 20, 2010
I previously blogged about a Harris County judge denying Darla Lexington?s attempts to stop the sale of John O?Quinn?s cars. Last weekend, the five vintage cars were sold for $5.5 million in California. This money will go towards paying off...

Texas Tech University School of Law Seeks Professors

Posted on August 20, 2010
The Texas Tech University School of Law is seeking to fill two tenure-track positions for the 2011-12 academic year, and seeks applications from exceptional individuals interested in joining our faculty. The curricular needs for the first position include Commercial Law...

CLE on Beneficiary Designations

Posted on August 20, 2010
The National Business Institute is sponsoring a 90-minute teleconference on September 14 entitled Beneficiary Designations: A Hidden Trap. The program information is below: Designating beneficiaries for assets such as life insurance policies and retirement accounts is a foolproof plan for...

Ultra Wealthy Families Need to Educate Children About Finances

Posted on August 19, 2010
Educating younger family members about finances should be taken more seriously because it helps high-net-worth families control their money through successive generations. Anne Shumadine, a financial management professional, says that childrens? attitudes and beliefs about money are formed by the...

Estate Tax Won't be Settled Anytime Soon

Posted on August 19, 2010
As Congress nears its summer recess, it appears that legislators won?t make progress on the estate tax until September, or possibly even November after the midterm election. Senators Lincoln and Kyl had hoped to attach their estate tax provision to...

Psychology and Retirement Planning

Posted on August 19, 2010
Greg Salsbury, Ph.D. recently published his book entitled Retirementology: Rethinking the American Dream In a New Economy (FT Press, April 2010). A description is below: Looking ahead to retirement? Depending on your circumstances and your age, you may no longer...

CLE on Trusts

Posted on August 19, 2010
The National Business Institute is sponsoring a 7-hour video webcast on August 30, 2010 entitled Trusts 101. Program information is below: When assessing complex information it often helps to break items into basic building blocks. The same approach can be...

N.Y. Court Allows Distributions to Two Widows

Posted on August 18, 2010
A summary of In re Estate of Diba, 2010 WL 2696611 (N.Y. Sur. 2010), provided by Bruce S. Johnson (Thomas J. and Mary E. Heck and Leo H. Faust Memorial Designated Professor of Law, Moritz College of Law), is below:...

Protect Marriage Washington's Petitioners Protected

Posted on August 18, 2010
In 2009, Washington enacted a law expanding the rights of state-registered domestic partners. Soon after, Protect Marriage Washington submitted petitions with almost 150,000 signatures calling for a referendum by the Washington voters. Supporters of the challenged law then asked for...

George Steinbrenner's Will

Posted on August 18, 2010
George Steinbrenner?s will, executed on July 5, 2005, was filed in a Tampa probate court. Here are some specifics about his will: An undisclosed portion of his estimated $1.1 billion estate will go into a trust for Joan, his widow...

Aquamation: Alternative to Cremation and Burial

Posted on August 18, 2010
Aquamation is the newest alternative to cremation and burials. A description of aquamation, as provided on its website, is below: Aquamation is a more natural, ethical and environmentally friendly alternative to cremations and burials. It uses water instead of fire...

Correlation Between Capital Gains and Age

Posted on August 17, 2010
Wealth advisors were somewhat surprised when a new study came out showing that capital gains are closely tied to age. Capital gains reported to the IRS rises steadily as age increases. The only exception is that the 45-55 year range...

New Reporting Rules for Offshore Accounts

Posted on August 17, 2010
New tax reporting rules make it more difficult for wealthy taxpayers to hide assets overseas. A taxpayer with more than $10,000 offshore is currently required to file a Report of Foreign Bank and Financial Accounts. In addition, the new rules...

Same-Sex Marriages will NOT Resume on August 18

Posted on August 17, 2010
I recently mentioned that Judge Walker?s stay was going to be lifted on August 18, allowing same-sex marriages to resume at that time. Yesterday, however, a three-judge panel of the United States Court of Appeals for the Ninth Circuit extended...

Taxpayers Win Built-in-Gains Case

Posted on August 17, 2010
A summary of Jensen v. Comm?r, TC Memo 2010-182, provided by Pluris Valuation Advisors LLC, is below: The Tax Court?s decision in Jensen v. Comm?r, just released Tuesday, is a significant win for taxpayers and should be of interest to...

Twitter's Deceased-User Policy

Posted on August 16, 2010
Twitter recently adopted a policy to handle ownership of a deceased user?s account. Twitter requires the following information: Your full name, contact information (including e-mail address), and your relationship to the deceased user. The username of the Twitter account, or...

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