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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

Revocable Living Trusts

Posted on August 16, 2010
Michael B. Nelson (international tax attorney) recently wrote an article entitled Domestic Asset Protection Trusts ?Part4- The RLT, Trustmakers, July 2010. The introduction is below: The Trust term "Revocable" means that the Settlor/Trustor retains the dominion and control over the...

Same-Sex Marriages to Resume in California on August 18

Posted on August 16, 2010
On Thursday, previously-mentioned U.S. District Court Judge Vaughn R. Walker lifted a stay on his ruling overturning Proposition 8. However, the stay won?t be lifted until August 18, allowing time for appeals. On August 18, same-sex marriages may resume unless...

Small Business Owners' Dilemma

Posted on August 16, 2010
Small business owners who want to retire are struggling to sell their businesses because banks won?t lend money to those willing to buy. Sellers may have to find wealthy buyers, finance a large portion of the deal themselves, or hold...

Life Insurance Trust Management

Posted on August 16, 2010
David W. Freeley (President, Financial Architects Partners) and Melvin A. Warshaw (General Counsel, Financial Architects Partners) recently published their article entitled Checking Under the Hood, Private Wealth, July 2010. The introduction is below: Since the collapse of the global markets,...

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Family Biographies

Posted on August 15, 2010
Karen DeMasters recently published her article entitled Now Playing: The Family Legacy, Private Wealth, July 2010. An excerpt from the beginning is below: The documentary begins with sepia- toned family photos fading in and out with the passage of time...

Famous Wills Made Public

Posted on August 15, 2010
More than 6 million early 20th-century wills from England and Wales?s National Probate Calendar have been made public for the first time ever. These documents date from 1861 to 1941 and include wills from some of history's most eminent figures....

Pierre II: Effect on LLCs

Posted on August 14, 2010
Karyn Bybee Friske and Darlene Pulliam (both professors of accounting, West Texas A&M) recently published their article entitled Step Transaction Doctrine Collapses LLC Interest Gifts, Journal of Accountancy, Aug. 2010. An excerpt from the beginning is below: In a second...

40 Billionaires Pledge Half Their Wealth to Charity

Posted on August 14, 2010
I previously blogged about Warren Buffet's and Bill Gates' campaign called "The Giving Pledge." At that time, they had four billionaires pledge to give away half of their fortune upon their death. Now there are 40. Here's the list: Paul...

Your Asset Protection May be Ineffective

Posted on August 13, 2010
There are many variables that affect the usefulness of asset protection planning, and you may not be fully protected. For example, if you used an attorney who is not a specialist to draft your partnership agreement, you probably won?t get...

Using Trusts to Protect Retirement Account Assets

Posted on August 13, 2010
Many parents who leave retirement accounts to their children want to control how quickly their children run through the money. The three big concerns are contentious marriages, lawsuit-prone careers, and children with spendthrift ways. Due to uncertainty regarding creditor protection...

Benefits of Having a Will

Posted on August 13, 2010
There are many reasons why you should draft a will, including: You can ensure that your assets go to the beneficiaries you desire rather than depending on a court to decide for you. The existence of a will speeds up...

Nazi Art Looting Case Settled

Posted on August 13, 2010
Rudolf Leopold was dedicated and ruthless in building his art collection, unbothered by the fact that some of his paintings may have been acquired by Nazi looting. Two of his paintings in particular were involved in litigation with Holocaust survivors...

Johnny Carson's Massive Charitable Bequest

Posted on August 12, 2010
The John W. Carson Foundation tax return disclosed that it received $156 million this year from the John W. Carson Trust, which was created by Johnny Carson years prior to his death. This massive bequest has made the Carson foundation...

Ansel Adams' Estate Argues Over Photos

Posted on August 12, 2010
Rick Norsigian bought some glass-plate negatives at a garage sale ten years ago. He has begun selling prints of the photographs as authentic Ansel Adams images for as much as $7,500 a print. If the negatives are Adams? work, the...

Judge Upholds Astor Convictions

Posted on August 12, 2010
Anthony Marshall, Brooke Astor?s son, and lawyer Francis Morrissey asked a judge to throw out their convictions because of a confrontation between jurors. On the ninth day of deliberations, one juror yelled at a holdout juror, scaring her. Justice Bartley...

Family Offices Unsure About Changes

Posted on August 12, 2010
Rashad Wareh (attorney, Washington D.C. and New York, NY) recently published his article entitled Financial Reform Knocks on The Family Office Door, Trusts & Estates, Aug. 2010. An excerpt from the beginning is below: On July 21, 2010, many single...

Elder Care and Estate Dispute TV Pilot Announcement

Posted on August 11, 2010
NOW CASTING ESTATE AND ELDER CARE ATTORNEYS FOR FAMILY ESTATE DISPUTE SHOW Are you an attorney that has worked with elder care and family estates? Did you have clients that have argued over a loved one's Will? Do you know...

California Judge Rejects Same-Sex Marriage Ban

Posted on August 11, 2010
A federal judge in California struck down Proposition 8, the voter-approved ban on same-sex marriage. Judge Walker said that banning same-sex marriages is not rationally related to a legitimate state interest and that it unfairly discriminates against gay men and...

Top SSRN Downloads

Posted on August 11, 2010
Here are the top downloads from June 11, 2010 to August 10, 2010 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 356 2009 Developments...

Don't Put Your Estate Planning on Hold

Posted on August 11, 2010
Rob forced his wife Eileen to go with him to get their estate planning done. Shortly thereafter, Rob was diagnosed with a terminal illness. Rob asked his brother to write about him after he died, informing people that they shouldn?t...

Lesser-Known Trusts, Part 1

Posted on August 11, 2010
Wendy S. Goffe (attorney, Seattle WA) recently published her article entitled Part 1: An Introduction to Lesser Known but Useful Trusts, Wealth Strategies Journal. This is the first in a six-part series that will be published weekly, now through September...

Nevada's Oldest Trust Company Throws in the Towel

Posted on August 10, 2010
Nevada?s oldest trust company decided to allow its state trust charter to expire after 107 years in the trust business. Now known as Nevada Agency and Transfer, the company is not pursuing a charter from any other state or federal...

Judge Allows the Sale of the O'Quinn Cars

Posted on August 10, 2010
Darla Lexington?s previously-mentioned effort to prevent the sale of 5 cars owned by the O?Quinn estate failed when Judge Mike Wood ruled in favor of the executor, giving a green light for this weekend?s auction. Lexington is "taking it hard,"...

FuneralResources Chooses Entrustet for Digital Estate Planning

Posted on August 10, 2010
I previously blogged about Entrustet and its digital estate planning services. Through Entrustet, you can list all of your digital assets and specify whether you want them deleted or transferred to heirs upon your death. FuneralResources.com, the leading family-focused online...

Online Financial Planning

Posted on August 10, 2010
Just as online companies attempt to eliminate lawyers from estate planning, other companies are attempting to take financial planners out of financial planning. With these programs, clients enter their financial information into a secure website. Advanced software generates a comprehensive...

Student Loans Not Forgiven Upon Student's Death

Posted on August 09, 2010
After completing three years towards his degree, Christopher Bryski died in July 2006. He left behind federal student loans, private student loans, and two small credit card bills. Upon receiving a death certificate, the federal student loans and the credit...

Research CCRCs Before Including Them in Your Estate Plan

Posted on August 09, 2010
If you?re considering a continuing-care retirement community (CCRC) when planning for retirement and possible disability/incapacity, you need to thoroughly research your options. You should treat your quest for a CCRC as a major investment, and be aware that many CCRCs...

The Elderly and Their Pets

Posted on August 09, 2010
Living with pets can be hazardous for elderly individuals. Walking them can be dangerous, and many animals pose a tripping risk. What can you do to protect your elderly loved ones from this danger? Suggest a home care worker tag...

Stricter Regulation of Trust Companies

Posted on August 09, 2010
Obama?s financial reform bill is folding the Office of Thrift Supervision (OTS) into the Office of the Comptroller of the Currency (OCC) starting next summer. At this time, the OCC will take over supervision of 745 trust companies, thrift-structured lenders,...

Resurrecting a Long Island Country Estate

Posted on August 08, 2010
Louis Comfort Tiffany?s Long Island country estate, Laurelton Hall, burned down in 1957. The McKeans, collectors from Florida, were able to take away pieces of the 84-room house. This year, the McKeans? museum, the Charles Hosmer Morse Museum of American...

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