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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

Palumbo Family Feud Over Money

Posted on July 30, 2010
Lord Palumbo of Walbrook has been arguing with his children about money for a quarter of a century. In the last courtroom brawl fifteen years ago, Palumbo?s three children from his first marriage claimed that Palumbo had improperly spent money...

Planning for Your Funeral

Posted on July 29, 2010
Although one of the best gifts you can give your family is properly preparing them for your death, less than 30% of Americans have some form of estate plan. Properly planning for your funeral can allow your family time to...

Tax Increases in 2011

Posted on July 29, 2010
Nancy Pelosi is making history by preventing discussion on the floor of Congress about a 2011 budget. Perhaps she fears that the public will retaliate in November elections if it finds out just how onerous the 2011 tax hikes are...

Tax and Trust & Estate Sections of the ABA Joint CLE

Posted on July 29, 2010
The ABA Section of Taxation and the Section of Real Property, Trust & Estate Law are sponsoring the 2010 Joint Fall CLE Meeting in Toronto, Ontario on September 23-25. Some information is below: Toronto, ON welcomes the ABA Section of...

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Death Tax Affects Death Rates

Posted on July 29, 2010
I previously blogged about the lack of an estate tax in 2010 giving wealthy elderly individuals an incentive to die before the end of the year. Australian academics conducted a study entitled Did the Death of Australian Inheritance Taxes Affect...

More on Bobby Fischer's Estate

Posted on July 28, 2010
I previously blogged about the exhumation of Bobby Fischer?s body to determine whether or not he is the father of Jinky Young. While we still don?t know the results of the paternity test, we do know the possible distributions of...

Increase in Taxes May Increase Charitable Donations

Posted on July 28, 2010
I previously blogged about the increasing popularity of gift-giving this year. Charitable contributions are also expected to increase as peoples? taxes rise over the next 18 months. Eighty-seven percent of advisors think that their clients will see a tax spike...

Concord Places First Among Overlay Providers

Posted on July 28, 2010
Independent trust companies are now relying on overlay management software more than ever for enhanced performance and fewer mistakes in their investment process. With overlay systems, assets are not delegated to outside managers to invest but are instead managed in-house...

Protecting Elders in Alaska

Posted on July 28, 2010
Kim Vu-Dinh recently published her article entitled Reforming the Power of Attorney Law to Protect Alaskan Elders from Financial Exploitation, 27 Alaska L. Rev. 1 (2010). The abstract for her article is below: In this Article, the Author discusses the...

Kafka's Writings Tied Up In Court

Posted on July 27, 2010
Ten safety deposit boxes full of never-published Franz Kafka writings are trapped in an Israeli court. These papers could potentially shed light on the mysterious author. Here?s how the papers ended up where they are today: Kafka bequeathed his writings...

Ruling Regarding QTIPs

Posted on July 27, 2010
Wendy C. Gerzog (Professor of Law, University of Baltimore School of Law) recently published her article entitled Morgens: More QTIP Mischief, Tax Notes, Vol. 128, No. 3, 2010. The abstract available on SSRN is below: In Morgens, the court ruled...

Trinity Law School is Looking for a Wills and Trusts Professor

Posted on July 27, 2010
Trinity Law School in Santa Ana, California is looking for an Adjunct Professor to teach Wills and Trusts. For inquiries, please contact Arthur J. Pauly, Jr. at artpauly@paulylaw.com.

Counties are Burdened by Those Who Die Intestate

Posted on July 27, 2010
Henry was one of seven horses that fell under the care of Marin County when their owner died intestate. Although Marin County found homes for these horses, the bigger issue of adults dying intestate is an expensive problem for the...

Domestic Asset Protection Trusts

Posted on July 26, 2010
Hiding money offshore from the IRS can subject you to penalties, back tax bills, and possibly prosecution. Domestic asset protection trusts, such as the ones offered in New Hampshire, Tennessee, Wyoming, South Dakota, Missouri, Oklahoma, Utah, Nevada, Rhode Island, Alaska,...

Texas 128A Notice Requirements

Posted on July 26, 2010
Catherine S. Curtis recently published her article entitled 128A Notice Requirements: Adding to the Burden or Preventing Fraud for the Texas Probate System?, 16 Tex. Wesleyan L. Rev. 437 (2010). An excerpt from the introduction is below: This Comment will...

Elder Law Call for Papers

Posted on July 26, 2010
Information about a call for papers issued by Emory University School of Law is below:Aging is a feminist issue. The elderly, especially the oldest of the old, are disproportionately female. Among the elderly, women are more likely than their male...

Billionaires Lobby for Reinstatement of Estate Tax

Posted on July 26, 2010
While many wealthy people lobby for the permanent repeal of the estate and gift taxes, other wealthy individuals lobby for the exact opposite. Hedge fund billionaire Julian Robertson, Disney heiress Abigail Disney, and former Treasury Secretary Robert Rubin joined in...

Abuse of the Wealthy Elderly Individuals

Posted on July 25, 2010
Joseph A. Rosenberg (Professor of Law, CUNY School of Law) recently published his article entitled Regrettably Unfair: Brooke Astor and the Other Elderly in New York, 30 Pace L. Rev. 1004 (2010). An excerpt from the introduction is below: Through...

CLE on Helping Personal Representatives

Posted on July 25, 2010
The National Business Institute is sponsoring a 90-minute national teleconference entitled Educating and Working With Personal Representatives in Estate Administration on Sept. 14, 2010. The program description is below: Dealing with the estate of a deceased person is an intricate...

Marrying Into Financial Abuse

Posted on July 24, 2010
Ashley E. Rathbun (J.D. Candidate 2010, University of San Diego School of Law) recently published her article entitled Marrying Into Financial Abuse: A Solution to Protect the Elderly in California, 47 San Diego L. Rev. 227 (2010). An excerpt from...

Top SSRN Downloads

Posted on July 24, 2010
Here are the top downloads from May 24, 2010 to July 23, 2010 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 328 2009 Developments...

Inheritance Planning in Asian Countries

Posted on July 24, 2010
As the first generation of wealthy Asians begin to pass away, their children are frequently ending up in estate battles because of a lack of estate planning. In the past, the children avoided talking to their parents about death because...

Trust Service Prices

Posted on July 23, 2010
The Trust Advisor Blog conducted its trust industry survey for the second quarter of 2010. It found that some trust companies are offering too many things, lowering their profit margins and making it impossible for the companies to survive long-term....

Alternative to Advance Directive Gaining Popularity

Posted on July 23, 2010
An alternative to an advance directive has emerged in recent years and is being developed in 32 states. The Physician Orders for Life-Sustaining Treatment (POLST) is a standardized medical order form that gives explicit instructions for making decisions about an...

Possible 2010 ILIT Issue

Posted on July 23, 2010
As we all know, the estate and GST taxes will return in 2011. One of the most efficient ways to avoid these taxes is to use an irrevocable life insurance trust (ILIT). Here?s how an ILIT works: Taxpayer gifts money...

Dedicated Maid Inherits Millions From Boss in Singapore

Posted on July 23, 2010
A devoted Filipina maid worked for Dr. Quek Kai Miew for over 20 years. The two grew very close, and when the doctor passed away last year, she left the maid six million Singapore dollars. ?Christine,? the pseudonym that the...

Connecticut Estate and Probate Law Developments

Posted on July 22, 2010
John R. Ivimey (attorney, Woodbury, CT) and Jeffrey A. Cooper (Associate Professor of Law, Quinnipiac University School of Law) recently published their article entitled 2009 Developments in Connecticut Estate and Probate Law, 84 Conn. Bar J. -- (2010)...

Training Firms to Implement Client Maintenance Programs

Posted on July 22, 2010
I previously blogged about the increasing popularity of client maintenance programs. Since then, Massachusetts attorney Vincent E. Bonazzoli contacted ElderLawAnswers regarding such programs. Bonazzoli?s own firm experienced great success from its client maintenance program, so he began an academy to...

Colorado Updates Its Living Will Statute

Posted on July 22, 2010
On May 12, 2010, the Colorado legislature updated its living will statute, H.B. 1025, 67th Gen. Assem., 2nd Reg. Sess. (Co. 2010). This bill, which is to take effect on August 11, 2010, is summarized below: Hospice and Palliative Care...

CLE by the American Institute of Certified Public Accountants

Posted on July 22, 2010
The American Institute of Certified Public Accountants is sponsoring program entitled AICPA Advanced Estate Planning Conference on July 26-28, 2010. Topics to be covered include: Foreign Account Tax & Reporting Requirements under the Hiring Incentives to Restore Employment Act Estate...

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