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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

Meeting with an Estate Planner

Posted on March 07, 2011
Joel Stein recently wrote a humorous piece for the March 7th issue of TIME entitled I Can?t Take it with Me. The piece discusses the author's experience in meeting with an estate planning attorney, and demonstrates how clients think when...

Estate Planning Future Looks Bright

Posted on March 07, 2011
William A. Conway (Attorney at Law, McLean, VA) recently published his article entitled The Outlook for Estate Planning Practitioners: Data from WealthCounsel?s Annual Survey Indicates the Industry is Poised for Growth, Wealth Strategies Journal, Jan...

States Benefit from Unclaimed Life Insurance Benefits

Posted on March 07, 2011
Hundreds of millions of dollars in life insurance benefits go unclaimed each year because beneficiaries don?t know it exists. The money is eventually transferred to state unclaimed property divisions that profit from the money in the meantime. Since 2000, New...

Slave Cemetery in Georgia Forest Home to 'Invisible Dead'

Posted on March 06, 2011
Duncan Shropshire brought his 8-year-old daughter, Mia-Grace, into the Northwest Georgia forest to share their family history with her. They came upon a large clearing with rows of fist-sized rocks bulging out of the ground to mark graves. Their slave...

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Ten Bargain Retirement Locations

Posted on March 06, 2011
Declining home values can devastate homeowners but create bargains for retirees looking for homes in new areas. Ten places where the average home prices are falling fast are listed below: Portland, OR Average home sale price in 2010: $270,418 Average...

State Taxes and Trusts

Posted on March 05, 2011
Martin M. Shenkman (Attorney at Law, Tenafly, NJ) recently published his article entitled Trusts: Situs, Star Wars, and State Taxation, Wealth Strategies Journal, Feb. 22, 2011. The summary is below: All you Wookies hear about is estate tax repeal. Be...

Sisters Released from Prison too Overweight for Transplant

Posted on March 05, 2011
I previously blogged about Gov. Haley Barbour releasing two sisters from prison on the condition that one donate her kidney to the other. However, they are too overweight for the transplant. They must lose 160 pounds between the two of...

Obama's Withdrawal of Support for DOMA is Hopeful News for Widow Seeking Estate Tax Refund

Posted on March 04, 2011
I recently blogged about President Obama withdrawing his support of DOMA. Edith Windsor, the surviving spouse of a lesbian couple, hopes that this change will help her win her battle for reimbursement for the estate taxes she paid on her...

Bankruptcy Homestead Exemption

Posted on March 04, 2011
Justin Pratt (2011 J.D. Candidate, Texas Tech University School of Law) recently published his comment entitled The Inequitable Situation: A Look at the Bankruptcy Homestead Exemption After Five Years of Judicial Interpretation, 3 Est. Plan. & Community Prop...

Britney Spears' Conservatorship Has Served Her Estate Well

Posted on March 04, 2011
In December 2008, when conservators took over Britney Spears? estate, she had assets amounting to $2.8 million. In December 2009, the conservators controlled $27.5 million?almost a ten-fold increase from 2008. Most of the gains came from Britney?s Circus Tour...

Doctrine of Probable Intent Does Not Apply in Intestacy

Posted on March 04, 2011
Mother died intestate although she had begun to plan her estate to create supplemental needs trusts for two her daughters who receive both SSI and Medicaid. On motion by the administrator, the trial court used the doctrine of probable intent...

Attorney Owes No Duty to Potential Beneficiary

Posted on March 03, 2011
After discussing her estate plan with his ward, the conservator decided to file a petition for substituted judgment under California law and obtain court approval for an estate plan for his ward of which he would be a beneficiary. The...

Please Vote for the Wills, Trusts, & Estates Prof Blog!

Posted on March 03, 2011
The Wills, Trusts, & Estates Prof Blog has been nominated for the LexisNexis Top 25 Estate, Probate, and Elder Law Blogs of 2011! To support the Wills, Trusts, & Estates Prof Blog in this competition, click here to post a...

Supreme Court Rules for Protesters at Military Funerals

Posted on March 03, 2011
Members of the Westboro Baptist Church of Topeka, Kansas appeared at Lance Cpl. Matthew A. Snyder's funeral with signs saying "Thank God for Dead Soliders" and "God Hates Fags," causing great pain to Snyder's family and friends. Snyder's father sued....

2010 Transfer Tax Changes

Posted on March 03, 2011
George D. Karibjanian (Attorney at Law, Boca Raton, FL) recently published his article entitled 2010 Transfer Tax Changes ? Actual Reform or Repairing a Leaky Dike with a Band-Aid, Wealth Strategies Journal (Jan. 2011). The introduction is below: The last...

Signs of a Recovering Economy

Posted on March 02, 2011
In order to determine where the economy is headed, you can bury yourself in economists? models and spreadsheets, or you can just look at underwear sales. Sales of some products and services are indicative of a recovering economy, including the...

Accurate State Estate Taxes

Posted on March 02, 2011
Ronald D. Aucutt (Attorney at Law, McLean, VA) recently published his outline entitled Estate Tax Changes Past, Present and Future, Feb. 3, 2011. It has recently been brought to my attention that some articles calculating state estate taxes may be...

Thief Steals Keys from Valet Box, Drives Off With Cremation Ashes

Posted on March 02, 2011
Michael Doane?s father died in a car accident and was cremated. Michael was eating at Murphy?s Restaurant in Atlanta?s Virginia Highland area when a thief stole his keys from the valet box, driving off with Michael?s car and his father?s...

Blanket Assignment of Property to Lifetime Revocable Trust is Valid

Posted on March 02, 2011
In its opinion in Ladd v. Ladd, 323 S.W.3d 772 (Ky. Ct. App. 2010), the Kentucky intermediate appellate court applied the traditional rule governing funding of lifetime trusts which states that a declaration of trust by the settlor is sufficient...

Effects of Asset Protection Through Trusts

Posted on March 01, 2011
Kent D. Schenkel (Associate Professor of Law, New England Law) recently published his article entitled Exposing the Hocus Pocus of Trusts, Working Paper Series (Feb. 2011). The abstract available on SSRN is below: A trust beneficiary may receive substantial benefits...

Memorial Websites Fight Mean-Spirited Comments

Posted on March 01, 2011
Karla O?Malley tried to comfort a boy injured in a car crash on Christmas Eve in Kansas. When he died, she visited a memorial website for him and was horrified to find a comment by someone who wished the boy...

George Washington's Will Predicted a Biracial Society

Posted on March 01, 2011
Although George Washington was opposed to slavery on paper, he saw them as a necessity to being a successful landowner. He left instructions in his will that all of his 124 slaves be freed after his wife died. He also...

Special Estate Planning Issues for the Twice Married

Posted on March 01, 2011
Couples in their second marriage have unique issues to consider when devising their estate plan. The first situation to consider is how money will be divided if both spouses die at the same time. One option is for each parent...

How Would You Plan the Estate of a Man with 39 Wives?

Posted on February 28, 2011
Sixty-six-year-old Ziona Chana lives in a four-story building in India with his 39 wives, 94 children, and 33 grandchildren. The family consumes 200 pounds of rice and 130 pounds of potatoes each day. The women cook, clean, and wash while...

Texas court prevents trustee from proceeding pro se in representative capacity

Posted on February 28, 2011
In In re Guetersloh, 326 S.W.3d 737 (Tex. App.?Amarillo 2010, no pet. h.), Trustee attempted to represent himself pro se, that is, without an attorney, in both his capacity as a trustee and in his individual capacity. The appellate court...

Planning for Chronic Illnesses

Posted on February 28, 2011
Martin M. Shenkman (Attorney at Law, Paramus, NJ) and Joshua S. Rubenstein (Attorney at Law, New York, NY) recently published their article entitled Chronic Illness Practical Planning and Drafting, Part 1, 25 Prob. & Prop. 36 (Jan./Feb. 2011). The introduction...

Same-Sex Couples Receive a Tax Break in 2010 in Three States

Posted on February 28, 2011
Same-sex couples in California, Nevada, and Washington could save money on their federal income taxes this year due to unusual interactions between federal and state laws. These three states recognize domestic partnerships and apply community property laws to registered domestic...

Reverse mortgages analyzed

Posted on February 27, 2011
In Reverse Mortgages: Know the Traps, Consumer Reports, March 2011, at 14, the authors provide a concise and useful discussion of the pros and cons of the following types of reverse mortgages: fixed-rate reverse mortgages adjustable rate loans reverse home...

Business Succession Planning and the New Gift Tax Exemption

Posted on February 27, 2011
Clients with businesses who want to take advantage of the new gift tax exemption should start planning now. Owners who would like to pass on the business but also need to use it as a form of retirement income have...

South Carolina seeks Wills & Trusts Visitor

Posted on February 26, 2011
The University of South Carolina School of Law is seeking a Wills, Trusts, and Estates visitor for Fall 2011. Interested individuals should contact Associate Dean Rob Wilcox.

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