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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

Elder Law CLE

Posted on June 25, 2010
The University of Texas School of Law is hosting the 12th annual Estate Planning, Guardianship and Elder Law Conference in Galveston, TX on August 12-13, 2010. The overview of the program is below: The 2010 Estate Planning, Guardianship and Elder...

Responsible Estate Tax Act

Posted on June 25, 2010
Paul L. Caron posted a blog on the TaxProf Blog on June 24, 2010 entitled Responsible Estate Tax Act Includes $3.5m Exemption, 55% Top Rate & 10% Billionaire's Surtax. The blog summarizes the Responsible Estate Tax Act (RETA) and is...

Houston Litigator is Suing Nursing Homes

Posted on June 24, 2010
Marian Rosen, a well-known Houston litigator, has announced that she intends to file suit against nursing homes that are requiring 3rd party guarantors on nursing home contracts that are required as a prerequisite to homes that accept Medicaid or Medicare...

Slayer Statute in Montana

Posted on June 24, 2010
Peter Arant (Candidate for J.D. 2011, The University of Montana School of Law) recently published his note entitled In re Ests. of Swansons: The Slayer Statute and the Impact of a Guilty Plea on Collateral Estoppel in Montana, 71 Mont....

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CLE on Trust Litigation and Ethics

Posted on June 24, 2010
The ABA Section of Real Property, Trust and Estate Law is sponsoring a teleconference and live audio webcast entitled What to Do When the Client Slips the Lease: Real-World Trust Litigation and Ethics, As You Hope You?ll Never Have to...

Estate Planning for Women

Posted on June 24, 2010
In many cases, estate planning is more important for women. Of Americans 65 and older, 42% of women are widowed but only 14% of men are widowed. Women typically have a longer life expectancy, a tendency to marry older men,...

Federal Government is Paying Dead People

Posted on June 23, 2010
Over a three-year span, the government sent more than $180 million to departed Americans and $230 million to convicted felons who were ineligible for the payments. The White House estimates that $110 billion was improperly paid out in 2009 (including...

Top 5 Celebrity Estate Battles

Posted on June 23, 2010
John Goff from Investment News put together a list of the top five nastiest celebrity estate battles: Michael Jackson. Jackson set up Michael Jackson Family Trust in order to keep the administration of his estate private. But he forgot to...

The Wealthy Find Ways to Avoid Tax Increases

Posted on June 23, 2010
Supply-sider Arthur Laffer says that Obama?s upcoming tax increases are encouraging the wealthy to front-load their income to 2010, which will cause the economy to collapse in 2011. Only the very wealthy with a large source of income from capital...

Healthcare Bill Imposes New Taxes

Posted on June 23, 2010
The healthcare bill passed by Congress in March contained two interesting tax provisions to help pay for the bill. First, it adds an extra 0.9% levy on wages for singles earning over $200,000 and couples earning over $250,000. Second, it...

Leaving Behind a Will with a Soul

Posted on June 22, 2010
Daphna Hacker (Professor of Law, Tel Aviv University School of Law) recently published her article entitled Soulless Wills, Law & Social Inquiry, Forthcoming. The abstract available on SSRN is below: By analyzing wills submitted for execution to Israeli tribunals in...

Donor's Executor Lacks Standing Under Statutes or Common Law

Posted on June 22, 2010
A summary of Hardt v. Vitae Foundation, Inc. is below: The decedent?s will gave her executors discretion to distribute her residuary estate to a charitable organization of their choosing. The executors delivered more than $8,000,000 to the selected charity under...

Carr Has Proof of Caregivers' Improper Influence

Posted on June 22, 2010
As I previously blogged, Gail Posner left millions to her dogs and caretakers while her son, Brett Carr, got much less. Carr is trying to get his mother?s documents thrown out, alleging that the caregivers brainwashed her into signing it....

Warren and Gates Ask Billionaires to Give Away Money

Posted on June 22, 2010
Warren Buffett and Bill Gates have started a campaign called the ?Giving Pledge? and are asking billionaires to pledge to give away at least half of their fortune either during their lifetime or after their death. So far, four billionaires...

House Passed H.R. 5486

Posted on June 21, 2010
I previously posted that Representative Sander Levin introduced H.R. 5486 which would put limitations on GRATs. On June 15, the House passed H.R. 5486, and the roll call for the bill is below: These numbers are very similar to the...

Estate Tax Mayhem

Posted on June 21, 2010
The estate tax mess has created frustration and confusion among the wealthy, sending herds of people to attorneys with questions and the desire to amend documents. Although attorneys appreciate the business, they too are frustrated and even overwhelmed...

New York Finds Privity Between Estate and Estate Planning Attorney

Posted on June 21, 2010
The New York Court of Appeals decided unanimously that privity exists between an estate and an estate planning attorney, allowing the personal representative of an estate to bring a legal malpractice claim against an attorney for negligently planning the estate...

Ludwick v. Commissioner: Loss for the Taxpayer

Posted on June 21, 2010
Ori Bash (attorney, Palo Alto, CA) recently published his article entitled Far-Reaching IRS Victory in Ludwick, Wealth Strategies J., June 16, 2010. The introduction is below: In Ludwick v. Comm'r, TC Memo 2010-104, the Service struck a major blow for...

Update on Gary Coleman's Estate

Posted on June 20, 2010
Two more documents have recently surfaced in the argument over Gary Coleman?s estate: Health care power of attorney. Coleman?s health care power of attorney stated that he wanted his ?life to be prolonged as long as possible within the limits...

Top SSRN Downloads

Posted on June 20, 2010
Here are the top downloads from April 20, 2010 to June 19, 2010 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 460 The Generation-Skipping...

Chihuahua at the Center of a Fight Over Heiress's Will

Posted on June 19, 2010
When heiress Gail Posner died in March, her only living child, Bret Carr, learned about an unusual amendment she made to her trust in 2008. The pertinent part of the amended article ?FOURTEENTH? reads: A. If the Settlor has any...

Alaska Allows Pre-Validation of Wills

Posted on June 19, 2010
Alaska recently joined the few states that allow pre-mortem probate of wills. Those in fear of a will contest can now prove their will in probate before their death, rather than allowing the process to occur after their death. The...

Execution of a Codicil After a Beneficiary's Death Does Not Create an Ambiguity

Posted on June 18, 2010
A summary of Keck v. Walker, 922 N.E.2d 94 (Ind. Ct. App. 2010) is below: The testator executed two codicils, both of which changed the disposition of her residuary estate but included as one of the residuary beneficiaries a person...

American Law Institute Advises Against Perpetual Trusts

Posted on June 18, 2010
Lawrence M. Waggoner (Lewis M. Simes Professor of Law, University of Michigan Law School) recently published his article entitled Curtailing Dead-Hand Control: The American Law Institute Declares the Perpetual-Trust Movement Ill Advised,U. Mich. Pub. L...

More on Teenagers Drafting Wills

Posted on June 18, 2010
As 18-year-olds head off to college, the last thing they?re thinking about is drafting a will. Peter Bielagus, a former financial adviser who speaks to young people about managing their money, tells his listeners to draft a will because it...

Tips for Shopping for Out-of-State Trusts

Posted on June 18, 2010
States are modifying their trust laws to attract wealthy families? trusts to their states. While the competition for business ultimately helps consumers, it can be hard sometimes to separate hype from fact. If you?re contemplating establishing a trust, here are...

Extension of the IRA Charitable Rollover

Posted on June 17, 2010
The House of Representatives approved the American Jobs and Closing Tax Loopholes Act of 2010, or H.R. 4213, on May 28. H.R. 4213 extends the IRA charitable rollover, allowing individuals 70.5 or older to make gifts up to $100,000 per...

Guidance on Section 877A

Posted on June 17, 2010
Michael A. Spielman (attorney, Cleveland, OH) recently published his article entitled Service Issues Guidance on Section 877A Exit Tax, 29 News Quarterly 11 (Winter 2010). The abstract available on SSRN is below: In June 2008, a new expatriation provision, section...

18-Year-Olds Preparing Wills

Posted on June 17, 2010
While most 18-year-olds don?t think about preparing wills, young military personnel regularly execute them with the help of the U.S. Navy Judge Advocate General?s Corp. Lt. Janelle Kuroda drafts wills mostly for active service members, ranging from age 17 to...

Creditors Cannot Apply a Constructive Trust on Life Insurance Proceeds

Posted on June 17, 2010
A summary of Carts & Parts, Inc. v. Rosales, 225 P.3d 1 (Okla. Civ. App. 2009) is below: A creditor of a deceased spouse sought to impose a constructive trust on the proceeds of insurance policies on the decedent?s life...

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