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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

Should probate court records be secret?

Posted on March 23, 2009
Frank S. Ganz (J.D. 2009, Quinnipiac University School of Law) has recently published his note entitled Privacy in Probate Court: Why Connecticut Should Seal the Record, 22 Quinnipiac Prob. L.J. 136 (2009). Here is the conclusion of his article: The....

Importance of reviewing your will

Posted on March 23, 2009
Although wills of individuals with large estates need to be reviewed in light of the possible changes to the federal estate tax, all wills should be reviewed on a regular basis as explained in Paul Sullivan, Smaller Though It May...

Modern Family CLE

Posted on March 22, 2009
The State Bar of Texas is sponsoring a live webcast on March 26, 2009 entitled Estate Planning Strategies for Same Sex and UnMarried Couples: Leave it to Beaver Meets Will and Grace: Traditional Estate Planning Tools Morph for New Planning...

Could you live on $53,000 per week?

Posted on March 22, 2009
Marie Douglas-David (36) is in the process of divorcing her husband, George David (67). Marie claims that she needs $53,000 per week to cover her expenses. In the divorce action, she wants the court to award her $100 million plus...

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Where have all the graves gone?

Posted on March 21, 2009
The following excerpts are from Brian Farkas, As W.Va. coal companies expand, graves go missing, Yahoo!News, March 9, 2009: [Problems are coming to light in] West Virginia as small family cemeteries and unmarked graves get in the way of mining,...

Live4you.org charged with wire fraud

Posted on March 21, 2009
Liver4you.org provides on its website as follows: Living donor kidney transplant is done in two medical centers located in the Philippines. These centers operate in full compliance with the Philippine Ministry of Health and meet all international standards applicable worldwide...

Planning for Digital Estates -- Updated Company List

Posted on March 20, 2009
Earlier on this blog, I discussed the importance of planning for a client's on-line matters such as passwords, e-mail accounts, Facebook pages, etc. and posted a list of companies which offer helpful services. Here is an updated list in alphabetical....

Advising victims of Madoff fraud CLE

Posted on March 20, 2009
ABA Section of Taxation and the Section of Real Property, Trust and Estate Law are co-sponsoring a teleconference and life audio webcast on March 26, 2009 entitled Tax Issues of the Madoff Scandal: Advising Victims of Investment Fraud. Here is...

Planning for Digital Estates -- Company List

Posted on March 20, 2009
Earlier on this blog, I discussed the importance of planning for a client's on-line matters such as passwords, e-mail accounts, Facebook pages, etc. I am now being contacted by representatives of these companies and others regarding their services. Below is...

Happy First Day of Spring

Posted on March 20, 2009
Happy First Day of Spring!!

Tortious interference with expectation of inheritance

Posted on March 19, 2009
Diane J. Klein (Visiting Professor of Law, UCLA School of Law and Associate Professor of Law, University of LaVerne College of Law) has recently published her article entitled River Deep, Mountain High, Heir Disappointed: Tortious Interference with Expectation of Inheritance--A...

Madoff was executor of large estate

Posted on March 19, 2009
According to Mark Seal, Madoff?s World, Vanity Fair, April 2009: Once, after [Norman F.] Levy?s health began to fail, Madoff arranged for a helicopter to transport him for medical treatment. And when Levy died, in 2005, at 93, Madoff delivered...

Spring AALS Trusts & Estates Newsletter -- Call for Updates

Posted on March 19, 2009
Prof. Laura Rosenbury, Washington University School of Law, is compiling information for the spring newsletter of the AALS Section on Trusts and Estates. Please email her with news of your or your colleagues? accomplishments, publications, career moves, service, and other...

Suicide and Gifts Causa Mortis

Posted on March 19, 2009
Adam MacLeod (Associate Professor of Law, Faulkner University, Jones School of Law) has recently published his article entitled A Gift Worth Dying For? Debating the Volitional Nature of Suicide in the Law of Personal Property, 45 Idaho L. Rev. 93...

Ex-wife can keep deceased ex-husband's retirement plan proceeds

Posted on March 18, 2009
The United States Supreme Court recently decided Kennedy v. Plan Adm?r for DuPont Sav. and Inv. Plan, 129 S. Ct. 865 (2009). Here is an excerpt from the syllabus of this unanimous opinion authored by Justice Souter: The Employee Retirement...

Faking death to collect life insurance proceeds

Posted on March 18, 2009
In an attempt to dig out of financial misfortune (or to obtain financial fortune), some people will fake their own deaths to collect life insurance proceeds. To see how some of these plans failed, see I Killed Myself: True Stories...

More on planning for digital estates

Posted on March 18, 2009
Earlier on this blog, I discussed the importance of planning for a client's on-line matters such as passwords, e-mail accounts, Facebook pages, etc. Some people are also finding it important to plan for the demise of their on-line game identities...

Britney Spears' conservatorship -- update

Posted on March 17, 2009
The attorneys for pop singer Britney Spears believe that her conservatorship is too conservative. The following excerpts are from Harriet Ryan, Britney Spears' conservatorship compared to Soviet oppression, LA Times, March 13, 2009: Attorneys for Britney Spears? father [appeared in...

Courtroom foes share kidneys

Posted on March 17, 2009
Two Texas lawyers put aside courtroom differences to share their kidneys. Here are the details from Jessica Cooley, Lawyer gives kidney to fellow Baylor Law School graduate whom he often faced in court, Waco Tribune, March 9, 2009: Scott Skelton,...

Happy St. Patrick's Day!

Posted on March 17, 2009
Happy St. Patricks' Day!!

LatCrit call for papers

Posted on March 17, 2009
The following post is made as a courtesy to Nick Federico (Deans Fellow to Professor Anthony Varona, Professor of Law at the American University, Washington College of Law): The LatCrit XIV Host Committee invites the submission of proposals for panels...

Tortious interference with expectation of inheritance

Posted on March 16, 2009
Diane J. Klein (Visiting Professor of Law, UCLA School of Law and Associate Professor of Law, University of LaVerne College of Law) has recently published her article entitled ?Go West, Disappointed Heir?: Tortious Interference with Expectation of Inheritance?A Survey with...

Top SSRN Downloads

Posted on March 16, 2009
Here are the top downloads from January 15, 2009 to March 16, 2009 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 117 Hurford: FLP...

Dead Man Deportation

Posted on March 16, 2009
Is death a reason to stop a deportation proceeding? Apparently not, even though the dead body has already left the United States. The following is from Anna Gorman, A deportation case against a dead man, LA Times, March 16, 2009:...

Stanford has big tax bill

Posted on March 16, 2009
According to IRS seeks $227 million in back taxes from Stanford, Yahoo!News, March 16, 2009: The U.S. Internal Revenue Service has asked a judge to let it to continue to seek unpaid back taxes from Allen Stanford, the billionaire Texan...

Obama reverses stand -- willing to tax health care benefits as income

Posted on March 15, 2009
While campaigning for President, Senator Barack Obama pledged that he would not tax health care benefits as income. He claimed that such a change in the law would be ?the largest middle-class tax increase in history.? Now that he has...

Supreme Court rejects attempt to accelerate collection of Anne Nicole Smith's judgment

Posted on March 15, 2009
Earlier on this blog, I reported that Anne Nicole Smith's estate wanted to begin collection of the judgment against her husband's estate. To get authority to begin this process, writ had been filed before the United States Supreme Court. The...

The "falling" of the European tax havens

Posted on March 14, 2009
Several countries previously known as tax havens are cutting back on the protection they are willing to offer. The following excerpts are from Lisa Jucca and Boris Groendahl, Tax havens agree to crack open the vault, Yahoo! News, March 13,...

Impact of Howard K. Stern's arrest

Posted on March 14, 2009
On March 12, 2009, Howard K. Stern (Anna Nicole Smith's partner and attorney) and her two doctors (Sandeep Kapoor and Khristine Eroshevich) were charged with 8 felonies which include a variety of drug related offenses including "prescribing, administering or dispensing...

Planning for "Digital Estates"

Posted on March 13, 2009
A new company, Legacy Locker, will provide a service to handle, in a comprehensive manner, a decedent's "digital estate." The company, based in San Francisco, plans to begin service in April 2009. Here are some excerpts from the company's website:...

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