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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

Who would get Heath Ledger's Oscar?

Posted on February 19, 2009
Australian actor Heath Ledger died on January 22, 2008 in New York City from an accidental drug overdose. Heath was well-known for starring in the movie Brokeback Mountain and for the role of "The Joker" in the Batman movie, The...

Survey for Trusts and Estates Law Professors

Posted on February 19, 2009
Thomas P. Gallanis (Associate Dean for Research and Faculty Development, Julius E. Davis Professor of Law 2008-09, University of Minnesota Law School) is collecting data on what topics are covered in the basic Trusts & Estates course. He has prepared...

Fight rages over Geronimo's remains

Posted on February 18, 2009
Here are the details of the lawsuit over the remains of Geronimo based on Nora Caplan-Bricker, Apache heirs sue Skull and Bones over remains, Yale Daily News, Feb. 18, 2009: Plaintiffs include twenty of Geronimo's lineal descendants. Defendants include President...

Binding agreement voids revocable trust

Posted on February 18, 2009
A husband and his wife executed mutual wills and an agreement not to change their wills. Prior to executing the wills, the husband transferred substantial property to his wife to equalize their probate estates. Before his death, the husband engaged...

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Lapsed gift distributed as if it were property of deceased legatee

Posted on February 18, 2009
The California anti-lapse statute provides that if a covered ?transferee? dies before the testator, the transferee?s issue take the subject of the gift ?in the manner provided in Section 240? which defines ?representation? as modern per stirpes with the division...

Change of broker does not adeem gift of securities in account.

Posted on February 18, 2009
The decedent?s holographic will bequeathed his brokerage account to his wife making reference to the municipal bonds which were 95% of the value of the account. The decedent then changed brokers and at the time of his death, the same...

The Will-Trust Interface

Posted on February 17, 2009
Alan Newman (Professor of Law, University of Akron School of Law) has recently published his article entitled Revocable Trusts and the Law of Wills: An Imperfect Gift, 43 Real Prop., Tr. & Est. L.J. 523 (2009). Here is a summary...

The Psychology of Wills

Posted on February 17, 2009
Ronald Chester (Professor of Law, New England School of Law) has recently published his article entitled The Psychology of Dead Hand Control, 43 Real Prop., Tr. & Est. L.J. 505 (2009). Here is a summary of his article:This Article discusses...

Unifying wills and nonprobate transfers law

Posted on February 17, 2009
Grayson M.P. McCouch (Professor of Law, University of San Diego School of Law) has recently published his article entitled A Comment on Unification, 43 Real Prop., Tr. & Est. 499 (2009). Here is a summary of his article:This Article discusses...

Another Face Transplant Update

Posted on February 17, 2009
Earlier on this blog, I reported that things were going well for the patient who received the first face transplant performed in the United States. Here is some additional information from Elizabeth Landau, Face transplant patient regains self-confidence, CNN...

Apportionment of the federal estate tax -- Should wills and trusts have unified rules?

Posted on February 16, 2009
Ira Mark Bloom (Justice David Josiah Brewer Distinguished Professor of Law, Albany Law School) has recently published his article entitled Unifying the Rules for Wills and Revocable Trusts in the Federal Estate Tax Apportionment Arena: Suggestions for Reform, 43 Real...

Inheritance -- Should it be based on blood or conduct?

Posted on February 16, 2009
Anne-Marie Rhodes (Professor, Loyola University Chicago School of Law) has recently published her article entitled On Inheritance and Disinheritance, 43 Real Prop., Tr. & Est. L.J. 433 (2009). Here is a summary of her article: This Article discusses how changes...

Top SSRN Downloads

Posted on February 16, 2009
Here are the top downloads from December 18, 2008 to February 16, 2009 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 213 Estate Tax...

Happy Presidents' Day

Posted on February 16, 2009
Happy Presidents' Day Here is a link to George Washington's will. Abraham Lincoln died intestate!

Siblings of same-sex partner not entitled to notice of probate of will -- Update

Posted on February 15, 2009
Earlier on this blog, I reported on a recent case in which Surrogate Judge Kristin Booth Glen ruled that a same-sex spouse was the surviving souse and sole beneficiary of his deceased spouse's estate and that his siblings were not...

Inherited 401(k)s from non-spouses to get enhanced options

Posted on February 15, 2009
Non-spousal beneficiaries of retirement plans may now have enhanced options. The following excerpts are from Anne Tergesen, New Rollover Rules for 401(k) Heirs, Wall St. J., Feb. 14, 2009:As part of a recovery package enacted in December [2008], Congress has...

Should Illinois enact a QTIP?

Posted on February 14, 2009
Gary R. Gehlback (Partner, Ehrmann Gehlabch Badger & Lee, Dixon, Illinois) and Emily R. Vivian (Associate, Ehrmann Gehlabch Badger & Lee, Dixon, Illinois) have recently published their article entitled Illinois Estate Tax Planning in 2009 and Beyond, 97 Ill...

Happy Valentine's Day

Posted on February 14, 2009
Wishing you and your special someone a very Happy Valentine's Day, Gerry

Probate lawyer disciplined

Posted on February 14, 2009
A Rockport, Texas lawyer recently received a two-year suspension (fully probated, believe it or not) from the practice of law for a variety of inappropriate acts which included her conduct in a probate action. See Disciplinary Actions, 72 Tex. B.J....

Happy Friday the 13th!

Posted on February 13, 2009
Hope your day is most lucky!!

The future of succession law

Posted on February 13, 2009
Thomas P. Gallinas (Julius E. Davis Chair in Law; Associate Dean for Research and Faculty Development, University of Minnesota School of Law) has recently published his article entitled Frontiers of Succession, 43 Real Prop., Tr. & Est. L.J. 419 (2009)...

Biotech Children and Inheritance

Posted on February 13, 2009
Kristine S. Knaplund (Professor of Law, Pepperdine University School of Law) has recently published her article entitled Legal Issues of Maternity and Inheritance for the Biotech Child of the 21st Century, 43 Real Prop., Tr. & Est. L.J. 387 (2009)....

Estate Planning Skills CLE

Posted on February 13, 2009
The American Bar Association, Section of Real Property, Trust and Estate Law is sponsoring a program entitled Skills Training for Estate Planners at the New York Law School in New York City on July 13-17, 2009. Here is a description...

Impact of newspaper deliveries and funerals

Posted on February 12, 2009
In response to the downturn in the economy, some newspapers will not longer deliver to subscribers' homes on a daily basis. For example, the Detroit News and the Detroit Free Press will deliver only three days a week. The impact...

Right to Die -- Italian Style

Posted on February 12, 2009
The Italian version of the Terri Schiavo situation has come to an end with the death of Eluana Englaro. Here is a summary of the facts based on AP, Italian woman in right-to-die debate dies, Newsmeat.com, Feb. 9, 2009: Eluana...

Happy 200th Birthday, Abe Lincoln

Posted on February 12, 2009
Today is President Lincoln's 200th Birthday having been born on February 12, 1809 in Kentucky. Despite being a skilled lawyer, as well as our Nation's 16th President, he lacked the foresight to plan his estate failing to prepare even a...

FLP lessons from the Hurford case

Posted on February 12, 2009
Prof. Wendy Gerzog (Professor of Law, University of Baltimore School of Law) has recently posted on SSRN her article entitled Hurford: FLP Practice Pointers. Here is the abstract of her article:Sometimes a case offers practice pointers: Hurford is one such...

Reducing Estate Litigation CLE

Posted on February 11, 2009
The American Bar Association Section of Real Property, Trust & Estate Law is sponsoring a teleconference and live audio webcast on March 3, 2009 entitled Feuds and Flashpoints: Detecting and Defusing Potential Estate Litigation During Estate Planning and Post Mortem...

Do your children lack the skills to manage an inheritance?

Posted on February 11, 2009
Greater skill is needed to manage property, inherited or otherwise, in times of economic turmoil. It appears that parents are becoming increasingly concerned that their children lack the necessary skills. The following excerpts are from Mike Spector, Are Your Kids...

Thousands of unclaimed bodies stack up in LA

Posted on February 11, 2009
Failure to make arrangements for the disposition of your property upon death may have significant consequences. According to Emily Henry & Kristopher Tapley, Left for Dead, Neon Tommy (USC), Feb. 2009: The Los Angeles County Coroner's Office houses 4,705 unclaimed...

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