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Estate Planning

Wills, Trusts & Estates Prof Blog 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

Recent Entries: 3678

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Top SSRN Downloads

Posted on October 31, 2010
Here are the top downloads from August 31, 2010 to October 30, 2010 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 193 Wills and...


Smith's Boyfriend and Doctor Convicted in Drug Conspiracy

Posted on October 31, 2010
On Thursday, Howard Stern and Dr. Khristine Eroshevich were found guilty on charges of using false names to provide Anna Nicole Smith with drugs. With Stern?s permission, Eroshevich used Stern?s name, as well as other names, to get Vicodin prescriptions...


Happy Halloween

Posted on October 31, 2010
Many law school classes have one or more holidays which are especially relevant. For example, Family Law has Valentine's Day, Mother's Day, and Father's Day, Labor Law has Labor Day, Environmental Law has Earth Day, Military Law has Memorial Day,...


CLE on Grantor Trust Liabilities

Posted on October 30, 2010
My Legal Conferences is sponsoring a 60-minute live audio conference entitled Grantor Trust Liabilities: Keys to Avoid Income Tax Consequences in 2011 on November 10, 2010. The program summary is below: Estate planning with Grantor Trusts can lead to complex...


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10 Ways to Put Your Body to Use After Death

Posted on October 30, 2010
J. Nathan Bazzel, a thirty-eight-year-old HIV-positive man, signed documents to donate his body to the Mutter Museum so that scientists can learn from his remains. Because being on display in a museum isn?t for everyone, CNN came up with a...


Elder Mediation Gains Popularity

Posted on October 29, 2010
Conflict Resolution Quarterly published a study in 2001 that found that nearly 40% of adult children caring for an elderly parent had experienced ?serious conflict? with a sibling related to the care of the parent. In situations like this, elder...


Rocky and Bullwinkle Cartoonist Dies at Age 90

Posted on October 29, 2010
Alex Anderson, the cartoonist who created the cartoon characters of Rocky and Bullwinkle, died on Friday from Alzheimer?s disease at the age of 90. After serving in World War II, Anderson began working with his childhood friend, Jay Ward, to...


Suggestions for Dealing with Tax Uncertainty

Posted on October 29, 2010
Some tax professionals offered suggestions for dealing with this time of uncertainty in the tax world: Investments. You may want to recognize your gains now and take the 15% rate. This is not necessarily always a good idea though, and...


Discussion About $20 Million Estates

Posted on October 29, 2010
The September and October 2010 editions of The Estate Analyst included a two-part discussion about $20 million estates by Robert L. Moshman (attorney and writer). The introduction to the September edition, entitled The Unfortunate $20-Million Estate: When Things Go Wrong,...


A Prepaid Estate Tax

Posted on October 28, 2010
If Congress changes the estate tax from the exemption amount and rate that it?s set to return to in 2011, the extra billions would have to come from other modifications of the estate and gift tax as a practical political...


Step Transaction Doctrine

Posted on October 28, 2010
Donald P. DiCarlo, Jr. (attorney, Villanova, PA) recently published his article entitled What Estate Planners Need to Know About the Step Transaction Doctrine, 45 Real Prop., Trust & Estate L.J. 355 (Summer 2010). An excerpt from the introduction is below:...


Now is the Time to Create a GRAT

Posted on October 28, 2010
Not only is the estate tax set to come back with a vengeance next year, but Congress is also trying to put limits on a popular trust used to avoid the tax. A grantor-retained annuity trust (GRAT) allows people to...


CLE on Formula Clauses

Posted on October 28, 2010
The ABA Section of Real Property, Trust & Estate Law is sponsoring a 90-minute teleconference on November 16 entitled Using Formula Clauses for Sales and Gifts. The program information is below: Transferring business interests and other difficult-to-value assets can be...


Trust Protectors

Posted on October 27, 2010
Richard C. Ausness (Gallion & Baker Professor of Law, University of Kentucky College of Law) recently published his article entitled The Role of Trust Protectors in American Trust Law, 45 Real Prop., Trust & Estate L. J. 319 (Summer 2010)....


CLE on Dealing with Spousal Health Issues

Posted on October 27, 2010
The National Business Institute is sponsoring a 90-minute national teleconference entitled Elder Law: What to do When a Spouse is Confronting Health Issues on December 1, 2010. The program description is below: Dealing with incapacity and end of life decisions...


Carry-over Basis Example

Posted on October 27, 2010
Although potential heirs may think they?d be better off if their rich grandfather died at the end of 2010 rather than the beginning of 2011, that may not be the case due to the carry-over basis. George Steinbrenner?s estate will...


Famous Octopus Dies, Donates to a Sea Turtle Rescue Center

Posted on October 27, 2010
Paul, an octopus at the Sea Life aquarium in Germany, correctly predicted the winner of all seven games of the World Cup. He made his predictions by opening one of two clear plastic boxes, each bearing a team flag and...


2001-2011 Estate Tax Animation

Posted on October 26, 2010
Douglas K. Cook (attorney, Phoenix, AZ) recently created an animation of the various estate tax rates and effective exemptions from 2001 to 2011. The animation is below: The Changing Federal Estate Tax: 2001 - 2011 Special thanks to Douglas K....


CLE on Estate Planning Ethics

Posted on October 26, 2010
ALI ABA and ACTEC are co-sponsoring the Fourth Annual ACTEC?ALI-ABA Ethics Conference entitled Current Ethical Issues for Estate Planners on Thursday, October 28, 2010. Program information is below: What are the toughest ethical issues you face in your trust and...


Giving Gifts to Children

Posted on October 26, 2010
You can?t leave money or property to minors outright, so giving gifts to young children takes preparation and thought. Here are some tips: Set up a Living Trust. A living trust can save the time and money involved in the...


Uniform Power of Attorney Overview and Suggestions

Posted on October 26, 2010
Andrew H. Hook and Lisa V. Johnson (attorneys, Virginia Beach, VA) recently published their article entitled The Uniform Power of Attorney Act, 45 Real Prop., Trust & Estate L. J. 283 (Summer 2010). The Editor?s Synopsis is below: Historically, laws....


New York May Adopt Opt-Out Policy for Organ Donation

Posted on October 25, 2010
New York Senators Duane and Squadron proposed S7725, a bill that would create an ?opt out? organ donation system for New York state, making everyone an automatic organ donor. Instead of registering to become an organ donor in New York,...


Top SSRN Downloads

Posted on October 25, 2010
Here are the top downloads from August 24, 2010 to October 23, 2010 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 185 Wills and...


A Reassessment of the UPC's Elective Share

Posted on October 25, 2010
Lawrence W. Waggoner (Lewis M. Simes Professor of Law, University of Michigan Law School) recently published his article entitled The Uniform Probate Code?s Elective Share: Time for a Reassessment (With an Addendum Reporting on Post-Publication Amendments), U...


Woman Drives Around with Corpse for 10 Months

Posted on October 25, 2010
An Orange County driver allowed a homeless woman to sleep in her car. When she found the woman dead the next day, she was too afraid to go to the police. She drove around with the corpse in her car...


Transfer the House to the Children to Avoid Estate Taxes

Posted on October 24, 2010
If the estate tax comes back as planned in 2011, many middle-class Americans will owe estate taxes, mainly due to the value of their homes. One way to avoid this is to transfer your house to your children this year....


Ways to Save Money on Attorney's Fees

Posted on October 24, 2010
Technology allows law firms to automate more and more functions, giving clients the bargaining power to negotiate fees in more and more situations. Pressure on firms to become more efficient is leading to more specialized firms that charge less than....


House Calls for Estate Planners

Posted on October 23, 2010
Although estate planning meetings usually take place at the firm?s office, making a house call can result in several benefits including: Better insight to net worth. Seeing a house or assets that your client owns can help you better understand...


Pre-nup Upheld in London

Posted on October 23, 2010
German heiress Katrin Radmacher was dragged to court by Nicolas Granatino, her former husband, after his share of the divorce was reduced from over £5m to £1m. By an overwhelming majority, the justices dismissed Granatino?s appeal, ruling that it would...


A 60% Estate Tax Possible Next Year

Posted on October 22, 2010
If Congress doesn?t act, the estate tax will revert back to its 2001 levels, grabbing 55% of assets over $1 million. This is what people have said all year, but if you break it down, this is what will actually...


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