Wills, Trusts & Estates Prof Blog

James Brown Update

The controversies regarding the estate of James Brown continue to swirl.  Here is the latest as reported in AP, Lawyer: James Brown estate shortchanged, CNN.com, Nov. 16, 2007:

A company that handles royalties and income from commercials and other projects for James Brown's estate has significantly less money than it should, a lawyer for the late soul singer's family said.

Much of the money that was supposed to be going to James Brown Enterprises Inc. instead ended up in a company established by a former trustee accused of misappropriating $7 million from the singer, attorney Louis Levenson said Thursday after a court hearing to sort through Brown's finances.

The company collected money earned by Brown's endeavors while he was alive and continued to do so after he died on Christmas, but never gave the money to the singer, Levenson said. * * *

David Cannon, who quit working for the estate in August after being accused of taking money from it, testified that Brown's work earned millions of dollars a year. * * *

Judge Jack Early ordered Cannon to pay $373,000 to Brown's estate within five days, but Cannon said he couldn't afford that. He instead offered his beach property in South Carolina, which he said was valued at nearly $2 million.

Cannon acknowledged that in August he made an $866,000 deposit to build a house in Honduras, where he planned to retire next year. He said he was currently unemployed and being audited by the IRS. * * *

The hearing is to continue next week as Brown's trustees and family wrangle over the total value and ownership of his estate.

Several people claiming to be Brown's previously unacknowledged children, and at least two women who say they were married to him, have come forward wanting a piece of his estate.

The judge ruled that former backup singer Tomi Rae Hynie, who claims she was the singer's fourth wife, could return to Brown's Beech Island home next week.

Hynie has said she hoped to retrieve some personal items from the home, but that trustees were stalling her.

Special thanks to Neda Jahansouz (J.D. Candidate, Texas Tech University School of Law) for bringing this show to my attention.

George Gipp Exhumation Update

Earlier on this blog, I reported that George Gipp, the Notre Dame football legend who died in 1920, was exhumed on October 4, 2007 to determine whether he was the grandfather of Ellen Easton.  The results, revealed on November 8, 2007, proved that Gipp was not related to Ellen.

According to Richard Sandomir, Cousins Sue Over Gipp Exhumation, NY Times, Nov. 17. 2007:

Two distant cousins of George Gipp filed suit [November 16, 2007] in a Michigan court against his great-nephew, ESPN, a biographer of Gipp’s and several others over the exhumation last month of the remains of Gipp * * *

“The carnage at the gravesite was amazing,” said Torger Omdahl, the lawyer for Karl and Ronald Gipp and their wives. * * *

Mike Bynum, who is writing a biography of Gipp to be published next year, said, “This is very sad because some distant relatives cannot respect their cousin who was trying to do something very Christian to help a family find” genetic answers.

Both sides accused the other of seeking to profit from the exhumation. The lawsuit says Bynum could have had a financial benefit from learning if Gipp’s daughter was Bette Bright Weeks, born five days after Gipp died.

Bynum accused the Gipps, who are seeking at least $25,000, of “an old-fashioned money grab where they’re going for deep pockets and they don’t have legal standing.”

Retirement Plan CLE

The American Bar Association Section of Real Property, Probate and Trust Law and the ABA Center for Continuing Legal Education is sponsoring a teleconference and live audio webcast on December 4, 2007 entitled How to Avoid the Top 10 Retirement Distribution Disasters.

Here is a description of the program:

As baby boomers rapidly approach retirement age, their ability to retire comfortably may depend on decisions they make in the next few years. The rules on distributions from individual retirement accounts (IRAs) and employer sponsored retirement plans are complex and it’s easy for clients to be confused about their options. In addition to trying to determine if they have sufficient income, clients also must navigate the income and estate tax rules for retirement plans. The faculty will cover the top 10 retirement issues and help you to get the most for your client.

After attending this presentation, participants will know:

• Legal and tax issues surrounding beneficiary forms
• How to work with a trust as a beneficiary
• What kind of creditor protection may be available for IRAs and inherited IRAs
• What net unrealized appreciation is and why it’s important
• Traps surrounding post-mortem transfers

Discussion and Critique of the Proposed Estate Tax Regulations

Wendy C. Gerzog  (Professor of Law, University of Baltimore School of Law) has recently posted on SSRN her article entitled Dealing with Postdeath Events.

Professor Gerzog summarizes her article as follows:

The author discusses and critiques the proposed estate tax regulations dealing with postdeath events and the deduction under section 2053.

Inheritance Rights of Posthumous Children Conceived Using Biotechnology

Are posthumous children conceived using biotechnology “issue” and “descendants” for purposes of being beneficiaries of a trust? The New York surrogate court answered this question in the affirmative. In re Martin B., 841 N.Y.S.2d 207 (Sur. Ct. 2007).

In this case, wife preserved her husband’s sperm, and several years after his death, used it to conceive two children. The husband’s father had a trust that provided for portions of the trust principal to be distributed to his “issue” and “descendants.” After his death, the trustees brought a proceeding to determine whether the settlor’s son’s posthumous children qualified as beneficiaries of this trust.

In deciding this issue, the court considered The Restatement of Property. The Restatement provides that a child of assisted reproduction is considered a child of a person who consented to parenthood but was prevented from becoming a parent by death. The court stated that “if an individual considers a child to be his or her own, society through its laws should do so as well.”

More on the South Carolina Bar Exam

Earlier on this blog, I reported on the controversy that has surrounded a decision to toss out the Wills, Trusts, and Estates question from the July 2007 South Carolina bar exam which resulted in an extra 20 students receiving passing scores, including the daughters of several prestigious individuals.

Here is some additional information from Debra Cassens Weiss, Plot Thickens: Bar Exam Chief Wasn’t Told of Grading Change, ABA J. Law News Now, Nov. 13, 2007:

The South Carolina Supreme Court’s decision to change the bar exam results for 20 test-takers was a surprise to the man who oversees the state Board of Law Examiners.

Board chairman George Hearn told TheState.com that neither the court nor any of his board members informed him of the decision to change the final exam scores submitted to the court by law examiners.

The court says it decided to drop the section of the exam on wills, trusts and estates from the test because of a scoring error reported by the examiner for the section. Among the 20 who benefited were the daughters of a trial judge and a state representative.

The daughters, Catherine Harrison and Kendall Burch, both serve as law clerks for circuit judges.

Improving Efficiency by Utilizing Technology in Drafting Probate Documents

In his Technology-Probate column, Prob. & Prop., Nov./Dec. 2007, Jason E. Havens explains that:

Drafting systems continue to draw substantial interest from those who have used them and those who want to enhance the drafting process. The inherent dangers of “recycling” estate planning documents and/or of using “find and replace” to update a document should motivate everyone to consider a true system for drafting these technical legal documents. This column covers some of the most popular “expert” drafting systems and updates this editor’s previous reviews of them.

Each expert drafting system provides a relatively complete system. One might offer more options that another, but all of these systems produce most “core” estate planning documents. All of them also use “templates” (reusable answer files) to address many drafting scenarios. The drafter can customize any of these systems but should use caution when doing so because of the possibility of altering the legal effect of any provision and/or the functionality of the drafting system itself. A consultant is recommended for any extensive customization project and is typically more cost-efficient than self-customization.

Directed Trusts and the Trustee’s Protection from Liability

Richard W. Nenno, (Managing Director and Trust Counsel, Wilmington Trust Company) has recently published his article entitled Directed Trusts; Can Directed Trustees Limit Their Liability?, Prob. & Prop., Nov./Dec. 2007, at 45.

Here are excerpts from the introduction to his article:

Clients sometimes want to appoint a particular trustee for a trust but also want to have a co-trustee, adviser, committee, or protector (not the trustee) control certain trust decisions. For example, if a trustor funds an inter vivos trust with stock in the family company, he or she might want to continue to make decisions regarding the purchase, sale, and voting of such stock. Similarly, a family that has a long-standing relationship with a successful money manager might want that manager (not the trustee) to make investment decisions for trust assets. In addition, a client might want someone other that the trustee to decide when to make income or principal distributions to beneficiaries. In the situations, the client wants to minimize the trustee’s involvement in such decisions and wants the trustee to lower its fees to reflect its reduced duties. * * *

This article does not discuss delegated trusts – a trust in which the trustee hires someone to help administer the trust. Rather, this article will explore the extent to which a client may relieve the trustee of liability in a “directed trust” – an irrevocable trust in which a co-trustee, adviser, committee, or protector named in the governing instrument (“directing person”) directs the trustee on investment and/or distribution decisions. Specifically, it will summarize the relevant state statutes and caselaw, explore the extent to which a client may select the directed trust statute of a state where he or she does not live, consider whether an existing directed trust may be moved to another state to provide more protection to the trustee, and offer some comments. Citations for the 29 states and the District of Columbia that have directed trust statutes appear on page 50 at the conclusion of this article; 22 states have no directed trust statute.

Surrogate disqualifies an executor due to her attorneys’ prior vexatious conduct

Roseanna DeLaune died intestate in 1997. Her sister, Paula M. Venezia, who was statutorily appointed as an executor, hired as counsel her childhood friend, Alfred Sica. Sica hired the law firm now known as Vaneria & Spanos. During the administration of DeLaune’s estate things turned hostile between Sica and one of DeLaune’s heirs, her disabled nephew William Pennington III. In 2003, Venezia died leaving her $1,000,000 estate to the same nephew Pennington, and nominating her goddaughter, Joanne Zaccaria as an executrix.

Zaccaria hired the same attorneys who were handling DeLaune’s estate. Pennington, who has had a contentious relationship with this counsel, opposed Zaccaria’s appointment as an executrix as well as her choice of attorneys. Surrogate Margarita Lopez Torres ruled in his favor. As a reason for Zaccaria’s disqualification as an executrix, Surrogate cited Zaccaria’s attorney’s "vexatious conduct" during the administration of DeLaune’s estate.

Here are more details on this story from Mark Fass, 'Vexatious' Attorney Conduct Results in Removal of Executor, law.com, Nov. 12, 2007:

"The testimony shows that Alfred Sica, in his capacity as co-conservator in the DeLaune estate, failed to communicate with Pennington as to the progress of the conservatorship where Pennington testified that Sica 'stopped being responsive to my inquiries[.]' * * *

In the DeLaune case, Sica denied the then-indigent Pennington's request for a disbursement that would allow him to retain counsel[.] * * * Pennington, who suffers from several disabilities, sought the appointment of a guardian to defend his interests, which Sica also opposed.

Taxation Issues from August 2006 through September 2007 - an Update

Samuel A. Donaldson (Associate Professor, University of Washington School of Law) has recently posted on SSRN his article entitled Federal Tax Update: Important Developments in Federal Income, Estate & Gift Taxation Affecting Individuals - August, 2006 to August, 2007.

Here is the abstract of his article:

This update explains several developments in the substantive federal income, estate and gift tax laws affecting individual taxpayers and small businesses. It contains summaries of significant cases, rulings, regulations, legislation and other matters from August, 2006, through September, 2007. This update generally does not discuss developments in the areas of qualified plans or the taxation of business entities (except to a very limited extent).

More on Self-Help Wills

Earlier on this blog, I discussed a recent Wall Street Journal article which discussed the ways in which a person may obtain a will via self-help.  This topic has again received national attention in Emily Brandon, How to Write a Will Online, US News & World Report, Nov. 12, 2007.

Here are some excerpts from this article:

New parents, homeowners, and even people without significant assets should write a will. But articulating your final wishes doesn't have to involve expensive visits to a lawyer. Now, there are plenty of online ways to create a will or trust, many of which take less than an hour from start to finish. Here's an easy guide to writing a will on your own—often for much less than $100. * * *

"In a plain-vanilla situation, an intelligent person with no tax issues can go online and do a reasonable document that would be better than having no will at all," says Rothschild of the ABA. But real life often involves second marriages, stepchildren, special assets like family businesses, property in multiple states, and other situations that don't always fit into a fill-in-the-blank will with no legal advice. "In the more complicated situations that require legal judgment, there was too much of trying to be one size fits all for me to be comfortable recommending the online or computer programs," Rothschild says. "There is a lot of art in lawyering. I am not sure these online programs have mastered the art part of a safe landing."

Special thanks to Melanie Casner (J.D. Candidate, Texas Tech University School of Law) for bringing this article to my attention.

Grantor Trust Teleconference

The American Bar Association Section of Real Property, Trust and Estate Law, Young Lawyers Division and the ABA Center for Continuing Legal Education are sponsoring a teleconference and live audio webcast on November 27, 2007 entitled Understanding Grantor Trusts.

Here is a description of the program:

The Essential Issues in Trust and Estate Law Series provides attorneys with the opportunity to learn more about the key basics of trust and estate law. Whether you are a new attorney wanting to know more about trust and estate law, or a seasoned attorney looking for a refresher, this series has the information you need.

The program will provide an overview of the grantor trust rules, with an emphasis on how grantor trusts may be used as a tool in estate planning.

Organ Donees Contract Both HIV and Hepatitis C From Donated Organs

The following is from Denise Grady, Four Transplant Recipients Contract H.I.V., NY Times, Nov. 14, 2007:

Four transplant recipients in Chicago have contracted H.I.V. from an organ donor, the first known cases in more than a decade in which the virus was spread by organ transplants.

The organs also gave all four patients hepatitis C, in what health officials said was the first reported instance in which the two viruses were spread simultaneously by a transplant.

Though exceedingly rare, this type of transmission highlights a known weakness in the system for checking organ donors for infection: the most commonly used tests can fail to detect viral diseases if they are performed too early in the course of the infection. Officials say the events in Chicago may lead to widespread changes in testing methods.

Protecting an elderly person from his/herself -- Not an easy task

In Of Principals and POAs: Protecting the Elderly from Themselves, 95 Ill. B.J. 580 (2007), Helen W. Gunnarsson discusses the problems which may arise when a "good" agent wants to protect an "unwilling" principal.

Here are some excerpts from this most interesting article:

Most lawyers know what it is to serve clients afflicted with dementia. If they don't, they surely know or have known a family member or friend who is such a client.

Lawyers can ameliorate some of the anguish that accompanies the onset and progression of dementia. They can help impaired individuals and concerned family members make wise decisions that will improve the remainder of the impaired individuals' lives and preserve more of their estates for their heirs or beneficiaries.

By itself, though, existing law may not be able to provide a perfect solution for the impaired person who's in the hazy no-man's-land between "sharp as a tack" and incompetent - perhaps sharp one day, or one minute, and incompetent the next. How effective an instrument can and should the law be for protecting someone like that from himself?

Through the use of a compelling hypothetical situation, Ms. Gunnarsson demonstrates the problems that arise and how the law is not well-suited to solving them.

Taking a Deeper Look into the Lives of the Wealthy - A New Perspective

With the financial support of the Bill and Melinda Gates Foundation and wealth-management firm Calibre, Boston College's Center on Wealth and Philanthropy will conduct the first National survey of its kind – looking into the hearts and minds of wealthy Americans.

The survey will target households worth $25 million or more and is expected to have over 1,000 respondents. Unlike many other surveys, it will not focus on the participants’ spending habits, but explore their motivations for charitable giving and happiness level instead.

Below are some details about the survey from Robert Frank, Mr. Gates Queries His Peers, WSJ.com, Nov. 9, 2007:

"We believe the survey will make an extraordinary contribution toward helping us understand what drives donors to give and what they need in order to give effectively[.]"***

One question asks whether the respondents give to nonprofit groups to "change the world" or because "it makes good business sense." The survey also asks if people give to charity because of tax deductions and whether a repeal of the estate tax would change their giving. (Many argue that a repeal could hurt philanthropy, because parents could leave more to their kids without paying taxes.)***

A recent wave of research into happiness has shown that happiness levels plateau at a certain wealth level. Yet researchers haven't been able to measure people at the very top of the wealth ladder. While some say the very rich may be happier than the merely affluent, because they have more freedoms, others argue that happiness levels may decline at the top because of the complexities and troubles that wealth can bring, such as family feuds and lawsuits.***

It will also ask respondents how they made their wealth: through investing, starting companies, corporate jobs or through inheritance, among others. While some studies have shown that inherited wealth is declining as a share of today's millionaires, who are mainly entrepreneurs, the Gates study could offer evidence to the contrary.***

Special thanks to Joel Dobris (Professor of Law, UC Davis School of Law) for bringing this article to my attention.

Hunt Family Consumed By Feud Over Billions in Trust Funds

H.L. Hunt’s great grandson, Albert Hill III, sued trustee Tom Hunt, his father and his two aunts, claiming mismanagement of assets by Tom Hunt, and conspiracy by the trustee, his father, and his aunts.

Here are some details of this story from Eric Torbenson, Hunt family embroiled in trust lawsuit, dallasnews.com, Nov. 8, 2007:

“Al Hill III didn't sue his father until after his father sued him and said he was not the beneficiary of these trusts, fired him from the family business and filed documents in probate court that made certain claims that would oust Al and his grandchildren from any interests in these trusts”[.]***

H.L. Hunt created separate trusts for the six children he had with his first wife, Lyda, to pass along the fortune. In the suit, Mr. Hill III states that he became a direct beneficiary of the trust when his father, Mr. Hill Jr., "disclaimed" most of his interests in the Margaret Hunt trust March 22, 2005.

That "irrevocable disclaimer" made Mr. Hill III a direct beneficiary of the Margaret Hunt trust when she died June 14, according to the suit. Margaret Hunt Hill was Al Hill Jr.'s mother.

Tom Hunt, H.L. Hunt's 84-year-old nephew, and the other Hill family members "conspired" to break up the Margaret Hunt Trust Estate and the Harold Lafayette Hunt Jr. Trust and "partition" it among themselves by selling the assets they contained, primarily control of shares of Hunt Petroleum Corp.

When Mr. Hill III, 37, confronted the parties, he was told he wasn't a direct beneficiary but rather a "contingent beneficiary" of the trust.***

Special thanks to Jon Platt and Mark Killingsworth (J.D. Candidates, Texas Tech University School of Law) for bringing this article to my attention.

Pros and Cons of Incentive Trusts and Attorney’s Role in Helping Clients Make Informed Decisions

Judy Barber (Consultant, Mediator, Publisher, Family Money Consultants LLC) has recently published her article entitled The Psychology of Conditional Giving; What’s the Motivation, Prob. & Prop., Nov./Dec. 2007, at 57.

Here is the conclusion to her article:

An attorney’s own sense of both the breadth and the limits of what feels appropriate to address is key to open discussion with clients. Guidance about what is comfortable to discuss will be apparent when the client answers the questions regarding concerns that the succeeding generation’s greater independence may create distance between generations. Elders may find difficulty in seeing the potential for change and disappointment and embarrassment that children do not reflect their values. The planner will need to provide guidance about what is comfortable to discuss.

An incentive trust is a psychologically complicated estate planning tool. Many [settlors] see the use of standards of behavior as a worthwhile plan to perpetuate what they believe is right. The attorney can help the client balance conflicting pulls and make fully informed choices. On the one hand, incentives have the potential to make future generations strong stewards of the client’s hard-earned wealth. On the other hand, incentives can polarize succeeding generations and create family strife. The estate planner and the client should discuss the full meaning of conditional giving and understand the range of possible consequences. Estate planners and clients, in the course of dialog, it is hoped, will become aware of the effects of their individual family histories and experiences, and the psychological implications will be incorporated into the ongoing debate about the pros and cons of incentive trusts.

Hershey Trust Update

Earlier on this blog, I have reported on an article discussing the plight of the charitable trust that controls the Hershey company.

Here is what has recently occurred according to Hershey cleans house; 8 directors ousted, Reuters, Nov. 12, 2007:

Chocolate maker Hershey * * * has replaced eight members of its board of directors, the latest management shake-up in the weeks since the surprise announcement of Chief Executive Richard Lenny's retirement. * * *

Six of Hershey's independent directors quit at the request of the Hershey Trust, the controlling shareholder that has recently said it was not happy with company's performance. Two directors elected separately by shareholders also resigned. * * *

The Trust, established by Hershey founder Milton Hershey to serve as trustee for the boarding school that bears his name, controls about 78% of voting shares at Hershey and about 30% of the economic interest.

Among the board members who resigned was Robert Campbell, who had been designated to become non-executive chairman Jan. 1.

The directors who resigned at the trust's request: Jon A. Boscia, Robert H. Campbell, Gary P. Coughlan, Harriet Edelman, Mackey J. McDonald and Marie J. Toulantis — resigned at the request of the Hershey Trust, the company said.

The shareholder directors who resigned: Bonnie G. Hill and Alfred F. Kelly Jr.

Son Contests Father’s Will Claiming Father Was Not of Sound Mind When He Reduced Son’s Inheritance

The following is from Richard Osley, Son of Annabel's founder to challenge father's will, news.independent.co.uk, Nov. 11, 2007.

Robin Birley, the son of a legendary nightclub Annabel’s founder Mark Birley, has filed an action in court, claiming that his father was not of sound mind when he reduced his son’s inheritance by millions of pounds.

Robin Birley was not on speaking terms with his father when he died three months ago, but it emerged yesterday that peace talks had been discussed just before Mark Birley died, one of his closest confidants confirmed.***

Robin was left around £1m in the will, but that figure is dwarfed by the inheritance of his nephew Eben, the two-year-old son of his sister, India Jane.***

At one stage the money was to be shared equally between Robin and India Jane, 45. Sources said the two now talk only through legal representatives.***

Talks are likely to centre on what is meant by "of sound mind". Mr Birley, who was 77 when he died, was known to have difficulty with his short-term memory. If the matter goes to court, several doctors could be asked to give evidence.***

Robin's relations with his father became strained when he took over as manager of Annabel's[.]***

Friends said Robin had told his father that he could not live on a salary of £100,000 a year and he agreed to halve his wages in return for 5 per cent of profits. When this money was paid, Mr Birley said he could not remember the deal and thought his son had been acting improperly.***

Special thanks to Joel Dobris (Professor of Law, UC Davis School of Law) for bringing this article to my attention.

Wills, Trusts, & Estates Question Causes South Carolina Bar Exam Controversy

The following is from Rick Brundrett, John Monk, & Adam Beam, State's high court alters test results, The State.com, Nov. 9, 2007:

The state’s top court has changed the grades for 20 people — including the children of a prominent state lawmaker and a longtime circuit judge — who earlier flunked the test required to practice law in South Carolina.

The S.C. Supreme Court in last week’s order said the wills, trusts and estates section of the July exam would “not be considered” in determining a test-taker’s overall score, though the justices gave no reasons for their decision.

The students include the daughters of state Rep. Jim Harrison, R-Richland, chairman of the powerful House Judiciary Committee; and Circuit Judge Paul Burch of Pageland, The State confirmed Thursday in interviews with the two men.

The State newspaper could not confirm the identities of the other 18 whose grades were changed.

Supposedly, the wills, trusts, and estates section had a higher than normal failure rate which some interpret as a sign that either the question or its grading was faulty.  It has also been reported that this question had a "scoring error."  See Tim Smith, Error prompted bar exam change, Supreme Court says, GreenvilleOnline.com, Nov. 9, 2007.

See also What's Up With the South Carolina Bar Exam?, Abovethelaw.com.

Special thanks to Jonathan P. Lee (Ellis, Lawhorne & Sims, PA, Columbia, South Carolina) for bringing these articles to my attention.

Dr. Phil Features Will Contests

The Tuesday, November 13, 2007, installment of the Dr. Phil Show will feature people engaged will contests and other estate controversies in a episode entitled Will Fights.

Here is a description of this show:

Do you have a relative scheming to get money from a rich aunt, uncle or even parents when they pass away? Meet four sisters bitterly fighting over their aunt’s inheritance. Virginia's original will divided her estate four ways: Pat, Linda and Barbara would each receive $10,000 and Carol, the youngest, would get the remainder of the trust -- approximately $400,000. But the will was split six ways to include Linda’s two kids after Aunt Virginia went to live with Linda. Barbara says she can’t imagine why her aunt would change the trust unless Linda manipulated it. Does Barbara have a case against her sister, or is she just being the family troublemaker? Their mother, Fran, drops a bombshell about the real reason the will was changed. Then, Sondra says she and her husband, Patrick, fight constantly since they blew his $100,000 inheritance in less than a year. After purchasing five new cars, a new TV and furniture, they can’t afford to pay for their daughter’s college tuition. Will this couple ever stop bickering about money?

Special thanks to Neda Jahansouz (J.D. Candidate, Texas Tech University School of Law) for bringing this show to my attention.

Top SSRN Downloads

Here are the top downloads from September 13, 2007 to November 12, 2007 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days.

Rank	Downloads	Paper Title
1	106	Federal Tax Update: Important Developments in Federal Income, Estate & Gift Taxation Affecting Individuals - August, 2006 to August, 2007 Samuel A. Donaldson, University of Washington - School of Law, Date posted to database: October 19, 2007 Last Revised: October 19, 2007
2	87	Why Did Trust Law Become Statute Law in the United States? John H. Langbein, Yale University - Law School, Date posted to database: September 12, 2007 Last Revised: October 22, 2007
3	58	Leaving More than Money: Mediation Clauses in Estate Planning Documents Lela P. Love, Stewart E. Sterk, Yeshiva University - Cardozo School of Law, Yeshiva University - Cardozo Law School, Date posted to database: September 25, 2007 Last Revised: September 25, 2007
4	52	Estate Tax Exemption Portability: What Should the IRS Do? And What Should Planners Do in the Interim? Mitchell Gans, Hofstra University - School of Law, Date posted to database: September 11, 2007 Last Revised: September 26, 2007
5	52	The Fiduciary Accountability of Ordinary Employees Robert Flannigan, University of Saskatchewan, Date posted to database: October 15, 2007 Last Revised: October 15, 2007
6	50	Introducing the Law of Nonprofit Organizations and Philanthropy David A. Brennen, University of Georgia School of Law, Date posted to database: October 3, 2007 Last Revised: October 26, 2007
7	46	The Uniform Acts' Loophole in Fraudulent Conveyance Law Adam J. Hirsch, Florida State University College of Law, Date posted to database: September 15, 2007 Last Revised: November 5, 2007
8	45	The Trustee's Duty to Inform Thomas P. Gallanis, University of Minnesota Law School, Date posted to database: October 10, 2007 Last Revised: October 17, 2007
9	43	The Section 67 Question: Are Fees for Investment Advice Fully or Partially Deductible by Trusts? James Loebl, Valparaiso University - School of Law, Date posted to database: October 16, 2007 Last Revised: November 6, 2007
10	35	Tax Losses Lester B. Snyder, University of San Diego School of Law, Date posted to database: October 3, 2007 Last Revised: November 1, 2007

Happy Veteran's Day

To all readers who serve, or have served, in our military -- Happy Veteran's Day and thank you for you do or have done for our country.

Alternate Minimum Tax Update

The following information regarding the status of the alternate minimum tax is from Edmund L. Andrews, House Backs Tax Relief Bill, but Fate in Senate Is Unsure, NY Times, Nov. 10, 2007:

The House passed a $78.3 billion tax bill on Friday [November 9, 2007] that would shield about 21 million people from the alternative minimum tax next year, and pay for it in part by ending tax breaks for private equity funds, hedge funds and other partnerships.

But the bill, approved 216 to 193, faces a highly uncertain future in the Senate. Republicans are staunchly opposed to any tax increases, and some Democrats are torn between appealing to their party instincts and alienating some of their big contributors.

President Bush has already threatened to veto the bill, which also includes extensions of several other tax provisions, if it includes higher taxes that would shift more of the tax burden to the wealthy. He argues that Congress should freeze the alternative minimum tax without trying to make up the $50.6 billion revenue loss for the 2007 tax year. * * *

Republicans charged that Democrats were simply raising taxes, because Congress never seriously intended to impose the alternative minimum tax on anybody but a handful of millionaires.

“The A.M.T. is crazy; it was never meant to apply to middle-class taxpayers,” said Representative Jim McCrery, Republican of Louisiana.

DNA Proves Ellen Easton Not Related to George Gipp

George Gipp, the Notre Dame football legend who died in 1920, was exhumed on October 4, 2007 to determine whether he was the grandfather of Ellen Easton.

The results, revealed on November 8, 2007, proved that Gipp was not related to Ellen.

A larger controversy has ensued, that is, the residents of his hometown of Laurium, Michigan are "outraged by what they are calling the desecration of his gravesite — a scene that included recording of the action by ESPN cameras."

For more information, see Larry Dorman, Anger Over Exhumation in Gipper’s Hometown, NY Times, Nov. 10, 2007.