Wills, Trusts & Estates Prof Blog

Skills Training for Estate Planners CLE Program

The ABA Section of Real Property, Trust and Estate Law is sponsoring the Skills Training for Estate Planners CLE Program July 21-25, 2008 at the New York Law School.

Here is description of the program:

For over ten years, this skills training has been the ideal CLE program for lawyers with less than five years of estate planning practice, and for lawyers who are interested in changing their careers.

This intensive five day program will provide expert instruction on:

• Basic Fundamentals
• Substantive Skills Development
• Technical Skills Development
• Ethical Considerations

The "Lottery Curse" Strikes Again

I have often reported on this blog about the difficulties lottery winners face after striking it big (see Jack Whittaker Update).  Persons who suddenly obtain large amounts of money, such as performers, professional athletes, lottery winners, or personal injury plaintiffs, tend to deplete these windfalls rapidly because they have never learned how to manage their money wisely.

The "lottery curse" has struck again!  In 2007, Doris Murray won $5 million in the Georgia lottery.  Doris was recently found stabbed to death in her home and her ex-boyfriend is being held in connection with her murder.  See AP, $5 million lottery winner found slain, signonsandiego.com, May 7, 2008.

Police report that the murder may have been a result of an argument stemming from the couple's breakup.  You can imagine how angry a boyfriend might get seeing the "gravy train" leaving the station.

It is interesting to note that it seems that Doris received good advice regarding her winnings.  She continued to live in approximately the same life style she had previously enjoyed.  She elected to take the winnings in 20 annual payments which would net her after taxes about $172,000 per year.  It is reported that she was going to use the money to create a trust fund for her grandchildren.

Ohio Supreme Court Upholds Strict Privity Requirement

The following posting is provide through the courtesy of Prof. Paul Caron's TaxProf Blog:

The Ohio Supreme Court on Wednesday unanimously held that children could not sue their deceased mother's attorney for negligence in the preparation of a deed during her life that resulted in adverse estate tax conseqences under § 2036.  Shoemaker v. Gindlesberger, Slip Op. No. 2008-Ohio-2012 (Ohio 5/7/08).

The appellants’ argument rests on two public policy grounds. They advocate for a change in what some refer to as Ohio’s antiquated rule on privity, arguing that Ohio law should grant beneficiaries standing to sue an attorney who allegedly was negligent in providing services to a decedent. In support of their position, they present a survey of several jurisdictions that allow beneficiaries to bring malpractice claims. It is true that Ohio is in the minority of states retaining a strict privity rule, but Ohio was also in the minority of states when Zipperstein was decided over 20 years ago.

Appellants’ second reason for asking for an exception to the privity rule is the need to have attorney accountability in the area of estate planning and wealth transfer. Because any mistakes that an attorney makes in drafting a will or giving advice about an estate plan generally do not arise until after the death of the client, the harm from an attorney’s errors will most likely befall the intended beneficiaries. The appellants argue that an attorney who drafts a will for a client is aware that his or her professional competence affects not only the client but also those whom the client intends to benefit from the will. They argue, consequently, that they should be permitted to maintain a suit against an attorney who negligently drafts or supervises the preparation of a will, to hold the attorney accountable for negligence.

Public policy justifies adherence to the rule, as stated by courts in jurisdictions that apply the strict privity requirement. ... We decline the appellants’ invitation to relax our strict privity rule. ... While recognizing that public policy reasons exist on both sides of the issue, we conclude that the bright-line rule of privity remains beneficial.

Three of the seven Justices filed a separate concurring opinion stating that "in a case with different facts, there would be compelling reasons for adopting the exception we rejected in Zipperstein."

More on the "Middle-Class Wealthy"

As discussed earlier on this blog, there is a growing segment of the population which many would consider "rich" but which consider themselves merely "middle-class," that is, people with a net worth of $1 million to $10 million.

Based on research from their book The Middle-Class Millionaire, Russ Alan Prince, Marcia S. Nelson, Hannah Shaw Grove, & Lewis Schiff have published the results of a survey in their essay Millionaire Intelligence Amount Private Client Attorneys: The Attitudes and Habits of Highly Successful Private Attorneys.

Here are the key points of this survey:

Based on our survey of 418 private client attorneys on matters relating to work-life balance and wealth accumulation, we uncovered several "best practices. First, choosing to be a private client attorney over another legal specialty neither hurts you nor helps you create significant wealth. Rather, what matters most are the traits, behaviors and attitudes you demonstrate as an attorney.

Second, attorneys at all levels of net worth have the same perception of how money can improve their lives. However, successful attorneys implement those ideas more effectively. Also, private client attorneys who have high net worth exhibit similar behaviors and traits to successful people in other fields.

Third, private client attorneys with higher net worth exhibit different work habits from those with lower net worth. In particular:

• They work longer hours and consider themselves to be more available to work during off hours.
• They consider themselves to be better connected in their communities.
• They are more determined to succeed when negotiating with others.

Private client attorneys with high net worth excel at one or more of the talents identified in this research paper. They can increase their success by focusing on areas in which they are less proficient. Private client attorneys with lower net worth can increase their success by improving their work behaviors in any one of the areas identified by high-net-worth attorneys as crucial to success.

Alkaline Hydrolysis -- A Better Way of Body Disposition?

Cremation and burial may be so yesterday if alkaline hydrolysis becomes popular.  Using this process, lye is used to dissolve the body into a brown syrup which can then be poured down the drain.

Here are some excerpts from Norma Love, New idea in mortuary science: Dissolving bodies with lye, AP, May 8, 2008:

The process * * * was developed in this country 16 years ago to get rid of animal carcasses. It uses lye, 300-degree heat and 60 pounds of pressure per square inch to destroy bodies in big stainless-steel cylinders that are similar to pressure cookers.

No funeral homes in the U.S. — or anywhere else in the world, as far as the equipment manufacturer knows — offer it. In fact, only two U.S. medical centers use it on human bodies, and only on cadavers donated for research.

But because of its environmental advantages, some in the funeral industry say it could someday rival burial and cremation. * * *

Getting the public to accept a process that strikes some as ghastly may be the biggest challenge. Psychopaths and dictators have used acid or lye to torture or erase their victims, and legislation to make alkaline hydrolysis available to the public in New York state was branded "Hannibal Lecter's bill" in a play on the sponsor's name — Sen. Kemp Hannon — and the movie character's sadism.

Alkaline hydrolysis is legal in Minnesota and in New Hampshire, where a Manchester funeral director is pushing to offer it. But he has yet to line up the necessary regulatory approvals, and some New Hampshire lawmakers want to repeal the little-noticed 2006 state law legalizing it. * * *

In addition to the liquid, the process leaves a dry bone residue similar in appearance and volume to cremated remains. It could be returned to the family in an urn or buried in a cemetery.

The coffee-colored liquid has the consistency of motor oil and a strong ammonia smell. But proponents say it is sterile and can, in most cases, be safely poured down the drain, provided the operation has the necessary permits.

Alkaline hydrolysis doesn't take up as much space in cemeteries as burial. And the process could ease concerns about crematorium emissions, including carbon dioxide as well as mercury from silver dental fillings.

Will Formalties -- Should Noncompliance be Excused?

Matthew D. Owdom has recently published his casenote entitled Post-death Subscription: The Protective Function Reborn, 39 McGeorge L. Rev. 359 (2008).

Here is an excerpt from the introduction to his article:

Many beneficiaries have been unfortunate enough to discover that a testator's failure to comply with testamentary execution requirements carries a heavy price. In recent decades, many states have taken steps to mitigate the impact of formal attestation requirements on expressions of testamentary intent.  This modern response embodies a liberal attitude towards formalities in the law of wills, indicating that the once-solid foundation of execution requirements is crumbling. Indeed, commentators have opined that attestation formalities may be “withering away,” and some have called for their outright elimination.  Despite these developments, the recent decision by the California Supreme Court in Estate of Saueressig indicates that formalities are far from extinct.

In Saueressig, the court held that California Probate Code section 6110 prohibits the completion of attestation requirements after the death of the testator.  The court's narrow interpretation of section 6110 constitutes a significant deviation from modern trends in the law of wills. Given the viability of holographic wills and will substitutes in California, all of which undermine the functions of execution formalities, Saueressig appears, upon first glance, to embody a result inconsistent with the prevailing wisdom of the law of wills.

Nevertheless, this Casenote argues that the bright-line rule adopted in Saueressig is superior to the “reasonable time” rule adopted by other jurisdictions and promulgated in the 1990 Uniform Probate Code (UPC). Consistent with the normative conception of formal functions, its primary benefit lies in its protection of the testator from fraud or mistake.  In addition, the Saueressig approach promotes uniformity, predictability, and administrative efficiency.  While Saueressig's holding is laudable, the court's reasoning is less than clear, leaving several unresolved questions.

This Casenote contends that Saueressig illustrates three key points. First, from a policy standpoint, the Saueressig rule maximizes the utility of the protective function of attestation formalities following the 1983 reforms to the California Probate Code. Implicit in this point is an assertion that the once-discredited protective function has undergone a legitimizing “rebirth” in the limited context of post-death subscription. Second, although its result is sound, Saueressig embraces the deeply-rooted but erroneous legal proposition that post-death subscription is incompatible with the temporal nature of the will instrument. Finally, Saueressig demonstrates the judicial tendency to interpret modern, minimalist wills acts in a manner inconsistent with the prevailing liberal attitude towards formalities.

Part II begins by surveying the legal background of Saueressig, including the conflicts in the California appellate courts that generated the Saueressig case and the competing rule adopted in other jurisdictions. Part III provides an in-depth look at the Saueressig case. Finally, Part IV analyzes the implications of the rule adopted in Saueressig.

Have Non-Probate Transfers Gone Too Far?

Kent Schenkel (Associate Professor, New England School of Law) has recently posted on SSRN his article entitled Testamentary Fragmentation and the Diminishing Role of the Will: An Argument for Revival.  This article is scheduled for publication in 41 Creighton L. Rev. 155 (2008).

Here is the abstract of his article:

Popularized by a desire to avoid the complexities and inefficiencies of probate, the now ubiquitous nonprobate system of transferring property at death brings a wealth of complexities and inefficiencies of its own. Our patchwork system of will substitutes, while undeniably simplifying post-death administration, requires more documentation, techniques, and tasks than ever before. On the positive side, our experiences with nonprobate transfer techniques revealed flaws in testamentary transfer laws that are now being addressed. But exposure of ancillary problems with wills laws is only a byproduct of the nonprobate revolution. If we are to reign in fragmentation and its consequent ponderousness and inefficiency we must admit that our aversion to probate, not wills, is driving the proliferation of wills substitutes. Ironically, the will, the instrument whose undesirable post-death characteristics spawned the turn towards alternative techniques, offers a simple and efficient mechanism for channeling a person's testamentary desires. The only significant impediment to reviving the will as the instrument of choice for this purpose is that wills carry the burden of probate. But because probate is now seen as largely unnecessary in many estates, legislation should focus on relieving wills from that burden.

How do millionaires think?

The following are some of the key findings from the third annual Wealth in America study conducted for Northern Trust:

Millionaire households have become more advisor-oriented over the past two years, and less reliant on their own efforts.  In particular, millionaire households increasing are seeking advice on * * * tax reduction strategies [and] estate plan or asset transition. * * *

In general, millionaires have very altruistic motivations for their charitable giving: supporting causes that they personally believe in and making a difference in their community * * *.

While seemingly well-positioned for a comfortable retirement, millionaire households nonetheless have concerns about issues or events that might affect their finances.  Chief among their concerns are health related, specifically the rapid rise in health care costs and their health personally or the health of a spouse.

In addition, millionaires place a high level of importance on leaving an estate to their heirs. * * *

Lastly, almost one-half of millionaires have established a personal trust.

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

Heir Discusses Inheritance

For a short but interesting news report about a daughter who recently received a large inheritance from her mother, watch A Mother's Last Gift, CNN.com.

What I find interesting about this report is that the daughter claims to be grieving her mom's death and feeling guilty about spending her mom's money but she has already quit her job.  Perhaps her story demonstrates why it is important for parents to leave property in trust for their children rather than leaving it to them outright.

Breach of Gift Condition?

Louisa Lippitt died in 1912 leaving $4,000 in her will to the Rhode Island Hospital conditioned on the money being used to provide a permanent free bed for needy patients as selected by Children's Friend and Service (the successor charity to the one Louisa indicated in her will).

It now appears that the free bed no longer exists.  Accordingly, Children's Friend and Service has filed suit.

Here is some additional information from Eric Tucker, Charity sues R.I. hospital over free bed donated century ago, Townhall.com, April 19, 2008:

"It just seems illogical to me that a quote-unquote 'permanent free bed,' which by its very name suggests that it is to last forever, can somehow not last forever," said Mark Swirbalus, a lawyer for the organization.

If it had been modestly invested, Swirbalus said, Lippitt's donation could be worth about $1.5 million today. * * *

Hospital spokeswoman Gail Carvelli said the money donated for free beds was put into a restricted account that pays for charity care, but she could not say how much was in that account or how much of its funds are spent annually.

Swirbalus said Children's Friend does not expect the hospital to set aside a bed that would be available only to the charity's clients. Rather, the charity wants to ensure its clients receive free care in whatever bed they're treated.

Moving the Situs of a Trust

Richard W. Nenno, (Managing Director and Trust Counsel, Wilmington Trust Company) has recently published his article entitled The Trust from Hell: Can It Be Moved to a Celestial Jurisdiction?, Prob. & Prop., May/June 2008, at 58.

This article begins by listing reasons why beneficiaries might want to change the trustee, governing law, or situs of a trust and the potential roadblocks.  Next, it discusses which state's law governs various issues affecting trusts, describes how the relocation of a trust might be accomplished, and focuses on particular issues that might cause beneficiaries to explore moving a trust.  Finally, it alerts attorneys to some federal transfer-tax pitfalls.

Social Responsible Investing -- Should Beneficiaries Suffer for "the Greater Good"?

Joel Dobris (Professor of Law, UC Davis School of Law) has recently published his article entitled SRI--Shibboleth or Canard (Socially Responsible Investing, That Is), Real Prop., Prob. & Tr. J. 755 (2008).  [Note:  ABA membership needed to access article via the link.]

Here is the editors' synopsis of his article:

This Article takes a look at the new and increasingly popular phenomenon of socially responsible investing. A topic that has garnered a lot of attention recently, the Article focuses on the intersection of socially responsible investing and trust law. The author’s research includes an eclectic array of interesting and socially relevant sources that culminates in a stimulating analysis of how this new philosophy of investing is likely to affect traditional notions of fiduciary duties in trust investing.

Cemeteries prevail over Kansas City Airport

An ongoing fight between the Kansas City International Airport and relatives of individuals buried in homestead cemeteries which are in the path of proposed airport expansion has recently been resolved.

According to Glenn E. Rice and John Shultz, Platte County judge halts city’s plan to relocate KCI grave sites, Kansas City Star, April 18, 2008:

A Platte County judge has ruled that four homestead cemeteries near Kansas City International Airport will remain intact and not be disturbed to make way for economic development.

Kansas City officials had sought a court order to move the graves from those cemeteries to a five-acre site near Tiffany Springs Park.

Circuit Court Judge Abe Shafer ruled Thursday that among other things, the city “failed to demonstrate good cause for the disinterment and movement of the individual remains.” The city also failed to provide evidence that the public would benefit from moving the graves. * * *

Kansas City Aviation Director Mark Van Loh said they were disappointed in the ruling because the city had planned to consolidate the cemeteries, which are often vandalized and used for illegal dumping. Van Loh said they would proceed with plans to build fences around the cemeteries.  * * *

The court appointed Platte City attorney Robert H. Shaw to represent any unknown dead. In his ruling signed Thursday, Shafer also blocked the city from disturbing or disinterring any remains located “in, around and in the vicinity of the cemeteries.”

Organ Donation -- Should Need or Willingness to Donate Control?

The debate continues to rage regarding the basis on which scare organs should be allocated to patients needing them.

One view, such as that advanced by LifeSharers, is that individuals willing to donate organs should have priority to receive organs.  Because of our system of presumed non-consent to organ donation, there is a large shortage of organs for transplantation.  There is an inherent fairness in having organs made available first to individuals who have indicated their willingness to donate their own organs.

On the hand, some individuals believe that willingness to save others is irrelevant that the need should be the sole criteria.  See Editorial, Need should govern who gets transplants, News-Record (Greensboro, N.C.), April 24, 2008, claiming that the willingness to donate causes that person to be "regarded as more deserving of a heart, lungs, liver or some other organ — and therefore more deserving of a chance to live — solely because he or she promised to return the favor if the circumstances were different."

Girlfriend Upset at Boyfriend's Anti-Organ Donor Stand

The following discussion is from an advice column in the Washington Post.  See Carolyn Hax, Organ Donation Quandary, Washington Post, May 5, 2008:

Just found out my boyfriend, whom I am thinking of a future with, is not an organ donor. He doesn't have any religious beliefs to speak of but said he would like to be buried whole.

I lost my lifelong best friend as she waited for an organ donation that never came. Do I have the right to broach such an intensely personal decision with my boyfriend? * * *

This isn't a deal-breaker for me, I don't think. But it is something I want to discuss with him.

[Answer]  Absolutely you can raise this issue, and I hope you do. It is intensely personal, and you can start by acknowledging that -- but it's also a public health issue. Not to mention, you're close to the point of pondering marriage, so personal questions aren't just permissible, they're necessary.  * * *

Does he think it's morally consistent to live knowing that the medical safety net of donated organs is there for him, and that he's willing to avail himself of it, but not contribute to it himself?

Preservation of Probate Records

The Florence County South Carolina Probate Court has recently received a grant to "preserve on microfilm more of its crucial, aging estate papers, some of which are more than a century old." 

See Charles Tomlinson, Grant to help probate court preserve estate papers, Morning News Online, April 30, 2008, which also explains:

The $849 grant is the first the court has received from the S.C. State Historical Records Advisory Board, Florence County Probate Judge Kenneth Eaton said.

It will be supplemented by $5,000 in the court budget for hiring someone to transfer the documents to microfilm, Eaton said.

The grant will be used to preserve papers from 1917 to 1959. Estate documents from the county’s 1888 formation through 1916 are already on microfilm, Eaton said.

“They get a lot of wear and tear because they’re public documents — people can come and open them up,” he said of the original paper files.

Microfilm, with a potential life of 500 years, makes estate papers and other fragile records easier to view and duplicate, according to the probate court.

Special thanks to Neil E. Hendershot of the Harrisburg, Pennsylvania law firm of Goldberg Katzman, P.C., who also authors the PA Elder, Estate & Fiduciary Law Blog, for bringing this article to my attention.

Estate Tax Exemption Portability -- A Good Idea?

Wendy Gerzog (Professor of Law, University of Baltimore School of Law) has recently posted on SSRN her article entitled Portability of Exemptions.

Here is the abstract of her article:

Portability of estate tax exemptions has been called the best estate tax planning idea for a surviving spouse since the unlimited marital deduction in 1981. This article explains portability, including the recent Senate testimony urging its adoption.

The Life Insurance Industry--Elder Abuse Interface

Johnny Parker (Professor of Law, University of Tulsa College of Law) has recently published his article entitled Company Liability for a Life Insurance Agent's Financial Abuse of an Elderly Client, 2007 Mich. St. L. Rev. 683 (2007).

Here is an excerpt from the introduction of his article:

The purpose of this Article is to examine the life insurance industry's role in financial elder abuse. Part I explains why elders are perfect fraud victims for life insurance companies and agents. It examines the intrinsic and extrinsic considerations that make elderly people the perfect prey for predators, such as rogue life insurance agents. Part II explores the extent to which insurance agents engage in financial elder abuse. While financial elder abuse is frequently attributed to a minority of unscrupulous insurance agents, Part II demonstrates that the problem is more widespread than the life insurance industry is prepared to acknowledge. Part III describes the story of one life insurance agent's financial elder abuse case that occurred in Oklahoma and culminated in litigation in 2005. While the story is typical in many respects, it was chosen primarily because of the agent's response when the scam was finally detected. Part III demonstrates that elders who are financially victimized by their insurance agents rarely, if ever, received full financial compensation. Consequently, Part III serves as the launch pad for the primary thesis: making out a case of company liability for a life insurance agent's financial elder abuse. Part IV explores the traditional legal theories typically used to impute liability to employers for torts committed by employees. This Part explains each theory in detail with emphasis on its appropriateness in the context of financial elder abuse.

'Tis the Marriage (and Pre-nup) Season

Attorneys are reporting an increase in interest in prenuptial agreements as the "marriage season" approaches.

The following is from Kathleen Pender, Planning to get married? Who has the info on prenups? I do., SF Chron., May 4, 2008:

There are no reliable figures on how many couples enter into prenuptial agreements, but attorneys say their numbers are growing as more people marry later in life and multiple times.

San Francisco family law attorney Stephen Ruben sees more Baby Boomers entering into such contracts after marriage - known as post-marital agreements - as their parents die. "They want to preserve their inheritances so it doesn't go to their spouse. They want it to remain within the bloodline," he says. * * *

"Everybody ought to consider one. In the process, they will learn what state law says about property rights once they marry," says Katherine Stoner, a family law attorney in Pacific Grove (Monterey County) * * *

You should definitely consider a prenup if:

• You've been married before, especially if you have children.  * * *
• You have substantial assets. * * *
• You started a business before marriage. * * *
• One partner has a big debt.

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

Even with proper documents, an agent may have trouble handling principal's affairs

Having all of the proper disability planning for property management documents in proper form (e.g., a durable power of attorney) may not be enough for an agent to handle the principal's business in an efficient manner.

Here are some excerpts from Molly Selvin, Cashing out an elderly parent's IRA -- in just 9 visits to the bank, LA Times, May 4, 2008, which describes some of the problems:

Over three months last winter, [Agent] made nine trips to the bank. Sometimes I accompanied him. He spoke with several "customer solutions representatives." He produced his dad's durable power of attorney and living trust for inspection multiple times. Those documents were repeatedly faxed to the bank's central legal department for further examination. Hard copies were then sent by corporate courier to the bank's IRA department -- and disappeared.

Bank of America's employees were unfailingly polite and eager to help. But depending on the day and the person, [Agent] was told that [Principal's] legal papers were in order. Or that they weren't. He was told that, notwithstanding [Principal's] wishes, bank policy bars adult children from managing their parent's individual retirement accounts. Or that it doesn't. * * *

[Agent] eventually prevailed, in large measure because he was persistent. * * *'

The experience was a cautionary tale for other baby boomers who may soon be in charge of their elderly parents' affairs: Holding a durable power of attorney may be only the first step. You may have to fight to enforce it.

Pabst Blue Ribbon Casket

Showing his undying love for his favorite brew (Pabst Blue Ribbon), Bill Bramanti of South Chicago has obtained a custom-made beer can casket.

According to AP, Illinois Man Orders Custom Beer-Can Coffin, CBS13.com, May 4, 2008:

He threw a party Saturday [May 3, 2008] for friends and filled his silver coffin -- designed in Pabst's colors of red, white and blue -- with ice and his favorite brew. * * *

Bramanti ordered the casket from Panozzo Bros. Funeral Home in Chicago Heights, and Scott Sign Co. of Chicago Heights designed the beer can.

Does Latin America Need Trusts?

Dante Figueroa (Adjunct Professor, American University Washington College of Law) has recently published his article entitled Civil Trusts in Latin America: Is the Lack of Trusts an Impediment for Expanding Business in Latin America ?, 24 Ariz. J. Int'l & Comp. L. 701 (2007).

Here is the conclusion of his article:

This article has identified the main similarities and differences between the Anglo-American trust and the Latin American fideicomiso. Special attention was given to the core differences between both institutions in assessing the possibility of creating a truly useful Latin American fideicomiso. For this purpose, the article reviewed existing fideicomiso legislation in Latin America and advanced general criteria for future proposals in this area.

The ground is fertile for changes that will bring more business opportunities for everybody in the region. Domestic and foreign investors, claim and expect more creative and innovative legal tools to welcome more investment in the region. A new modern version of a Latin American trust goes to the heart of these expectations. A growing number of stakeholders think there are convincing reasons to believe trusts would bring many benefits to common law countries such as preferential tax treatments, the avoidance of probate procedures, and the isolation of assets from third parties. The Latin American region can not avail itself of these types of benefits unless a more modern form of trusts is implemented, either on an international context or within an internal country context.

A solution on the international level for the international recognition of trusts in the Anglo-American and Latin American legal systems is still a strong alternative. In the meantime, many would regard the unilateral design of a new modern Latin American trust as a beneficial first step. The analysis and proposals contained in this article seek to provide some guidance to that effect.

Top SSRN Downloads

Here are the top downloads from March 5, 2008 to May 4, 2008 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days.

Rank	Downloads	Paper Title
1	367	Deduction Ad Absurdum: CEOs Donating Their Own Stock to Their Own Family Foundations David Yermack, New York University - Stern School of Business, Date posted to database: February 24, 2008 Last Revised: March 29, 2008
2	104	Perpetuities, Taxes, and Asset Protection: An Empirical Assessment of the Jurisdictional Competition for Trust Funds Robert H. Sitkoff, Max M. Schanzenbach, Harvard Law School, Northwestern University - School of Law, Date posted to database: April 2, 2008 Last Revised: April 2, 2008
3	103	Caregiving and the Case for Testamentary Freedom Joshua C. Tate, Southern Methodist University - Dedman School of Law, Date posted to database: March 25, 2008 Last Revised: April 29, 2008
4	96	The [Fiduciary] Duty of Fidelity Robert Flannigan, University of Saskatchewan, Date posted to database: March 14, 2008 Last Revised: March 14, 2008
5	76	Rector and Gore: Two Recent Flp Cases Wendy C. Gerzog, University of Baltimore - School of Law, Date posted to database: March 4, 2008 Last Revised: May 2, 2008
6	55	Serve the Cheerleader - Serve the World: Representation in Estate and Trust Proceedings and under the Uniform Trust Code and other Modern Trust Codes Martin D. Begleiter, Drake University Law School, Date posted to database: January 9, 2008 Last Revised: January 9, 2008
7	44	Text and Time: A Theory of Testamentary Obsolescence Adam J. Hirsch, Florida State University College of Law, Date posted to database: April 9, 2008 Last Revised: April 11, 2008
8	41	General Principles of Intestate Succession Under Hindu Law Tarun Jain, London School of Economics & Political Science (LSE), Date posted to database: January 30, 2008 Last Revised: May 3, 2008
9	41	More is Not Always Better than Less: An Exploration in Property Law Daphna Lewinsohn-Zamir, Hebrew University - Faculty of Law, Date posted to database: March 4, 2008 Last Revised: March 12, 2008
10	38	Disclaimers and Defined Value Clauses: Christiansen Wendy C. Gerzog, University of Baltimore - School of Law, Date posted to database: April 8, 2008 Last Revised: April 30, 2008