Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

A Member of the Law Professor Blogs Network

Saturday, November 2, 2013

Prof. Elizabeth R. Carter promoted and receives professorship

Carter_ElizabethElizabeth R. Carter (Louisiana State University Paul M. Hebert Law Center) was promoted to the rank of Associate Professor of Law earlier this year.

Recently, she learned the good news that she was awarded the Judge Anthony J. Graphia & Jo Ann Graphia Endowed Professorship.

Congratulations, Elizabeth!!

November 2, 2013 in Appointments and Honors | Permalink | Comments (0) | TrackBack (0)

Wednesday, September 18, 2013

2013 Mary Moers Wenig Student Writing Competition


The American College of Trust and Estate Counsel (ACTEC) has announced the winners of the 2013 Mary Moers Wenig Student Writing Competition.

First Place: Christopher J. Roman (Villanova Law School) “Protecting Your Clients’ Assets from their Future Ex-Sons and Daughters-In-Law: The Impact of Evolving Trust Laws on Alimony Awards”

Second Place: Ryan Konsdorf & Scott Alden Prulhiere (Arizona State University, Sandra Day O’Connor College of Law) “Killing Your Chances of Inheriting: The Problem with the Application of the Slayer Statute to Cases of Assisted Suicide”

Third Place: Emily Tornabene (Arizona State University, Sandra Day O’Connor College of Law) “To Have and To Hold, and Now a QDRO”


Honorable Mentions:

Daniel G. Cronin (Arizona State University, Sandra Day O’Connor College of Law) “Decanting Trusts: Evolving Law”

Kendal R. Dobra (University of Connecticut School of Law) “Riding the Digital Wave: An Executor’s Fiduciary Duty toward Digital Assets”

Daniel Miller (Arizona State University, Sandra Day O’Connor College of Law) “How Harmless Is Harmless? An In-Depth Look Into the Harmless Error Rule”

September 18, 2013 in Appointments and Honors, Writing Competitions for Students | Permalink | Comments (0) | TrackBack (0)

Monday, July 29, 2013

Article on Capacity for Lifetime and Estate Planning

Rwhitman300Robert Whitman (Professor of Law, Connecticut Law School) has recently published an article entitled, Capacity for Lifetime and Estate Planning117 Penn. St. L. Rev. 1061 (Spring 2013). Provided below is the abstract from the article: 

Clients consulting with elder and estate planning attorneys for estate planning documents will likely receive a “package” of five documents: a will, a trust (revocable or irrevocable), a health care power, a durable power of attorney, and a living will. Although capacity standards have varied for each of the items in the “package,” an informal survey of American College of Trust and Estate Counsel (ACTEC) members reveals that practitioners do not pay attention to these distinctions when they create the “package.” Practitioners are either unwilling to accept the engagement for lack of competence or willing to overlook the capacity distinctions when accepting the engagement. This article thus advocates for a uniform test for capacity when an attorney considers preparing the “package” for a client. 

Special thanks to Jim Hillhouse (Professional Legal Marketing (PLM, Inc.)) for bringing this article to my attention.

July 29, 2013 in Appointments and Honors, Articles, Estate Planning - Generally | Permalink | Comments (0) | TrackBack (0)

Monday, June 3, 2013

Adam Hirsch Joins University of San Diego School of Law Faculty

HirschCongratulations are in order for Adam Hirsch who has recently accepted a position at the University of San Diego School of Law.

Here is an excerpt from USD's press release:

Dean Stephen C. Ferruolo announced today that Adam Hirsch has accepted a faculty appointment at University of San Diego (USD) School of Law. Hirsch has served as a visiting professor of law at the school since fall 2012 and will join the faculty on August 1, 2013.

"The appointment of Adam Hirsch is another great addition to our faculty,” said Dean Ferruolo. “He perfectly complements the previously announced appointments of Howard Abrams, Miranda Fleischer and Victor Fleischer to our tax faculty and strengthens important parts of our core curriculum.”

Adam Hirsch is the William & Catherine VanDercreek Professor of Law at Florida State University. He is a leading authority on wills and trusts. He is also an academic fellow of the American College of Trust and Estate Counsel. A graduate of Yale Law School, he also holds a Ph.D. in History from Yale University, where his doctoral dissertation received the George Washington Egleston Prize for the best dissertation in American history. Hirsch teaches and writes in the areas of wills and trusts, creditors' rights and American legal history.

June 3, 2013 in Appointments and Honors | Permalink | Comments (1) | TrackBack (0)

Saturday, January 26, 2013

2012 Excellence in Writing Awards for Probate & Property Magazine Announced

P&PThe editors of Probate & Property magazine have recently announced the winners of the magazine's 2012 Excellence in Writing Awards.

The Trust & Estate winners are as follows:

  • Best Practical Use Article -- Christopher R. Hoyt, Retirement Assets to a Surviving Spouse -- Rollovers and Portability Are Your First Choice, January/February 2012.
  • Best Cutting Edge Article -- Gerry W. Beyer & Naomi Cahn, When You Pass on, Don't Leave the Passwords Behind: Planning for Digital Assets, January/February 2012.
  • Best Overall Article -- Tiffany B. Carmona and Tye J. Klooster, Wandry v. Commissioner: The "Secret Sauce" Estate Planners Have Been Waiting For?, November/December 2012.

January 26, 2013 in Appointments and Honors | Permalink | Comments (1) | TrackBack (0)

Tuesday, December 11, 2012

List of Web-Savvy Professors for 2012 Announced

Top_web_savvy_professor_2012BestOnlineUniversities.com has recently released its list of Top 100 Web-Savvy Professors for 2012.

Thanks in great measure to the tremendous support of the readers of this blog, I am honored to be ranked #7 on this list.

As I have said before, I am humbled by the support of my readers and remain extremely appreciative.

December 11, 2012 in Appointments and Honors | Permalink | Comments (1) | TrackBack (0)

Friday, November 30, 2012

AALS Section on Trusts & Estates Fall 2012 Newsletter

null The AALS Section on Trusts & Estates has just released its Fall 2012 Newsletter with information about conferences, programs, scholarship, and other professional news of interest to the membership.

You may read this exciting Newsletter by following this link.

November 30, 2012 in Appointments and Honors | Permalink | Comments (0) | TrackBack (0)

Monday, November 26, 2012

Wills, Trusts & Estates Prof Blog Named to ABA Journal's Blawg 100!

Vote_rec_orangeThanks to your loyalty and support, I just received notice that this blog was named to the ABA Journal's Blawg 100 for the third consecutive year.

Thank you!!!

In the lines of Dancing with the Stars, I ask for your support for my blog to be a “people’s choice” winner.  The Journal is now conducting a popular vote to determine the most-liked blog in each of a dozen categories – I am in the Niche category.  You may vote by following this link:  http://www.abajournal.com/blawg100,

You do have to register, which is very easy, just provide username, screen name, email, and password.  Then go to the category "Niche" and click "Vote" on my Blog, Wills, Trusts and Estates Prof Blog.


November 26, 2012 in About This Blog, Appointments and Honors | Permalink | Comments (1) | TrackBack (0)

Tuesday, June 19, 2012

Prof. Robert Sitkoff Elected to Council of the American Law Institute

SitkoffThe following is adapted from the posting on the Harvard press release:

The American Law Institute has elected Robert H. Sitkoff, John L. Gray Professor of Law, to join its Council. The Council serves as the governing body of the ALI, the leading independent organization in the U.S. producing scholarly work to clarify, modernize, and otherwise improve the law. The ALI publishes Restatements of the Law, model statutes, and principles of law that are enormously influential in the courts and legislatures, as well as in legal scholarship and education.

"I congratulate Rob on this eminent appointment and also congratulate the American Law Institute in recruiting him,” said HLS Dean Martha Minow. “His talents, knowledge, skills, and energy will ensure excellence and impact in the Council's valuable programs and projects."

On May 20, the day before his election to the Council, Sitkoff made a presentation to the ALI titled “The Prudent Investor Rule 20 Years On and After the Financial Crisis.” He was joined by Susan Gary, a professor at the University of Oregon School of Law, Bevis Longstreth ’61 a retired partner at Debevoise & Plimpton, and Randall W. Roth, a professor at the William S. Richardson School of Law, University of Hawaii.

In 1992, the ALI promulgated a new Prudent Investor Rule that has since been adopted by every state. Since the financial crisis of 2008, however, the Rule has come under increasing scrutiny. Bucking that trend, Sitkoff argued that that recent criticisms of the rule reflect a misunderstanding of the relevant law and economics of trust investment. In support of his argument, Sitkoff presented an empirical analysis of trust investment by professional trustees over the past two decades, including just before, during, and after the crisis. Read more about the presentation here.

June 19, 2012 in Appointments and Honors | Permalink | Comments (0) | TrackBack (0)

Monday, May 21, 2012

AALS Section of Trusts & Estates Spring 2012 Newsletter


Section Chair Prof. Laura Rosenbury (Washington University) has stated:

As the academic year comes to a close, this Newsletter from the AALS Section on Trusts & Estates reflects on the conferences, programs, and scholarship of the past year and looks to future events. Although the activities of our section members are varied and diverse, one constant theme pervades our work: the dynamic, shifting, and timely nature of trusts and estates debates.

You may read this exciting Newsletter by following this link.

May 21, 2012 in Appointments and Honors, Teaching | Permalink | Comments (0) | TrackBack (0)