Wills, Trusts & Estates Prof Blog

Robert H. Sitkoff Appointed as John L. Gray Professor of Law at Harvard

Congratulations to Robert H. Sitkoff, who was recently appointed as the new John L. Gray Professor of Law at Harvard Law School.  He is the youngest tenured faculty member to receive a chair in the school's history. 

At an event honoring his appointment, Sitkoff lectured on the "trinity" of trust law.  He discussed the transformation of laws governing revocable trusts, business trusts, and irrevocable trusts over the last generation; how these changes came about; and the future of trusts and estates law.

Sitkoff is a prominent figure in the field of trusts and estates law, co-authoring the leading American casebook on trusts and estates, having been published in multiple leading scholarly journals and popular publications, and being named named an up-and-coming young lawyer by Lawyers Weekly USA in 2007.

See Harvard Law School, Taking the Gray Chair, Sitkoff describes a revolution in trust law, June 10, 2009.

Wills & Estates Professors Receive Awards at Texas Tech

During the past few weeks, several professors at the Texas Tech University School of Law whose teaching and writings are focused in the estate planning area have received significant awards and honors.

• President's Academic Achievement Award -- Professor Vaughn James
• 2009 Outstanding First Year Professor of the Year -- Professor Gerry W. Beyer
• 2009 Outstanding Advanced Professor of the Year -- Professor Michael Hatfield
• 2009 Hooding Professor -- Professor Gerry W. Beyer

AALS Section on Trusts and Estates Spring 2009 Newsletter now available

The AALS Section on Trusts and Estates Spring 2009 Newsletter has just been released.

Please follow this link to read and/or download the Newsletter.

Prof. Sitkoff delivers Trachtman Lecture at ACTEC Annual Meeting

Robert Sitkoff (John L. Gray Professor of Law, Harvard Law School) recently presented the Trachtman Lecture at the 2009 Annual Meeting of the American College of Trust and Estate Counsel.

Here is an excerpt from Harvard's press release:

In his lecture, titled “The Quiet Revolution in American Trust Law: An Empirical Assessment,” Sitkoff said that the last 20 years have seen a revolutionary updating of trust law, including major changes in revocable trust and trust investment law, perpetuities, asset protection and business trusts.

Sitkoff split the changes into two categories: “top-down," driven by the Restatements and Uniform Acts, and “bottom-up,” reflecting lobbying by local bankers and lawyers. “The top-down reforms tend to reflect academic and elite practitioner views,” he said. “The bottom-up reforms tend to cater to donor preferences and have led to ‘a drift toward greater dead hand control.’”

Sitkoff presented a synthesis of his empirical studies on the effects of these various trust law reforms. In brief, he said, the effects have been profound. “Billions of dollars in trust assets have moved from one state to another, or been reallocated from one form of investment to another, as a result of these law reforms.”

Sitkoff’s lecture was based on a series of ongoing research projects, which will form the core of a book he is writing with Professor Max M. Schanzenbach of Northwestern University, “Lawyers, Banks, and Money: The Quiet Revolution in American Trust Law,” to be published by Yale University Press.

Spring AALS Trusts & Estates Newsletter -- Call for Updates

Prof. Laura Rosenbury, Washington University School of Law, is compiling information for the spring newsletter of the AALS Section on Trusts and Estates.  Please email her with news of your or your colleagues’ accomplishments, publications, career moves, service, and other professional activities.  There are several hundred Section members; let them know how you're all doing!

Please send your information to lrosenbury@wustl.edu by April 3.  Thanks so much.

Gerald Le Van joins Upchurch Watson White & Max

Gerald Le Van has recently joined the mediation group of Upchurch Watson White & Max.

Here is an excerpt from the firm's press release:

Upchurch Watson White & Max, a Florida based mediation specialty firm and national leader in alternative dispute resolution, announces the appointment of Gerald Le Van to the firm's mediation panel. He will chair the firm's Family Business Services Group.
   

Since 1986, Le Van has successfully resolved family disputes about wealth and business, earning an international reputation for preventing family lawsuits.
   

A trust and estates lawyer, former law professor and corporate counsel, he is often quoted in the business press, speaks frequently to business and professional groups and is a dedicated coach and mentor to others in the field. 
   

A prolific writer, Le Van has authored six books, countless articles and serves on the editorial boards of two national magazines. A graduate of Southern Methodist University and the Louisiana State University Law School, he is a fellow of the Family Firm Institute, the American College of Trust and Estate Counsel, the International Academy of Estate and Trust Law, and is an emeritus Trustee of the Presbyterian Church (USA) Foundation. His latest book is Healthy Wealth in Families.

Prof. Gallanis accepts chaired position at University of Iowa

Thomas P. Gallanis of the University of Minnesota has accepted a chair at the University of Iowa, to start July 1, 2009.

He specializes in trusts and estates, first-year Property, and English legal history.

Congratulations, Tom!!

Prof. James' Alzheimer's book lauded

Vaughn E. James (Professor of Law, Texas Tech University School of Law) recently published book entitled The Alzheimer's Advisor -- A Caregiver's Guide to Dealing with the Tough Legal and Practical Issues has been chosen among the best two dozen consumer health titles of 2008 by the Library Journal.  See Barbara Bibel, Best Consumer Health 2008, LibraryJournal.com, Feb. 1, 2009.

Here is the publisher's description of this book:

For anyone who has ever cared for a person with Alzheimer’s, coping with the emotional, financial, and day-to-day issues can be grueling. While many people are aware of the physical effects of this disease, very few know how to handle the practical issues that can make dealing with a loved one or patient with Alzheimer’s that much more difficult. In The Alzheimer's Advisor, Vaughn E. James offers an empathetic and straightforward guide to the legal and ethical dilemmas associated with this disorder. Using real-life situations, the author offers invaluable advice on such topics as:

• estate planning
• the emotional issues of caring for a patient with Alzheimer’s
• how to cope with the cost of care
• living wills, power of attorney, and guardian­­ship
• treatment and diagnosis
• finding the right lawyer and paying for the cost of legal help
• legal issues for the mobile Alzheimer’s patient

From recognizing the early signs of the disease to understanding the legal implications, this is the one book that will enable caregivers, health-care practitioners, and family members to protect themselves and their loved ones.

TWE Professor named AALS President-Elect

Reese Hansen (Howard W. Hunter Professor of Law, Brigham Young University), a leading wills, trusts, and estates professor, has been named the President-Elect of the Association of American Law Schools.

Here is a brief description of his accomplishments from H.Reese Hansen, AALS Newsletter, Nov. 2008, at 6-7.

Professor Hansen received his B.S. with honors from Utah State University (1964) and his J.D., Order of the Coif (1972) from The University of Utah, where he was Research Editor and Note Editor of the Utah Law Review.  He then spent two years at the firm of Strong, Poelman & Fox in Salt Lake City. Professor Hansen was recruited by Dean Rex E. Lee to BYU in 1974. The law  school was then only a year old, and Lee immediately named Hansen Assistant Dean. Two years later he became Associate Dean, a position he held for 13 years. Professor Hansen became Acting Dean in 1989 and was named Dean eight months later, serving as Dean for 14 years (1990-2004). His combined service in the Dean’s office spans 30 of the first 31 years of the BYU law school’s history.

Professor Hansen has coauthored multiple editions of one of the leading casebooks on Trusts, and has coauthored three books on Utah and Idaho Probate systems, as well as a variety of articles and book chapters. He currently teaches Wills and Estates, Trusts and Basic Estate Planning.

Professor Hansen has served the legal profession and legal education extensively beyond his home school. He served for five years as a Trustee of the Law School Admissions Council (LSAC), chaired three LSAC committees, served as a Director of Law School Admission Services, Inc., on the Board of Trustees of Utah Legal Services, Inc. and as a member of the Utah Commission on Education for Law and Citizenship, and the ABA’s Foreign Law Initiative Law School Advisory Committee in the early 1990’s. From 1998 – 1995 Professor Hansen was a Commissioner,  National Conference of Commissioners on Uniform State Laws. He currently serves as a member of the Utah Supreme Court Advisory Committee on Professionalism.

Professor Hansen has engaged in significant AALS service over the years. He has chaired two AALS Sections, served three years on the Membership Review Committee, and for the past three years has been a member of the Executive Committee. He chairs the Association’s Audit and Investment Policy Committee.

Commissioners of the Utah State Bar honored him with its first “Award for Illustrious Civility in the Law” in 1996.

Prof. Brophy moves to UNC

Alfred Brophy -- a longtime fan of Wills, Trusts, and Estates blog, who shamelessly bases a lot of T&E class on postings here -- has moved from the University of Alabama to the University of North Carolina, where he'll be teaching property and trusts and estates.  These days he's writing about property and trusts in the old South.

Prof. Sitkoff Named as a Massachusetts Uniform Law Commissioner

Robert Sitkoff (John L. Gray Professor of Law, Harvard Law School) was recently appointed to serve on the Uniform Law Commission by Massachusetts Governor Deval Patrick.   He will join two other commissioners in representing Massachusetts.

See Sitkoff to represent Massachusetts on the Uniform Law Commission, Harvard Law School News, March 7, 2008.

NYLS Faculty Win Excellence in T&E Writing Award

The following is courtesy of Prof. Paul Caron, editor of the Tax Prof Blog:

Marc S. Bekerman, Associate Director of the Graduate Tax Program at New York Law School, and John J. Reddy Jr., President of the New York Law School Alumni Association and a member of its Board of Trustees, have received a 2007 Excellence in Writing Award for Trust & Estate Best Practical Use Article from the ABA's Probate & Property magazine for their two-part article entitled, Essential Steps to Take After "Finishing" The Estate Plan, which ran in the March/April and May/June issues. See the New York Law School press release here.

Husband’s property transfer during marriage held fraudulent on wife’s marital rights

In Schoukroun v. Karsenty, No. 1689 (Md. Ct. Spec. App. Dec. 11, 2007), husband created a trust and designated his daughter from a previous marriage as its only beneficiary. He transferred three accounts into the trust immediately and thereafter designated the trust a beneficiary of two other accounts. These two accounts became transfer-on-death (TOD) accounts.

The court held that even if the husband did not act with fraudulent intent, his transfer of property during marriage constituted fraud on his wife’s marital rights because it was not complete, absolute, and unconditional. Therefore, the court decreed that the assets of the trust as well as the TOD accounts must be included in the husband’s estate for purposes of calculating the wife’s statutory share.

Special thanks to Matthew B. Bogin, Esq., for bringing this case to my attention.

Estate Planner Licensed in Eight States!

Texas lawyer A.M. Nunley III was recently sworn into the Wyoming bar -- his eighth state!

Here is what Nunley said as reported in I Pledge Allegiance to the Republic of Texas, 70 Tex. B.J. 845 (2007):

Despite garnering jokes from colleagues, the move to become licensed in so many states was a more practical one than Nunley will let on. “A lot of my clients have vacation homes in Colorado, others have oil and gas leases in Oklahoma, and I had a couple of clients who moved to New Mexico in the 1980s. I can still give those clients sensible advice about their estate planning, even though they are in another state.” * * *

Aside from being licensed in eight states, Nunley is a certified public accountant in each of those states, certified in estate planning and probate law and tax law by the Texas Board of Legal Specialization, certified in elder law by the National Elder Law Foundation, and has taken on several pro bono cases.

I am especially excited for A.M. as he was one of my students when he was in law school.  He tells me that he may next attempt to get licensed as an English barrister!

Robert H. Sitkoff -- "Chip off the ol' Block"

Our distinguished colleague Robert H. Sitkoff (John L. Gray Professor of Law, Harvard Law School) appears to have received tremendous inspiration from his father, Samuel Sitkoff, a retired trusts and estates attorney.

See Nora Lockwood Tooher, Robert H. Sitkoff: Like father, like son, LawyersUSA, Sept. 24, 2007, which details Prof. Sitkoff's career and how he developed his affinity for trusts and estates law.

Special thanks to Prof. Paul Caron for bringing this article to my attention.

Foundation Source® Named 2007 Philanthropic Group of the Year

The following is from Foundation Source^®Named 2007 Philanthropic Group of the Year, Sept. 11, 2007:

Foundation Source, the nation's leading provider of support services for private foundations, announced today that it has been honored as the 2007 Philanthropic Group of the Year at the annual High Net Worth Industry awards sponsored by notable industry publication Private Asset Management. The prestigious award recognizes the company's innovative approach to automating and streamlining private foundations and its success in bringing outsourced foundation services to the nations leading private wealth management firms.

“It is a great honor to be recognized as the 2007 Philanthropic Group of the Year,” said Daniel M. Schley, Foundation Source chairman and CEO. “For decades the focus within the private wealth sector has been on growing assets, protecting them in difficult times and distributing assets to the next generation. Today, there is a rapidly emerging fourth component to the successful private wealth offering – strategic philanthropy – with industry thought leaders rapidly adding a range of philanthropic services to their core service offering. For ultra high-net worth clients, strategic philanthropy means private foundations, and increasingly a partnership with Foundation Source. We are pleased, indeed, that our partners and our peers have recognized Foundation Source as the Philanthropic Group of the Year.”

Added Doug Mellinger, Foundation Source founder and vice chairman, “For years, Foundation Source has focused on providing a complete suite of outsourced services for setting up and operating private foundations. Since inception, our strategy has been to distribute our services in partnership with the nation’s premier wealth management firms. Winning this prestigious award confirms that the nation’s most philanthropic families are truly benefiting from the value that we have teamed up with our partners to provide.”

Marc S. Bekerman appointed as Associate Director of NYLS Graduate Tax Program

The following is from a news release issued by the New York Law School:

New York Law School, one of the oldest independent law schools in the nation, * * * announced the appointment of Marc S. Bekerman as Associate Director of its Graduate Tax Program. Bekerman [also] serves as an Adjunct Professor at the Law School, teaching a variety of courses related to trusts and estates in both the J.D. and LL.M. programs.

Now in its fourth year, the Graduate Tax Program at New York Law School embodies a unique, measured approach to graduate tax study, enabling students to increase their mastery of tax law and refine their practice skills in order to better serve their clients and communities. “We are so pleased to welcome Marc as our Associate Director. His broad and diverse experience with trusts and estates and his great understanding our program’s goals make him an ideal addition,” said Professor Ann F. Thomas, Managing Director of the Graduate Tax Program.   

“I am very excited at this new opportunity and look forward to helping the LL.M. program continue its growth as an important part of the national tax practice community,” Bekerman said.   

Bekerman received his Bachelor of Arts in Mathematics from the State University of New York at Binghamton, his J.D. from Fordham University School of Law, and his LL.M. in Taxation from New York University School of Law. He is admitted to practice in New York, New Jersey, and California, as well as a number of federal courts including the United States Tax Court. Bekerman has received a rating of AV from Martindale-Hubbell, the highest rating available.   

Bekerman’s practice in estate planning includes the preparation of wills and trusts, estate administration, and estate litigation. In addition, he currently serves on the Council of the Real Property, Probate, and Trust Law Section of the American Bar Association as Vice-chair of the Standing CLE Committee and member of the committees on Continuing Legal Education, Planning, and Community Outreach. Bekerman is a fellow of both the American Bar Foundation and the New York Bar Foundation.

Prof. Tate to Visit at Pennsylvania

Joshua Tate (Assistant Professor of Law, Southern Methodist University Dedman School of Law) will serve as a Visiting Assistant Professor at the University of Pennsylvania Law School during the Spring 2008 semester.

Prof. Wes Shinn Named Dean and Chief Operating Officer of the Appalachian School of Law

According to an ASL press release:

The Board of Trustees of the Appalachian School of Law has appointed Clinton W. (“Wes”) Shinn as Dean and Chief Operating Officer of the Appalachian School of Law, effective July 1, 2007. Dean Shinn has been serving the School as interim Dean since December 12, 2006, while a search for a permanent dean was conducted.

“I am delighted Wes Shinn has agreed to be our dean,” said Roger Powers, ASL Board Chair. “He will provide steady leadership that will ensure the law school continues its progress. The Board is committed to supporting him in every possible way, and I look forward to working alongside him as we continue to solidify and perpetuate the Appalachian School of Law.”

Professor Shinn practiced law in New Orleans, Louisiana for more than 25 years, concentrating in the areas of probate and estate planning, commercial transactions, oil and gas property interests, and environmental regulation.

Professor Shinn returned to full-time academia in 1999, having previously taught for two years as an assistant professor of law at the Tulane University School of Law. From 1999 until 2001, he was a member of the ASL faculty, and then was an associate professor of law at the Mississippi College School of Law from 2001 until 2006. In August 2006, he returned to Appalachian as tenured Professor of Law.

Wes Shinn is a graduate of the Tulane School of Law, where he graduated with highest honors, was elected to Order of the Coif, and served as Editor-in-Chief of the Tulane Law Review. He earned an LL.M. from the Harvard Law School in 1973. He teaches courses in Property, Secured Transactions, and Estates & Trusts at ASL. Dean Shinn has published in the legal fields of civil law obligations, secured transactions, and environmental law, and has been a frequent speaker in the areas of wills and estates. He is a Fellow of the American College of Trust and Estate Counsel, a Charter Fellow of the Louisiana Bar Foundation, and served a term as an elected delegate to the Louisiana State Bar Association.

Special thanks to Prof. Paul Caron for bringing Prof. Shinn's appointment to my attention.

Phoenix School of Law Receives Provisional ABA Accreditation

On June 11, 2007, The Phoenix School of Law, Arizona’s first private law school, received notification of the ABA's provisional approval.

Prof. Mary Radford of Georgia State University School of Law served as a Visiting Professor of Law this past semester and will also serve as visitor during the Fall 2007 semester.