Wills, Trusts & Estates Prof Blog

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

Friday, February 5, 2016

New Book On Jury Charges For Texas Family Law And Probate

ArticleThe 2016 edition of Texas Pattern Jury Charges—Family & Probate has recently been published by Texas Bar Books and is now available. Provided below is a description of the book:

The assistance that this excellent resource offers extends beyond providing definitions, instructions, and questions useful for drafting charges in your jury trials. Many practitioners find it very helpful in preparing findings of fact and conclusions of law in nonjury cases and in identifying issues and evidence requirements in family and probate cases generally. Comments provide a ready reference to the source of each charge and instructions on when to use it.

Texas Pattern Jury Charges—Family & Probate digital product contains the entire book as a hyperlinked and word-searchable PDF file. All charge language is included as MS Word files linked to the comments for quick retrieval and assembly of jury charges. Texas and federal case citations are linked to the online version of the Casemaker Web Library. Texas and federal statute citations are linked to the main code section cited via Casemaker online.

 

February 5, 2016 in Books, Books - For Practitioners, Estate Administration | Permalink | Comments (0)

Wednesday, February 3, 2016

New Book On Estate Planning For Art Collectors & Advisors

ArticleThe first edition of Handbook of Practical Planning for Art Collectors and Their Advisors by Ramsay H. Slugg has recently been published and is now available through ABA Book Publishing. Provided below is a description of the book:

Art is an asset of passion, as author Ramsay H. Slugg begins this invaluable guide, yet has unique and not unimportant financial characteristics. These elements make art possibly the most difficult asset to incorporate into an overall estate and financial plan. Handbook of Practical Planning for Art Collectors and Their Advisors addresses two essential elements of art ownership: planning for the ultimate disposition of the art, including how to represent the wealth represented by the art into any estate and financial planning, and also the practical considerations for collectors as they actively collect and plan for the art’s eventual disposition.

After a brief discussion of the art market generally, the author introduces and explains a client-focused process that can be used when advising art collectors. This includes explaining both the income, estate and gift tax consequences of various options, as well as the important and often emotional non-tax considerations of collecting and disposing of art. The book also discusses the role and importance of other advisors who are involved in these decisions, including art advisors, risk management professionals and appraisers. To better illustrate the material, the book features enlightening case studies. Particular attention is given to the charitable solutions available as these are often especially appealing to many collectors and their advisors.

February 3, 2016 in Books, Books - For Practitioners | Permalink | Comments (0)

Friday, January 8, 2016

New Guide To IRA Tax Compliance Issues

ArticleIRA Guide to IRS Compliance Issues: Including IRA Trust Violations by Seymour Goldberg has recently been published and is available through ABA Publishing. Provided below is a description of the book:

Based on government reports from the Treasury Inspector General for Tax Administration and the GAO , there is a significant amount of noncompliance from taxpayers who make excess contributions to IRA accounts, and from taxpayers who fail to receive timely required minimum distributions. The IRS is developing a long-term compliance initiative to reduce the growing noncompliance involving retirement accounts. This strategy will include the development of techniques to identify individuals who are not in compliance. It will include, according to a government report, education, outreach programs. and other guidance. This essential guide outlines many of the mistakes that are made by IRA account holders from an IRS compliance point of view, understanding that is quite easy for a taxpayer who has an IRA or inherits an IRA to fall into a tax trap and violate the IRA rules. The IRA Guide to IRS Compliance Issues will help you be aware of the potential IRA violations that may be triggered and how to be proactive and not reactive when it comes to IRA issues.

January 8, 2016 in Books, Books - For Practitioners | Permalink | Comments (0)

Wednesday, January 6, 2016

New Book On Inherited IRA's

Article

 Inherited IRAs: What Every Practitioner Must Know, 2015 Edition by Seymour Goldberg has recently been published and is available through ABA Publishing. Provided below is a description of the book:

Inherited IRA’s: What Every Practitioner Must Know is your guide to understanding these rules and effectively implementing an estate plan that includes retirement assets, written especially for the legal practitioner. It includes more than 100 scenarios, questions, and answers that you will most likely encounter as a practitioner dealing with often complex retirement asset distributions.

Checklists, sample forms, and summaries of court rulings on inherited IRA cases provide you with additional tools and resources that will help you best assist your clients through what is often a difficult time in their lives.

This 2015 edition is updated to include all of the recent changes to the rules and regulations surrounding estate planning and retirement asset distributions that have been enacted over the past year.

January 6, 2016 in Books, Books - For Practitioners | Permalink | Comments (0)

Tuesday, December 22, 2015

New Book On Estate Planning For Same-Sex Couples

Same sex estate planningThere have been major changes in the world of estate planning for same-sex couples since the U.S. Supreme Court decision Obergefell v. Hodges. Estate planning involves both deciding how to divide up assets after death as well as life planning. “This new edition of Estate Planning for Same-Sex Couples by award-winning author Joan M. Burda attempts to address certain struggles for equality and how these issues affect estate planning for LGBT clients.” Even after the Supreme Court decision there are still many unique and complex issues that same-sex couples will continue to face. This book will provide important estate planning information that is applicable for the post Obergefell legal environment.

 

See Joan M. Burda, Estate Planning for Same-Sex Couples, Third Edition, American Bar Association, December 22, 2015.

December 22, 2015 in Books, Estate Planning - Generally | Permalink | Comments (0)

Monday, December 21, 2015

A Special End Of Year Sale On Excellent Estate Planning Guides

BooksThe American Bar Association is having a sale on the books of estate planning guru Seymour Goldberg until the end of the year. Mr. Goldberg is the chair of the Estate and Financial Planning Committee of the Suffolk Chapter of the New York State Society of CPAs and is both a CLE and CPE instructor. In addition, he was the author of an Amicus Brief in the landmark 2014 inherited IRA opinion of the Supreme Court of the United States in Clark v. Rameker. Take this opportunity to get some of the best books available on the subject at a great price! More information about his books and the special discount code can be found here.

December 21, 2015 in Books, Books - For Practitioners, Estate Planning - Generally | Permalink | Comments (0)

Friday, November 27, 2015

A Special End Of Year Sale On Excellent Estate Planning Guides

ArticleThe American Bar Association is having a sale on the books of estate planning guru Seymour Goldberg until the end of the year. Mr. Goldberg is the chair of the Estate and Financial Planning Committee of the Suffolk Chapter of the New York State Society of CPAs and is both a CLE and CPE instructor. In addition, he was the author of an Amicus Brief in the landmark 2014 inherited IRA opinion of the Supreme Court of the United States in Clark v. Rameker. Take this opportunity to get some of the best books available on the subject at a great price! More information about his books and the special discount code can be found here.

November 27, 2015 in Books, Books - For Practitioners | Permalink | Comments (0)

Tuesday, November 17, 2015

A Special End Of Year Sale On Excellent Estate Planning Guides

ArticleThe American Bar Association is having a sale on the books of estate planning guru Seymour Goldberg until the end of the year. Mr. Goldberg is the chair of the Estate and Financial Planning Committee of the Suffolk Chapter of the New York State Society of CPAs and is both a CLE and CPE instructor. In addition, he was the author of an Amicus Brief in the landmark 2014 inherited IRA opinion of the Supreme Court of the United States in Clark v. Rameker. Take this opportunity to get some of the best books available on the subject at a great price! More information about his books and the special discount code can be found here.

November 17, 2015 in Books, Books - For Practitioners | Permalink | Comments (0)

Saturday, November 14, 2015

New Book On Trust Protectors

ArticleTrust Protectors: A Practice Manual with Forms by Alexander A. Bove, Jr. has recently been published and is available through Juris Publishing. Provided below is a description of the book:

This work will examine in detail the role of the protector of the trust, the relationship between the protector and the trustee, between the protector and the beneficiaries, and the protector’s responsibilities to the purposes of the trust. It will demonstrate with legal support that the role of the protector is not a new role, that, in fact, the protector is simply a new name for the decades-old position of trust “advisor,” and that the trust advisor is consistently regarded as a fiduciary in relevant treatises and has been repeatedly held to be a fiduciary in relevant cases. The discussion will also review and analyze the historical issues and professional commentary relevant to trust law and the role of protector, as well as case decisions in various international jurisdictions which have shed light on the issues and some of the positions taken in the statutes of a number of jurisdictions in the United States and across the world. All legal aspects of the role will be examined, including the rights of the protector, the protector’s relationship to the trustee, and the courts’ regard for and treatment of the position.

 

Further, the work will discuss in detail all of the practical considerations in using a protector, such as selection and special drafting considerations, the use of a protector in a foundation, and, in brief, the numerous tax issues that may apply. The conclusion will be that with only very limited exception, which will be explained, the protector is unquestionably a fiduciary, and just as a trustee, he should be held to fiduciary standards. Accordingly, while it is certainly possible to grant personal powers to an individual under a trust, those powers per se conflict with the duties of a protector. And while it is also possible to reduce the fiduciary liability of a protector to a minimum, it is not possible to eliminate it entirely, regardless of trust language attempting to do so.

November 14, 2015 in Books, Books - For Practitioners | Permalink | Comments (0)

Friday, November 13, 2015

New Book On Wills And Estate Planning

ArticleWills and Estate Administration by Kenneth A Verammen has recently been published and is available through ABA Book Publishing. Provided below is a description of the book:

Estate planning and administration responsibilities are often a significant part of a solo or small firm lawyer’s practice, but these issues are often time-consuming and complex. Written by a veteran attorney who has focused on streamlining his firm's practice in this area, Kenneth Vercammen shares how to establish and strengthen a firm’s wills and estate practice. 

Straightforward and to-the-point, Wills and Estate Administration provides step-by-step guidance that firms can use to handle all aspects of an estates practice, from initial client intake to closing the file. Topics are defined in six parts for ease of use:

  • Preparation for Wills/Estate Planning Interviews
  • Interviewing Clients
  • Additional Estate Planning Issues
  • Estate Administration
  • Guardianship of Disabled or Incompetent Parents
  • Marketing Your Wills and Estate Administration Practice

November 13, 2015 in Books, Books - For Practitioners, Estate Administration, Wills | Permalink | Comments (0)