Wills, Trusts & Estates Prof Blog

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

Monday, August 24, 2015

Updates Available for Popular T&E Related Law School Books

Bloom_TextsIra Bloom and Roger Andersen have prepared a 2015 Supplement for their co-authored work,  Fundamentals of Trusts and Estates (4th ed. 2012 LexisNexis). 

Ira Bloom and Ken Joyce have prepared a 2015 Supplement for their co-authored work,  Federal Taxation of Estates, Trusts, and Gifts (4th ed. 2014 LexisNexis).

August 24, 2015 in Books | Permalink | Comments (0)

Monday, August 17, 2015

Texas Estate Planning Statutes With Commentary -- 2015-2017 Edition Published

TEPS 2015Texas Estate Planning Statutes with Commentary: 2015-2017 Edition is a compilation of Texas statutes that are significant to law school and paralegal courses related to estate planning, such as wills and estates, trusts, estate planning, estate administration, probate, elder law, and guardianship.

Changes made by the 2015 Texas Legislature are printed in red-lined format to make the revisions easy for the reader to locate.

Many sections include carefully written commentary entitled Statutes in Context. These annotations provide background information, explanations, examples, and citations to key cases, which will assist the reader in identifying the significance of the statutes and how they operate.

August 17, 2015 in Books | Permalink | Comments (0)

Saturday, August 15, 2015

New Book On Working With Aging Clients

ArticleThe first edition of Working with Aging Clients: A Guide for Legal, Business, and Financial Professionals by Carolyn L Rosenblatt has recently been published and is available through ABA Book Publishing. Provided below is a description of the book:

Working with Aging Clients places a special focus on financial elder abuse as well as the capacity of financial decision making for seniors.  The author provides shrewd techniques to guide professionals in identifying, preventing or simply stopping financial elder abuse.

This book is an essential aging and financial resource, providing:

  • A look at aging clients from their point of view.
  • Insights from a seasoned geriatric nurse’s perspective that has expertly cared for seniors augmented by a litigator’s experience in representing elder clients and their best interests.
  • Principles with illustrations from actual cases, particularly diminished capacity.
  • Heightened consciousness surrounding age-related biases, myths, and stereotypes.
  • Proven strategies to resolve conflicts and valuable tips for successful elder-related mediation.
  • An easy roadmap for both legal and non-legal professionals who share an interest in better serving their aging clientele.

August 15, 2015 in Books, Elder Law, Estate Planning - Generally | Permalink | Comments (0)

Wednesday, August 12, 2015

Guide To International Estate Planning

Article PictureThe American Bar Association is currently selling the second edition of A Guide to International Estate Planning edited by Leigh-Alexandra Basha.  Here is the description from the ABA Web Store:

With the explosive growth in international investments, more and more lawyers and financial advisors realize the acute need to properly address critical issues of international estate planning for their clients. Whether you are counseling a foreign national or an American citizen, whether your practice is in the U.S. or abroad, whether you want to develop a general expertise in the area or are confronted by these issues on a more frequent basis, A Guide to International Estate Planning is a necessary and practical resource to help you identify and navigate many of the complex planning and regulatory compliance issues, both legal and tax, involved in international estate planning.

In addition to providing a complete overview of the basic principles and procedures of international asset management from addressing the conflict of laws issues that are central in determining which country_s laws will govern the disposition of a donor or decedent_s wealth to the basic transfer tax rules for nonresident aliens, U.S. citizens, and resident aliens,_ this resource teaches you proven strategies, techniques, and practical applications you can use to effectively meet your client_s international estate planning needs. The book'_s 22 chapters are written by trust and estate lawyers with significant experience in international issues. Their advice goes beyond simply highlighting basic issues in estate planning as they also focus on key issues as compliance, treaty, choice of law, and estate administration problems. This updated edition now includes chapters on FATF and anti-money laundering and offshore compliance, as well as chapters from several foreign jurisdictions to provide comparative insights on different topics.

August 12, 2015 in Books, Estate Planning - Generally | Permalink | Comments (0)

Friday, August 7, 2015

New Book On Inherited IRA Management

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

Many taxpayers have accumulated considerable assets in their retirement accounts. These assets may be in their 401(k), or other types of qualified retirement plans.  Many will roll over their retirement assets from an employer-sponsored retirement plan into a rollover IRA without a full understanding of the implications to their beneficiaries. In these situations, oversight can result in a morass of penalties about which a less-informed practitioner may be completely unaware.

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.

August 7, 2015 in Books, Estate Administration, Estate Planning - Generally | Permalink | Comments (0)

Thursday, August 6, 2015

New Book On Working With Aging Clients

ArticleThe first edition of Working with Aging Clients: A Guide for Legal, Business, and Financial Professionals by Carolyn L Rosenblatt has recently been published and is available through ABA Book Publishing. Provided below is a description of the book:

The U.S. population is aging and most professionals will encounter more and more clients who are seniors.  This book provides practical insights and strategies to help lawyers, business, and financial professionals address aging biases and successfully accommodate the needs of this growing clientele.

Working with Aging Clients places a special focus on financial elder abuse as well as the capacity of financial decision making for seniors.  The author provides shrewd techniques to guide professionals in identifying, preventing or simply stopping financial elder abuse.

This book is an essential aging and financial resource, providing:

  • A look at aging clients from their point of view.
  • Insights from a seasoned geriatric nurse’s perspective that has expertly cared for seniors augmented by a litigator’s experience in representing elder clients and their best interests.
  • Principles with illustrations from actual cases, particularly diminished capacity.
  • Heightened consciousness surrounding age-related biases, myths, and stereotypes.
  • Proven strategies to resolve conflicts and valuable tips for successful elder-related mediation.
  • An easy roadmap for both legal and non-legal professionals who share an interest in better serving their aging clientele.

August 6, 2015 in Books, Elder Law, Estate Planning - Generally | Permalink | Comments (0)

Sunday, August 2, 2015

New Book On Planning For Art Collectors

ArticleThe first edition of Handbook of Practical Planning for Art Collectors and Their Advisors by Ramsay H. Slugg has recently been published and is 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.

Handbook of Practical Planning for Art Collectors and Their Advisors is accessible to all levels of knowledge, and is designed not only to trusts and estates professionals who have clients who collect art, but also for the art collectors themselves as well as the many other professionals involved, including art advisors, risk management advisors, valuation advisors, and financial planners.

August 2, 2015 in Books, Estate Planning - Generally | Permalink | Comments (0)

Friday, July 31, 2015

New Book On Working With Aging Clients

Article PictureThe first edition of Working with Aging Clients: A Guide for Legal, Business, and Financial Professionals by Carolyn L Rosenblatt has recently been published and is available through ABA Book Publishing. Provided below is a description of the book:

Working with Aging Clients places a special focus on financial elder abuse as well as the capacity of financial decision making for seniors.  The author provides shrewd techniques to guide professionals in identifying, preventing or simply stopping financial elder abuse.

This book is an essential aging and financial resource, providing:

  • A look at aging clients from their point of view.
  • Insights from a seasoned geriatric nurse’s perspective that has expertly cared for seniors augmented by a litigator’s experience in representing elder clients and their best interests.
  • Principles with illustrations from actual cases, particularly diminished capacity.
  • Heightened consciousness surrounding age-related biases, myths, and stereotypes.
  • Proven strategies to resolve conflicts and valuable tips for successful elder-related mediation.
  • An easy roadmap for both legal and non-legal professionals who share an interest in better serving their aging clientele.

July 31, 2015 in Books, Estate Administration, Estate Planning - Generally | Permalink | Comments (0)

Thursday, July 30, 2015

New Book On Guardianship Alternatives

Article PictureThe second edition of Contingency Planning has recently been published and is now entitled, A Road Map to Guardianship Alternatives, by Sarah Patel Pacheco, and available through Texas Bar Books. Provided below is a description of the book:

Texas guardianship proceedings can be intrusive, burdensome and costly. Practitioners should be aware of the many alternatives to guardianship that are available to Texas residents. This guide provides an overview of those alternatives, including specific forms that can be used to avoid a court-supervised administration of affairs.

 A Road Map to Guardianship Alternatives, previously published as Contingency Planning, is intended to support practitioners in every area by providing knowledgeable and cost-effective legal support to families making plans for financial and medical care. This useful handbook has been expanded and updated to reflect legislative changes that have occurred since the previous publication.

The book is organized to easily direct both general practitioners and seasoned estate planning attorneys through situations in which the time and expense of creating a guardianship is not in the best interest of the client. It alerts practitioners to events that may be anticipated, such as travel, planned surgery, and administering the assets of minors or the infirm.

July 30, 2015 in Books, Estate Planning - Generally, Guardianship | Permalink | Comments (0)

Tuesday, July 28, 2015

Fat Cats & Lucky Dogs: How to Leave (some of) Your Estate to Your Pets

Fat catsIn this audio interview with Peggy Hoyt I discuss my book, ‘Fat Cats & Lucky Dogs: How to Leave (some of) Your Estate to Your Pets.’  This interview explores the ways people can plan for the well-being of their pets after they pass away.  Pet trusts have been gaining in popularity within the United States; today all fifty states now have some sort of pet trust statute with Louisiana and Minnesota being the most recent.  I go over the history of how Pet Trust Statutes developed and the ways people can use them to make sure their beloved pets are provided for.  This interview will hopefully give people the information they need to provide for their pets after they die.  No one wants their beloved companion to be sent to the shelter to walk the green mile after they pass away.

See Peggy Hoyt and Gerry Beyer, Planning for Your Pet with Gerry Beyer on All My Children Wear Fur Coats, blogtalkradio: Natures Channel, July 27, 2015. 

July 28, 2015 in Books, Books - For Practitioners, Estate Planning - Generally, Trusts, Wills | Permalink | Comments (0)