Wills, Trusts & Estates Prof Blog

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

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Thursday, March 27, 2014

Book on International Estate Planning: A Reference Guide

International Estate Planning Barbara Hauser recently published a book entitled, International Estate Planning: A Reference Guide, (August 2013).  Provided below is a description of the book found on the Juris Publishing, Inc. Web Store:

International Estate Planning is a practical and authoritative guide to a tremendously complex field. It provides indispensable information to lawyers, accountants, and other practitioners who work on estate planning with clients who have issues involving other countries. The book is divided into two main parts: Part One addresses the tax issues; Part Two addresses the non-tax issues. The focus of the book is on estate planning to avoid wealth transfer taxes with references to income taxes.

Topics include clients who may:
• Own homes outside the U.S.
• Have children or parents who live in other countries
• Have a spouse who is not a citizen
• Work for a multinational corporation in an office abroad
• Be “foreigners” who have investments in the United States

 

March 27, 2014 in Books, Estate Planning - Generally, Travel | Permalink | Comments (0) | TrackBack (0)

Wednesday, March 26, 2014

Book on Elder Law Ethics

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Roberta K. Flowers & Rebecca C. Morgan recently published an article entitled, Ethics in the Practice of Elder Law, sponsored by the Section of Real Property, Trust and Estate Law.  Provided below is a synopsis of the book:

In an elder law practice, ethical issues can occur at any point in the representation, and in some cases these unexpected situations can take the attorney by surprise. Ethics in the Practice of Elder Law provides an informed overview of the most common issues that can occur, explains the issues that can arise and how to be alert for them, and suggest ways to work through these issues effectively and ethically.

Authors Roberta K. Flowers and Rebecca C. Morgan offer a range of hypothetical situations, along with a series opening questions for each, followed by a discussion suggestions for analyzing and responding to the issue. These discussions offer a reliable framework for analyzing the ethical questions within the scope of the Model Rules and ancillary resources.

The authors give readers the knowledge to determine which questions to ask in the representaiton. They refer to and discuss the 9 "C_s" of elder law ethics: Competency, Client, Confidentiality, Conflicts of interest, Capacity, Control, Complex fiduciary representation, and Consulting.

Ethics in the Practice of Elder Law provides invaluable information as appendices, including the National Academy of Elder Law (NAELA) Aspirational Standards, relevant ABA ethics opinions, and a range of supplemental resources, checklists, and letters.

March 26, 2014 in Books, Books - For Practitioners, Elder Law, Professional Responsibility | Permalink | Comments (0) | TrackBack (0)

Monday, March 24, 2014

Book on the Fundamentals of Trust Accounting Income and Principal Rules

Book FOTAIPSeymour Goldberg recently published a book entitled, Fudamentals of Trust Accounting Income and Principal Rules, (February 2014).  Provided below is a description of the book found on the American Bar Association Web Store:

If you are one of the 10,000 New York attorneys involved in trust drafting, tax planning, estate planning, trust accounting, trust litigation or elder law planning, you need this book. Here's the user manual on the trust accounting income and principal rules that you've been looking for, written from a practical application standpoint. It's doubly applicable to any lawyers who drafts trust documents. In it you'll find full guidance on:

  • The Uniform Principal and Income Act (UPAIA)
  • The power to adjust (PTA) and the unitrust conversion

Any practitioner who is involved in trust drafting or trust litigation, or who prepares fiduciary income tax returns or trust accountings, must become aware of these revised trust rules in order to avoid potential malpractice and/or ethics issues. If you're involved in trust drafting in New York State, this is an essential addition to your library.

March 24, 2014 in Books, Books - For Practitioners, Books - For the Classroom, Trusts | Permalink | Comments (0) | TrackBack (0)

Friday, March 7, 2014

Texas Probate System

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You can now preorder Texas Probate System (4th ed.), edited by James E. Brill and Russell W. Hall.  Provided below is the description from Texas Bar Books:

The new 4th edition of the Texas Probate System is based on the new Texas Estates Code, which superseded the Texas Probate Code effective January 1, 2014. In the new Estates Code, sections of the Probate Code relating to decedents have been substantially reorganized and renumbered.

The new edition of the Texas Probate System—

  • incorporates new Estates Code citations, terminology, and statutory requirements, including changes from the most recent legislative session
  • adds procedures, including necessary forms and letters, for implementing independent administration by agreement in both testate and intestate estates.

The Texas Probate System will become the cornerstone of your probate law practice. From the initial contact with a client to the closing of the estate, this System will be in constant use, providing a step-by-step guide to the efficient handling of a decedent’s estate.

The Texas Probate System includes:

  • Letters of a standard, routine, and repetitive nature
  • Forms to be prepared for court proceedings
  • Worksheets designed to guide you through proper decisions, to make calculations, or to maintain a single summary record of multiple related transactions
  • Significant Date List to assist you in calculating and recording important dates for all proceedings
  • Checkplan containing a checklist of all activities to be considered and performed in handling a decedent’s estate.

 

March 7, 2014 in Books, Books - For Practitioners | Permalink | Comments (1) | TrackBack (0)

Friday, February 21, 2014

Book on Community Property

Community propertyCharlotte Goldberg recently published a book entitled, Community Property, (August 2013).  Provided below is a description of the book from Aspen Law:

With a unique, comparative approach and a problem-based pedagogy, Community Property helps students grasp the different ways each community property state address issues. The book follows a hypothetical couple, presenting issues such as premarital agreements, separate property business, divorce, and the like, and shows how each of the nine community property states would analyze the problem with statutes and representative cases. Interesting, accessible, contemporary cases illustrate important principles, and helpful charts in every chapter summarize how each community property state treats the concepts. Author Charlotte Goldberg has over thirty years of teaching experience and writing expertise; she is the author of the successful Examples & Explanations: California Community Property, as well as numerous law review articles on family law and marital property. Community Property’s manageable length makes it perfect for two-credit courses. Well-crafted Problems and Discussion Questions help students test their knowledge and facilitate class discussion, and a comprehensive Teachers Manual includes answers to questions and problems as well as teaching suggestions.

February 21, 2014 in Books, Books - For Practitioners, Books - For the Classroom, New Cases, New Legislation, Teaching | Permalink | Comments (0) | TrackBack (0)

Tuesday, February 18, 2014

Article on Digital Music and E-book Libraries

LexisEmily Stutts (SMU Science & Technology Law Review) has recently published an article entitled, Will Your Digital Music and E-book Libraries "Die Hard" With You?: Transferring Digital Music and E-books Upon Death16 SMU Sci. & Tech. L. Rev. 371. Provided below is the introduction to the article:

If anyone should be concerned about his music collection after death, Bruce Willis should. The famous action film hero is one "Die Hard stunt-gone-wrong" from his demise, so it is unsurprising recent tabloids reported (perhaps falsely) Mr. Willis is concerned about what will happen to his vast digital music collection (reportedly valued at over $ 64,000) upon his death. 1 True or not, Mr. Willis and the rest of the world's digital purchasers have every right to be concerned.

Digital music sales soared in 2011. Consumers spent $ 5.2 billion on digital music downloads, an 8% increase from 2010. 2 iTunes, one of the world's most popular digital music mediums, led all music retailers in the second quarter of 2012 with 29 % share of the retail music market. 3 Amazon ranked second with 16% of the retail music market; Wal-Mart was third with an 11% market share. 4 iTunes now boasts a total of 28 million songs available for download, further indicating digital music's foothold on the market. 5

In addition to the digitization of music, retailers are increasingly selling books in digital form. In fact, electronic book (hereinafter "e-book") sales recently surpassed hardcover sales: "The Association of American Publishers... reported that in the first quarter of 2012, adult e-book sales were up to $ 282.3 million while adult hardcover sales came to only $ 229.6 million." 6 This finding was up from the first quarter of 2011, when hardcover sales ...

 

 

February 18, 2014 in Articles, Books, Music, Technology | Permalink | Comments (0) | TrackBack (0)

Thursday, February 13, 2014

Book on International Estate Planning, Second Edition

International.estateLeigh- Alexandra Basha recently edited a book entitled, A Guide to International Estate Planning, Second Edition. (January 2014).  Provided below is a description of the book the American Bar Association:

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 countrys laws will govern the disposition of a donor or decedents 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 clients 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.

    • Part I: Overview
    • Part II: Wills, probate, and administration
    • Part III: Marital and family rights
    • Part IV: Special tax considerations
    • Part V: U.S. tax treaties
    • Part VI: Trusts and alter/native vehicles for the international and offshore client
    • Part VII: Considerations pertaining to particular foreign jurisdictions
  •    Part VIII: Consderations of ethics, transparency, and asset protection in a global world

February 13, 2014 in Books, Estate Planning - Generally, Travel | Permalink | Comments (1) | TrackBack (0)

Friday, January 31, 2014

Book for Family Survivors

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Sally Balch Hurme recently published a book entitled Checklist for Family Survivors.  Provided below is a description from ABA Web Store:

A practical resource for dealing with family matters upon death, this first-of-its-kind publication from the American Bar Association and AARP - the nation's leading associations in the law and the advancement of issues that matter most to people 50+ and their families - helps answer the myriad of questions surrounding what needs to be done following a loved one's passing. This must-have book guides you through the steps to wrap up the personal and financial affairs of the loved one who died. Although the ABA/AARP Checklist for Family Survivors: A Guide to Practical and Legal Matters When Someone You Love Dies does not provide legal advice, it does include legal reasons, implications and complications that cover a variety of questions loved ones face upon death. In each chapter, you'll find convenient checklists to help guide you through the difficult time. Chapter topics include:

  • Applying for survivors benefits    
  • Checking on insurance benefits   
  • Sorting through the stuff     
  • Getting ready for probate   
  • Taking care of yourself  
  • And more! 

The ABA/AARP Checklist for Family Survivors is not intended as a sit-down-and-read book. It is a workbook designed to help you understand what you need to do following a loved one's death guided by simple yet thorough forms. Whether you fill in the forms in the book or use the CD-ROM included in the back cover, you can take comfort in knowing that the matters upon a loved one's death can be handled with ease.

While there are a number of books directed to the widow on matters of grief and financial planning, this is the first - from AARP and the American Bar Association's Senior Lawyers Division- comprehensive guide that answers questions for family survivors in one straightforward book.

January 31, 2014 in Books, Death Event Planning | Permalink | Comments (0) | TrackBack (0)

Friday, January 24, 2014

The Kidney Sellers

Kidneysellers

Sigrid Fry-Revere recently published a book entitled, The Kidney Sellers: A Journey of Discovery in Iran.  Provided below is the description from Carolina Academic Press:

Rarely does an adventure story carry such social significance as in this groundbreaking ethnographic research book. Dr. Fry-Revere’s exploration of the medical ethics of compensating organ donors takes us deep inside Iranian culture to provide insight and understanding into how Iran has solved its kidney shortage. The Kidney Sellers: A Journey of Discovery in Iran addresses the question: How it is possible that in Iran there is a waiting list to be a donor, while in the United States hundreds of thousands of people have died­ for lack of a kidney?



Dr. Fry-Revere is the first Westerner ever to witness firsthand Iran’s organ procurement system. She shares what she discovered in this fascinating book: part diary of living in a dangerous country, part ethnographic essay, and part tale of people working together to overcome death and financial ruin. The Kidney Sellers is a shocking, thought-provoking true story.


January 24, 2014 in Books, Disability Planning - Health Care | Permalink | Comments (0) | TrackBack (0)

Friday, January 17, 2014

International Estate Planning Guide

Basha

The 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.

January 17, 2014 in Books, Books - For Practitioners, Estate Planning - Generally, Travel | Permalink | Comments (0) | TrackBack (0)