Wills, Trusts & Estates Prof Blog

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

Friday, December 2, 2016

Book on Burial Benefits for Veterans

Burial benefitsMary M. Markovich published a book entitled, Burial Benefits for Veterans and Their Family Members: Remembering Our Military with Respect, Honor, and Dignity (2014). Provided below is a summary of the book:

Burial Benefits for Veterans and their Family Members: Remembering our Military with Respect, Honor, and Dignity is an illustrated guidebook that explains the burial benefits that may be available for Veterans and their eligible family members. This book will give comfort and guidance to those individuals who are planning for their future burial or who have an immediate need. Families and friends of Veterans will learn about various types of burials and the memorial benefits available to celebrate and honor the lives of those who have served our country. The reader will find answers to frequently asked questions, such as:

  • What military burial benefits are available?
  • Where are Veteran’s cemeteries located?
  • Can Veterans without an Honorable Discharge be buried in a National Cemetery?
  • Who can be buried in Arlington National Cemetery?
  • Is it still possible for Veterans to be buried at sea?
  • Who do I contact for the burial?
  • How can my funeral director help me?

December 2, 2016 in Books, Books - For Practitioners, Death Event Planning, Estate Planning - Generally | Permalink | Comments (0)

Tuesday, November 8, 2016

Book on Practitioners Guide for Inherited IRAs

Inherited irasSeymour Goldberg recently published a book entitled, Inherited IRAs: What Every Practitioner Must Know, 2017 Edition (2016). Provided below is a summary of the book:

This is a new edition of Inherited IRAs, originally published by ABA Publishing in 2013 and then again in 2015. It updates the content to reflect changes recently enacted by Congress to laws governing inherited IRA accounts. In April 2016, the US Department of Labor issued a final fiduciary rule, which significantly affects advisors who render investment advice to Individual Retirement Account owners by expanding the "investment advice fiduciary" definition under the Employee Retirement Income Security Act of 1974 (ERISA) and modifying the complex of prohibited transaction exemptions for investment activities in light of that expanded definition, which has now rendered the 2015 edition of this book obsolete. This book instructs and informs lawyers representing estates on how best to handle the laws and compliance issues surrounding their clients’ investments.

November 8, 2016 in Books, Books - For Practitioners, Estate Planning - Generally | Permalink | Comments (0)

Monday, November 7, 2016

Book on Arbitration of Trust Disputes

Arbitration of trust disputesSI Strong & Tony Molloy recently published a book entitled, Arbitration of Trust Disputes: Issues in National and International Law (2016). Provided below is a summary of the book:

In recent years, numerous jurisdictions have seen a significant shift in thinking about whether and to what extent matters involving the inner workings of a trust - so-called 'internal' trust disputes between settlors, trustees, and beneficiaries - are amenable to arbitration. Not only are parties expressing an increased desire to minimize the cost and delay of hostile trust litigation, but courts and legislatures from around the world have begun to demonstrate an increased willingness to allow these sorts of disputes to go to arbitration. Indeed, legislation allowing internal trust arbitration now exists in a number of jurisdictions, while courts in other countries have begun to allow mandatory arbitration of these types of disputes even in the absence of subject-specific statutes.

This book discusses recent and anticipated developments concerning trust arbitration in a variety of domestic and cross-border settings. In so doing, the text not only provides necessary information about the special nature of national and international trust arbitration, it also bridges the gap between trust law and arbitration law by bringing together authors with expertise in both fields. Furthermore, this book is the first to provide detailed and critical analysis of various institutional initiatives in the area of trust arbitration (including measures proposed by the American Arbitration Association, the American College of Trust and Estate Counsel, the English Trust Law Committee, and the International Chamber of Commerce) and to offer in-depth coverage of various national, international, and comparative issues, including the applicability of the New York Convention and the Hague Trust Convention to internal trust arbitration. As a result, this book is a must-have for specialists in both trust law and arbitration law.

November 7, 2016 in Books, Books - For Practitioners, Current Events, Estate Planning - Generally, Trusts | Permalink | Comments (0)

Sunday, November 6, 2016

Maurice Sendak's Estate Mostly Wins Legal Battle Over Book Collection

SendakMaurice Sendak’s estate has emerged mostly victorious in its legal battle with Philadelphia’s Rosenbach Museum and Library, which held many of his original drawings and part of his book collection before he died in 2012. In probate court, the judge awarded a bulk of the book collection to the Sendak estate. Sendak’s will specifically stated that the drawings and most of the loaned items to the museum would remain the property of the Maurice Sendak Foundation, which would set up a facility to honor Sendak in his hometown. Ultimately, the probate court awarded 88 items to the Rosenbach and 252 to the Sendak estate.

 See Randy Kennedy, Maurice Sendak’s Estate Is Awarded Most of a Book Collection, N.Y. Times, November 1, 2016.

Special thanks to Lewis Saret (Attorney, Washington, D.C.) for bringing this article to my attention.  

November 6, 2016 in Books, Current Events, Estate Administration, Estate Planning - Generally, Wills | Permalink | Comments (0)

Saturday, November 5, 2016

Book on Trusts & Estate Planning in Israel

Trust and estate in israelAlon Kaplan recently published a book entitled, Trusts and Estate Planning in Israel (2016). Provided below is a summary of the book:

Trusts in Israel traces the trust concept in Israel from its historical roots, from early 20th century use for private and commercial purposes during the British Mandate, and to current use of Israeli trust law. The creation of trusts by law, by contract, by hekdesh deed (an Israel trust) and testamentary trusts are analysed.

Estate planning using the Hekdesh or testamentary trust and its tax implications, public and charitable trusts are explored, and special attention is given to trust protectors, privilege and confidentiality, court jurisdiction, arbitration, taxation and foreign trust recognition.

November 5, 2016 in Books, Books - For Practitioners, Current Events, Estate Planning - Generally, Trusts | Permalink | Comments (0)

Monday, October 3, 2016

Book on Arbitration of Trust Disputes

Arbitration of trust disputeSI Strong recently published a book entitled, Arbitration of Trust Disputes: Issues in National and International Law (2016). Provided below is a summary of the book:

In recent years, numerous jurisdictions have seen a significant shift in thinking about whether and to what extent matters involving the inner workings of a trust - so-called 'internal' trust disputes between settlors, trustees, and beneficiaries - are amenable to arbitration. Not only are parties expressing an increased desire to minimize the cost and delay of hostile trust litigation, but courts and legislatures from around the world have begun to demonstrate an increased willingness to allow these sorts of disputes to go to arbitration. Indeed, legislation allowing internal trust arbitration now exists in a number of jurisdictions, while courts in other countries have begun to allow mandatory arbitration of these types of disputes even in the absence of subject-specific statutes. 

This book discusses recent and anticipated developments concerning trust arbitration in a variety of domestic and cross-border settings. In so doing, the text not only provides necessary information about the special nature of national and international trust arbitration, it also bridges the gap between trust law and arbitration law by bringing together authors with expertise in both fields. Furthermore, this book is the first to provide detailed and critical analysis of various institutional initiatives in the area of trust arbitration (including measures proposed by the American Arbitration Association, the American College of Trust and Estate Counsel, the English Trust Law Committee, and the International Chamber of Commerce) and to offer in-depth coverage of various national, international, and comparative issues, including the applicability of the New York Convention and the Hague Trust Convention to internal trust arbitration. As a result, this book is a must-have for specialists in both trust law and arbitration law.

 

October 3, 2016 in Books, Books - For Practitioners, Books - For the Classroom, Estate Planning - Generally, Trusts | Permalink | Comments (0)

Monday, September 26, 2016

Book on Mediation for Estate Planners

MediationSusan N. Gary recently published a book entitled, Mediation for Estate Planners: Managing Family Conflict (2016). Provided below is a summary of the book:

This book represents an important new resource for attorneys to assist clients in resolving--and avoiding--disputes in an estate planning practice.

Estate planners and elder law practitioners are increasingly aware of the availability of mediation as a tool for resolving family disputes. Probate courts around the country are increasingly interested in encouraging parties to try mediation before resorting to litigation. But by the time a dispute reaches the probate court, damage to family relationships may have already occurred.

Mediation for Estate Planners: Managing Family Conflict provides the basic tools to understand and employ mediation within an estate planning practice and appreciate the usefulness of these alternative dispute resolution processes.

A lawyer familiar with mediation can help clients resolve disputes in a way that accomplishes the client's personal as well as legal goals. Written by an experienced team of attorneys and mediators, Mediation for Estate Planners:

  • Supplies the basic tools to understand and employ mediation within an estate planning practice
  • Provides guidance for lawyers in recommending mediation to clients at an early stage so that families are able to resolve disagreements with less damage to personal relationships
  • Offers perspectives from both the mediator and the lawyer
  • Considers the range of specific applications for mediation, including its use at the planning stage and after death; use in guardianship and conservatorship; end of life decision-making; and more
  • Examines and explains the ways that mediation can help in family business succession planning, and much more!

Topics are organized in these sections for ease of use and reference:

  • Understanding the essential elements of mediation
  • Practical perspectives
  • Specific applications in the estate planning and administration context
  • Mediator as consultant: family business succession planning
  • Arbitration
  • Resources for practice, including a Tool Kit, bibliography, and more

 

September 26, 2016 in Books, Books - For Practitioners, Books - For the Classroom, Elder Law, Estate Planning - Generally | Permalink | Comments (0)

Wednesday, September 21, 2016

Book on Inherited IRAs Now 50% Off

Inherited irasSeymour Goldberg’s book entitled, Inherited IRAs: What Every Practitioner Must Know, 2015 Edition is now 50% off. Provided below is a summary 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.

 

September 21, 2016 in Books, Books - For Practitioners, Books - For the Classroom, Estate Planning - Generally | Permalink | Comments (0)

Newest Edition of Contemporary Trusts and Estates

Trusts and estatesSusan N. Gary, Jerome Borison, Naomi R. Cahn, & Paula A. Monopoli’s newest edition of Contemporary Trusts and Estates, Third Edition will be available for Spring 2017 classes. Provided below is a summary of the book:

This third edition casebook captures the rapid evolution of doctrine in trusts and estates law that has occurred over the past half-century in response to profound societal and demographic changes. Influenced by recent developments in legal education, this casebook integrates legal analysis, judgment and perspective, ethics, and practice skills. It focuses simultaneously on the theoretical foundations and practical applications of the material, teaching students by using traditional case analysis, and innovative exercises. 

Professors and students will benefit from: 

  • Reorganized coverage of Wills before Trusts, beginning with an overview of the familial relationships at the core of all trusts and estates.
  • Extensive textual explanations that present the law and its many nuances. 
  • The inclusion of practice skills and exercises in response to recent ABA requirements.
  • Fact-based problems that required students to explore cases, the UPC, UTC, and other statutes, as well as the MRPC, in depth.
  • Document drafting, role-playing, and letter-writing-to-clients exercises. 
  • Numerous updates including:  Post-Obergefell v. Hodges developments for same-sex families, additional material on decanting and the new Uniform Trust Decanting Act, inclusion of the Uniform Powers of Appointment Act, discussion of planning for digital assets, and the Incorporation of 2016 ACTEC Commentary on the Model Rules.

September 21, 2016 in Books, Books - For Practitioners, Books - For the Classroom, Estate Planning - Generally, Trusts, Wills | Permalink | Comments (0)

Monday, September 19, 2016

University of Minnesota Law School Receives Historical Works on Wills & Estates

Law libraryThe University of Minnesota Law Library recently received a donation of rare law books from the collection of Raymond A. and Ruth A. Reister. The donation includes nearly 100 titles on inheritance, wills, and estates in Anglo-American law. Specifically, library patrons will now be able to benefit from works by William Blackstone and Francis Bacon along with a 16th-century treatise and humorous works on eccentric wills.

See Law Library Announces Gift of Important Historical Works on Wills and Estates, University of Minnesota Law School, June 17, 2016.

Special thanks to Joel Dobris (Professor of Law, UC Davis School of Law) for bringing this article to my attention.

September 19, 2016 in Books, Estate Planning - Generally, Wills | Permalink | Comments (0)