Wills, Trusts & Estates Prof Blog

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

Wednesday, February 1, 2017

Book on Trusts & Estate Planning in Israel

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

Trusts and Estate Planning 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.

 

February 1, 2017 in Books, Books - For Practitioners, Estate Planning - Generally, Trusts | Permalink | Comments (0)

Tuesday, January 31, 2017

Book on the Fundamentals of Guardianship

Fundamentals of guardianshipSally Balch Hurme recently published a book entitled, The Fundamentals of Guardianship: What Every Guardian Should Know (2017). Provided below is a summary of the book:

Serving as guardian is never simple or easy. Having the responsibility to make major life decisions for another is much more difficult than making decisions for oneself. Recent studies by the National Center for State Courts estimate that between one to two million adults are under court-supervised guardianship. The Administrative Conference of the United States estimates that approximately 75 percent of guardians are family members or friends. A constant refrain in multiple national studies and legislative reports is that once guardians are appointed they receive little instruction on how to carry out their responsibilities and have few resources to guide them.

Fundamentals of Guardianship is the much-needed, basic manual for new guardians that explains those roles and responsibilities. The court orders guardians to make decisions; Fundamentals of Guardianship explains how to make those decisions. It guides the new guardian step-by-step through the process of how to make responsible and ethic decisions, prudently manage another’s resources, avoid conflicts of interest, and involve the person under guardianship in the decision process. Fundamentals of Guardianship is the authoritative resource written by guardians with decades of experience and members of the National Guardianship Association.

This book will appeal to all who have been appointed as guardian or conservator, whether lawyer, family member, friend, volunteer, or public or private entity, as well as all those who serve vulnerable adults. Included on this list are judges, court administrators, law enforcement officials, adult protective services, social workers, health care providers, case managers, residential care administrators, long-term care ombudsmen, financial institutions, and financial advisors.

 

January 31, 2017 in Books, Books - For Practitioners, Estate Planning - Generally, Guardianship | Permalink | Comments (0)

Friday, January 27, 2017

Book on Law & Taxation of Charitable Gift Planning

VpgRussell James III recently published a book entitled, Visual Planned Giving: An Introduction to the Law & Taxation of Charitable Gift Planning (2017). Provided below is a summary of the book:

This book provides an introductory overview of the wide range of charitable gift planning topics with implications for income, capital gain, gift, estate and generation skipping transfer taxation, including elements of a gift, documentation requirements, valuation rules, income limitations, bargain sales, charitable gift annuities, charitable remainder trusts, charitable lead trusts, remainder interest deeds with retained life estate in homes and farms, life insurance, gifts of retirement assets, private foundations, and donor advised funds.

 

January 27, 2017 in Books, Books - For Practitioners, Estate Planning - Generally, Estate Tax, Generation-Skipping Transfer Tax, Gift Tax, Income Tax, Trusts | Permalink | Comments (0)

Thursday, January 12, 2017

Book on Mediation for Estate Planners

Mediation estate plannersSusan N. Gary recently published a book entitled, Mediation for Estate Planners (2016). Provided below is a summary of the book:

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. Written by a team of experienced attorneys and mediators, this book can assist lawyers in recommending mediation to clients, either at the planning stage or soon after a dispute surfaces, so that families may be able to resolve disagreements before entrenched positions are established.

The issues discussed in this book range from drafting mediation clauses for estate planning documents to using mediation to resolve probate and trust disputes; from bringing in a consultant with mediation training to addressing family business succession to assisting families dealing with guardianship and conservatorship issues; and from using mediation in hospital settings when families face difficult end of life decisions to using mediation to work through disputes between trustees and beneficiaries; and 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

January 12, 2017 in Books, Books - For Practitioners, Estate Planning - Generally | Permalink | Comments (0)

Tuesday, December 20, 2016

Book on Trusts and Estate Planning in Israel

Israel trusts and estatesAlon 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.

 

December 20, 2016 in Books, Books - For Practitioners, Estate Planning - Generally, Trusts | Permalink | Comments (0)

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)

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)