Wills, Trusts & Estates Prof Blog

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

A Member of the Law Professor Blogs Network

Friday, August 15, 2014

New Book on Asset Protection Planning

Asset Protection Planning GuideThe third edition of Barry S. Engel’s recently published Asset Protection Planning Guide, provides a comprehensive look at an array of estate planning tools, and provides useful tips and explanations for various methods of asset protection. Of the numerous topics covered, the guide includes discussion on domestic and foreign trusts, the implications of using gifts for estate planning, and the legal and ethical considerations for asset protection. Provided below is a description of this helpful guide from the author’s website:

As with the prior two editions of this planning Guide, the insights and strategies of leading asset protection attorney Barry S. Engel that appear in this Third Edition will prove to be an invaluable resource to planners of all degrees and pedigrees, and to their clients. It will help them master the multitude of planning vehicles available, understand the strengths and weaknesses of each, and achieve client planning goals.  The ideal reference for asset protection practitioners, estate planners, trust officers, tax practitioners, financial planners, CPAs and other wealth planners, the Guide covers every aspect of asset protection.

This 3rd Edition of the Guide contains over 800 pages of information, analysis, statutory law and case law relevant to the asset protection field.  It includes a myriad of new topics and updates, including:

    • Information on the new Uniform Asset Freezing Orders Act;
    • Tax developments under FACTA;
    • Income, gift and estate tax changes relevant to asset protection;
    • New domestic asset protection trust-style legislation;
    • Case law updates;
    • Expatriation tax law changes;
    • Updated practice tools;
    • Recent contempt of court decisions;
    • Anti-money laundering developments;
    • Service of process by email; and
    • Personal jurisdiction via an internet presence

August 15, 2014 in Books, Books - For Practitioners, Books - For the Classroom, Estate Planning - Generally, Non-Probate Assets, Trusts | Permalink | Comments (0) | TrackBack (0)

Monday, July 14, 2014

New Edition of Federal Taxation of Estates, Trusts and Gifts: Cases, Problems and Materials Released

Bloom2Ira Mark Bloom (Justice David Josiah Brewer Distinguished Professor of Law Albany Law School) and Kenneth F. Joyce (SUNY Distinguished Teaching Professor of Law Emeritus SUNY Buffalo Law School) have recently released the Fourth Edition of their outstanding casebook entitled Federal Taxation of Estates, Trusts and Gifts: Cases, Problems and Materials along with a comprehensive Teacher's Manual.

Here is the publisher's description of the book:

This new edition of Federal Taxation of Estates, Trusts and Gifts again blends a traditional casebook approach with a problem method, to develop student understanding of the relevant rule structure pertinent to the transfer of wealth. The transactional organization facilitates student comprehension by repeatedly exposing students to certain themes, such as reason for deductibility, taxation based on passage of economic benefit, and valuation. This Fourth Edition also uses structured problems to facilitate an understanding of the doctrinal framework, analytical processes, and policy issues.

Federal Taxations of Estates, Trusts and Gifts presents a comprehensive study of the tax aspects involved in the wealth transfer process: Chapter 1 provides indispensable background on the federal wealth transfer and related income tax systems. Chapter 2 provides an overview of each of the tax systems. Chapters 3, 4, and 5 outline the basic structure of the gift, estate, and generation-skipping transfer tax systems and include an examination of underlying policy questions. Chapters 6 through 13 explore how the transfer tax systems, plus the relevant income tax rules-especially the grantor trust provisions of subchapter J-apply to various transactions, most of which are in the nature of testamentary substitutes. The income taxation of estates and non-grantor trusts and their beneficiaries is comprehensively covered in Chapter 14. The book ends with Chapter 15, which provides options for reforming, as well as alternatives to, the tax systems.

The Fourth Edition contains not only the changes made by the American Taxpayer Relief Act of 2012 as well as more recent developments, but also highlights a variety of estate planning considerations. While relying on well-recognized leading cases, it also includes recent and significant cases, rulings, and regulations that either break new ground or expand on existing law.

July 14, 2014 in Books - For the Classroom, Estate Tax, Gift Tax | Permalink | Comments (0) | TrackBack (0)

Wednesday, May 14, 2014

Book on Family Property Law

Family Property BookThomas P. Gallanis recently published a book entitled, Gallanis’ Family Property Law, Cases and Materials on Wills, Trusts, and Estates, 6th Edition (April 2014). Provided below is a description of the book found on West Academic:

The Sixth Edition of this highly-regarded casebook continues its innovative emphasis on the connection between the law of trusts and estates and the changing American family. The Sixth Edition incorporates the most recent uniform acts from the Uniform Law Commission and the Third Restatements of the American Law Institute, and discusses the very latest "hot" topics, including trust protectors, directed trusts, trust decanting, family offices, and donor standing to enforce charitable trusts. The Sixth Edition also incorporates new important cases, such as the U.S. Supreme Court's decision in Hillman v. Maretta (2013). The authors of this book have long been at the forefront of law reform in trusts and estates, and this tradition continues under the authorship of Thomas Gallanis, who is the executive director of the Uniform Law Commission's Joint Editorial Board for Uniform Trust and Estate Acts. He was also an associate reporter for the Restatement Third of Trusts and has been the reporter of two uniform acts, most recently the Uniform Powers of Appointment Act (completed 2013). The Sixth Edition emphasizes problems and questions to facilitate classroom discussion and analysis. Among many other things, the book teaches doctrine and policy, planning and drafting, case analysis and statutory interpretation. The detailed teacher's manual includes extensive syllabi and notes for classroom teaching.  

May 14, 2014 in Books, Books - For the Classroom, Trusts, Wills | 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, 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)

Sunday, December 15, 2013

Book on Ethics in the Practice of Elder Law

EthicsElderRoberta K. Flowers and Rebecca C. Morgan recently published a book entitled, Ethics in the Practice of Elder Law, (January 2013).  Provided below is a description of the book found on the American Bar Association Web Store:

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 "Cs" of elder law ethics:

  • Competency: where to find guidance
  • Client: who is the client
  • Confidentiality: keeping confidences
  • Conflicts of interest: who can the elder law attorney represent
  • Capacity: representing clients who have diminished capacity
  • Control: representing guardians
  • Complex fiduciary representation
  • Consulting: litigation issues in an elder law practiceCompetition: ancillary practices and marketing

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.

December 15, 2013 in Books, Books - For the Classroom, Elder Law, Malpractice, Professional Responsibility | Permalink | Comments (0) | TrackBack (0)

Friday, November 8, 2013

New Casebook on Wills, Trusts, and Estates

Lawofsuccession

Danaya C. Wright (Levin College of Law, University of Florida) recently published a casebook entitled, The Law of Succession: Wills, Trusts, and Estates (2013).  Provided below is a description of the book from West Academic:

This is a completely new trusts and estates casebook and takes a new approach in its material and structure. The book includes a toolbox section, introducing students early on to the basics of wills, trusts, powers, joint tenancies, life insurance, and miscellaneous other forms. Thus, this book organizes material around planning properly, rather than around litigation. The book also covers barriers to succession, such as the rule against perpetuities, slayer statutes, revocation, and litigation (mental capacity, no-contest clauses, and the like). Rather than including long and lightly edited cases, this book utilizes several case squibs that illustrate different factual scenarios for each legal issue followed by the court’s decision and reasoning. The book also includes many statutes with lengthy analyses of the different types of statutes using the UPC as the primary model. The author also includes practice points, tax tips, and technology traps throughout the entire book. There are numerous problems throughout the materials, with the answers located at the back of the book.

November 8, 2013 in Books, Books - For the Classroom, Estate Planning - Generally, Trusts, Wills | Permalink | Comments (0) | TrackBack (0)

Friday, November 1, 2013

Book on Community Property and Matrimonial Law

Rachel Ambler and Bernard Reams recently published a book entitled, Texas Community Property and Matrimonial Law: Cases, Statutes, and Commentary (July 2013).  Provided below is a description of the book from Aspen Law:

With the frequency of community property law essays on the Texas Bar Exam, every law student should be encouraged to study community property law while in law school.  Texas Community Property & Matrimonial Law: Cases, Statutes, and Commentary is a comprehensive source for community property law.  With material from the Spanish colonial period to cases from 2012, this modern casebook is the most current and up-to-date available.  Material is explained in a direct and simple manner and supported by interesting and, often, entertaining cases.  Written by St. Mary’s University of Law Professor Bernard D. Reams, a member of the ALI, and Rachel Ambler, a Texas family law practitioner, the book is designed with a practical approach to give students a firm foundation for the practice of law in Texas. Designed as an introductory text, it can be used with or without a family law prerequisite.

 

 

November 1, 2013 in Books - For the Classroom, Estate Administration, Estate Planning - Generally, New Cases, New Legislation, Trusts, Wills | Permalink | Comments (0) | TrackBack (0)

Saturday, October 12, 2013

New Casebook on the Law of Trusts and Estates in Wisconsin

Wisconsinlawbook

Professor J. Gordon Hylton (Marquette University Law School) recently published a casebook entitled, Wisconsin Law of Trusts and Estates: Cases and Materials (August 2013).  Provided below is the description from Vandeplas Publishing:

This is a traditionally organized Trusts and Estates casebook that draws its materials exclusively from the case law and statutes of Wisconsin. The materials consist of judicial opinions from the Wisconsin Supreme Court, lower state courts, and federal courts operating in Wisconsin, as well as substantial materials taken from the current Wisconsin Statutes pertaining to probate, wills and intestacy, marital property, will substitutes, trusts, and fiduciary duties. A limited number of notes highlight the areas in which Wisconsin law departs from the national norm. As a consequence of the state specific focus of the text and the fact that cases are drawn from across the span of Wisconsin’s history, it is possible to see the way in which the law of wills and trusts (and professional responsibility) has responded to changing social circumstances and evolving patterns of wealth distribution.

October 12, 2013 in Books - For the Classroom, Estate Planning - Generally, Trusts, Wills | Permalink | Comments (0) | TrackBack (0)

Wednesday, September 18, 2013

New 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.

September 18, 2013 in Books, Books - For the Classroom | Permalink | Comments (0) | TrackBack (0)