Monday, October 3, 2016
SI 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.
Monday, September 26, 2016
Susan 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
- Resources for practice, including a Tool Kit, bibliography, and more
Wednesday, September 21, 2016
Seymour 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.
Susan 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.
Thursday, September 15, 2016
Melanie B. Leslie & Stewart E. Sterk recently published a book entitled, Leslie and Sterk’s Trusts and Estates, 3d (Concepts and Insights Series) (2016). Provided below is a summary of the book:
The Third Edition of Concepts and Insights on Trusts and Estates makes complex doctrinal rules easier to understand by exploring the history and rationale behind those rules. The analysis is thorough, and focuses both on common law doctrines and statutory reforms—with an emphasis on the Uniform Probate Code and the Uniform Trust Code. Each substantive chapter closes with a set of exam-like problems designed to test understanding of the material included in the chapter. The authors also include thorough solutions to each of these problems. This is the only book in the field that combines thorough doctrinal analysis with more than 60 review problems, each with complete solutions.
Wednesday, February 18, 2015
I recently published the sixth edition of Examples & Explanations: Wills, Trusts, and Estates. This book is a favorite among successful students and often recommended by professors. By giving an extremely clear introduction to concepts, followed by realistic examples, any student can deepen their understanding of wills, trusts and estates. Designed to complement the casebook, this Examples & Explanations gets right to the point in a conversational, often humorous style designed to help each student prepare for the exam at the end of the course.
This unique, time-tested series is an invaluable tool to have. This guide:
- helps you learn new material by working through chapters that explain each topic in simple language
- challenges your understanding with hypotheticals similar to those presented in class
- provides valuable opportunity to study for the final by reviewing the hypotheticals as well as the structure and reasoning behind the corresponding analysis
- quickly gets to the point in conversational style laced with humor
- remains a favorite among law school students
- is often recommended by professors who encourage the use of study guides
- works with ALL the major casebooks, suits any class on a given topic
- provides an alternative perspective to help you understand your casebook and in-class lectures
Wednesday, November 26, 2014
Real Life Legal publishes concise booklets designed to provide non-lawyers with straight-forward information on a variety of legal topics including several relevant to estate planning.
Real Life Legal is making these books available for free download from December 1 through December 3 of this year. For more information, download their press release by clicking on this link.
Friday, October 17, 2014
A new casebook by Raymond C. O'Brien (Catholic-D.C.) & Michael T. Flannery (Arkansas-Little Rock) entitled The Fundamentals of Elder Law, Cases and Materials will be available October 25, 2014 and may be pre-ordered now. Provided below is a description of this new book:
This casebook contains the fundamentals for a lively, contemporary course in elder law. It emphasizes illustrative factual cases and statutes, and is supported by materials from elder law practitioners and statistical data. It is distinctive in its emphasis upon state and federal court decisions, not simply recitation of statutory provisions. Elder law is of burgeoning historical and social importance. Statistics indicate that by 2030 almost one-fifth of all Americans will be 65 or older. Among the legal issues pertinent to an aging population are estate planning objectives in the context of possible incapacity, integrating nonprobate and probate transfers, asset protection planning, philanthropy and dynasty options, and beneficial tax planning. Recently enacted statutes provide guidance in personal health care decision-making and designating guardians and surrogates to exercise authority when needed. And clients and institutions require legal assistance to navigate federal benefits such as Medicare, Social Security, Veterans Benefits, and the interaction of state-federal Medicaid opportunities. Statistics also indicate that almost two-thirds of all individuals over age 65 will need some form of long-term care. For many, the choices will involve home care or some form of institutional care, with payment derived from private funds, insurance, or government assistance. All of these options will involve legal parameters.
Friday, August 15, 2014
The 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
Monday, July 14, 2014
New Edition of Federal Taxation of Estates, Trusts and Gifts: Cases, Problems and Materials Released
Ira 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.