Wills, Trusts & Estates Prof Blog

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

Thursday, February 4, 2016

Call for Contributions - Feminist Judgments: Rewritten Tax Opinions

The U.S. Feminist Judgments Project seeks contributors of rewritten judicial opinions and commentary on those opinions for an edited collection entitled Feminist Judgments: Rewritten Tax Opinions. This edited volume, to be published by Cambridge University Press, is part of a collaborative project among law professors and others to rewrite, from a feminist perspective, key judicial decisions. The initial volume, Feminist Judgments: Rewritten Opinions of the United States Supreme Court, edited by Kathryn M. Stanchi, Linda L. Berger, and Bridget J. Crawford, will be published in 2016 by Cambridge University Press. (That book’s Introduction and Table of Contents are available here.) Subsequent volumes in the series will focus on different courts or different subject matters. This call is for contributions to a volume of tax decisions rewritten from a feminist perspective.

Tax volume editors Bridget Crawford and Anthony Infanti seek prospective authors for 8 to 10 rewritten tax-related opinions covering a range of topics. Authors are welcome to suggest cases of their own choosing or to consult the editors or others for ideas. All tax-related cases are appropriate for rewriting. Possible cases from U.S. courts are listed here, but that is not an exhaustive list. Cases may come from any jurisdiction and any court, including non-U.S. jurisdictions. The volume editors conceive of feminism as a broad movement concerned with justice and equality, and welcome proposals to rewrite cases in a way that bring into focus issues such as gender, race, class, disability, sexual orientation, national origin, and immigration status.

As the core of the Feminist Judgments Project is judicial opinions, proposals must be either to (1) rewrite a case (not administrative guidance, regulations, etc.) or (2) comment on a rewritten case. Rewritten opinions may be re-imagined majority opinions, dissents, or concurrences, as appropriate to the court. Feminist judgment writers will be bound by law and precedent in effect at the time of the original decision (with a 10,000 word maximum for the rewritten judgment). Commentators will explain the original court decision, how the feminist judgment differs from the original judgment, and what difference the feminist judgment might have made (4,000 word maximum for the commentary). Commentators and opinions writers who wish to work together are welcome to indicate that in the application.

In suggesting possible cases for rewriting, the volume editors have had the input and advice of an Advisory Panel of distinguished U.S. scholars including Alice Abreu (Temple), Patricia Cain (Santa Clara), Joseph Dodge (Florida State), Mary Louise Fellows (Minnesota), Wendy Gerzog (Baltimore), Steve Johnson (Florida State), Marjorie Kornhauser (Tulane), Ajay Mehrotra (American Bar Foundation, Northwestern), Beverly Moran (Vanderbilt), Richard Schmalbeck (Duke), Nancy Shurtz (Oregon), Nancy Staudt (Washington University), and Lawrence Zelenak (Duke).

The U.S. Feminist Judgments Project approaches revised judicial opinion writing as a form of critical socio-legal scholarship. There are several world-wide projects engaged in similar efforts, including the U.K.-based Feminist Judgments: From Theory to Practice (2010); Australian Feminist Judgments: Righting and Rewriting Law (2014); the Women’s Court of Canada; ongoing projects in Ireland, New Zealand, and a pan-European project; and other U.S.-based projects currently under way.

Those who are interested in rewriting an opinion or providing the commentary on one of the rewritten tax cases should fill out an application here.

Applications are due by February 29, 2016 at 5:00 p.m. eastern. Editors expect to notify accepted authors and commentators by April 15, 2016. First drafts of rewritten opinions will be due on August 15, 2016. First drafts of commentary will be due on September 15, 2016.

February 4, 2016 in Conferences & CLE, Scholarship | Permalink | Comments (0)

CLE On Advanced Planning And Probate In Texas For 2016

CLEThe State Bar of Texas is hosting a CLE entitled, Advanced Estate Planning and Probate 2016, which will take place on June 22-24, 2016 at the La Cantera Hill Country Resort in San Antonio. Provided below is a description of the event:

If you are a Real Estate Probate and Trust Law Section member, you can save up to $100! ($25 provided by REPTL) Not a member? You can join today!

Hot Topics:
Directed Trusts
Will Reformations and Will Constructions
Criminal Aspects of Guardianship
Bringing the Bling to Your Presentation
International Estate Planning
Pre-Trial Tricks, Traps, and Opportunities

Registrants of the advanced course will receive the following benefits:
Continental breakfast and lunch provided each day
Networking socials on Wednesday and Thursday evening
Complimentary self-parking at all sites
Complimentary wireless signal in the meeting room
Complimentary online registration for the Attorney Ad Litem Certification for Guardianship Proceedings

February 4, 2016 in Conferences & CLE, Estate Administration, Trusts, Wills | Permalink | Comments (0)

Friday, January 29, 2016

CLE On Restoring Rights To Adult Wards After Guardianship

CLEThe American Bar Association is presenting a CLE entitled, Ending Guardianship: Handling Termination of Adult Guardianship Orders and Restoration Rights, which will take place on March, 2016, from 1:00-2:30PM Eastern. Provided below are some details about the event:

Adult guardianship generally continues until death, but it may be modified or terminated by the court upon a finding that the person has regained capacity or has sufficient decision-making supports. Upon termination of the order, the person is "restored" to capacity and to the exercise of decision-making and fundamental rights. However, once a court appoints a guardian, it can be challenging to terminate or modify the order. Many orders continue unnecessarily, depriving adults of self-determination and liberty, even when they may have the support to make their own choices. This webinar will feature results from a pioneering 2014 ABA Commission on Law and Aging study of termination and restoration, including statutory and case law, as well as input from judges and attorneys. Building on this foundation, two experienced disability law attorneys will discuss their experiences and highlight useful practices in winning a case to modify or terminate a guardianship order and restore the rights of adults with disabilities, including older adults.

January 29, 2016 in Conferences & CLE, Guardianship | Permalink | Comments (0)

Thursday, January 28, 2016

Announcing the Estate Planning & Community Property Law Journal's Eighth Annual Seminar


I am posting the below on behalf of the Texas Tech University School of Law's Estate Planning & Community Property Law Journal:

Please join us for the eighth annual Estate Planning and Community Property Law Journal CLE & Expo to be held on March 4, 2016 in Lubbock, Texas.

We have speakers coming from all over the state and nation including:

Professor Gerry Beyer (Case Law Update)

Professor Paula Monopoli (Whither the Marital Presumption for Inheritance Law after Obergefell)

Professor Russell James (Wills that Won't)

Professor William LaPiana (Same-Sex Marriage and the Road to Nationwide Recognition)

Professor Nancy McLaughlin (Conservation Easements: Contemporary Issues and Challenges

Craig Hopper (Legislative Update)

Marjorie Stephens (Legacy Planning)

Darren Moore (Care and Feeding of Private Foundations and Public Charities).

This event will be held at the Texas Tech School of Law and will include 6.75 hours of MCLE credit including 1.25 hours of ethics credit for CPAs and attorneys.

For more information or to register please visit http://eventregistration.law.ttu.edu/estateplanning/2016.

January 28, 2016 in Conferences & CLE | Permalink | Comments (0)

CLE On Special Needs Trusts

CLEThe University of Texas School of Law is presenting a CLE entitled,12th Annual Changes and Trends Affecting Special Needs Trusts, February 4-6, 2016, at the Radisson Hotel and Suites in Austin-Downtown.  Here are some details about the event:

The 12th Annual Changes and Trends Affecting Special Needs Trusts brings together nationally recognized professionals in the SNT field, features the latest updates and hot topics, and offers a great set of materials including sample forms, drafting tips, sample language and resources. This year’s program includes:
  • A special presentation from the Social Security Administration’s Regional Trust Review Team with must-have insight on the review process and opinions on amending trusts; plus Neal Winston with advice and tips for practitioners in handling the trust review process
  • Updates on recent Texas legislation, including the possible impacts of new Supported Decision-Making Agreement Act, and exploration of the Texas ABLE Act with Stephen W. Dale
  • A review of special needs trusts basics, including essential drafting tips and clauses from Craig C. Reaves; and the fundamental rules for protecting you client’s eligibility for SSI and Medicaid
  • Current issues and trends from the Texas Health and Human Services Commission (HHSC)
  • Discussion on SNTs and tax planning, as well as a specific guidance on IRAs and SNTs
  • An exploration of veteran’s benefits and their impact on SNT planning
  • An in-depth look at the value of consulting with an SNT attorney in winding up PI litigation to preserve benefits and avoid unintended consequences with Patricia F. Sitchler
  • Earn up to 2.50 hours of ethics, plus network with program faculty and attendees at the Thursday Evening Reception

January 28, 2016 in Conferences & CLE, Disability Planning - Health Care, Disability Planning - Property Management, Trusts | Permalink | Comments (0)

Thursday, January 21, 2016

CLE On Texas Wills And Probate In 2016

CLEThe State Bar of Texas is sponsoring a CLE entitled Building Blocks of Wills Estates and Probate 2016 scheduled to take place on Friday, January 29, 2016 from 8:30AM to 4:45PM Central, online. Here are some details about the event:

New and experienced attorneys alike with an interest in starting or developing their estate planning and probate practice will find this year's live webcast useful to their practice. Our distinguished group of speakers who are experts in their field, will discuss the best solutions to many of the legal issues and practical problems that practitioners in this area will encounter daily.They will answer any questions you email in during the live webcast. Also, invaluable reference materials are included that will keep you and your practice current on the basics of estate planning, probate, Medicaid and practice management.

If you are unable to watch the live webcast on January 29th, video replays will be held in various cities in February and March, with a webcast replay on March 9th. The entire seminar will be archived later as an online class available on demand.

January 21, 2016 in Conferences & CLE, Trusts, Wills | Permalink | Comments (0)

Saturday, January 9, 2016

Request for Proposals -- ACTEC Foundation 2017-2018 Academic Symposium

ACTECThe Legal Education Committee of the American College of Trust and Estate Counsel (ACTEC) requests proposals for a $20,000 grant to host an academic symposium on trust and estate law during the 2017-18 academic year.

The ACTEC Foundation Symposium is intended to be the premier academic symposium on trust and estate law in the United States. The goals of the symposium are to stimulate development of scholarly work in trust and estate law, bridge the gap between the academic community and practitioners, provide opportunities for junior academics to present papers and interact with more senior academics, provide an opportunity for trust and estate professors to interact with each other, involve academics from other disciplines in discussions of trust and estate topics, and strengthen ACTEC’s image as the leading organization for trust and estate lawyers, both practitioners and academics.

The grant associated with this RFP is contingent on approval by the ACTEC Foundation.

RFPs are due by Monday, May 2, 2016, and will be considered by the Symposium Subcommittee of the ACTEC Legal Education Committee at ACTEC’s Summer Meeting in Boston, Massachusetts, in June 2016. Please submit RFPs (RFP content and guidelines are set forth below) to:

Nancy A. McLaughlin
Professor of Law, University of Utah SJ Quinney College of Law
Co-Chair, ACTEC Legal Education Committee

Electronic submissions are fine (subject line of email should read “ACTEC Symposium RFP”).

RFP Content. The RFP should provide the following information.

Theme. The theme of the symposium should be related to trust and estate law, defined to include any topic related to the gratuitous transfer of property (e.g., probate law, trust law, elder law, transfer tax law). A broad theme permits a wide range of papers and is more likely to be successful. Past themes have included Trust Law in the 21st Century (Cardozo 2005); Inheritance Law in the 21st Century (UCLA 2008); Philanthropy Law in the 21st Century (Chicago-Kent 2009); The Uniform Probate Code: Remaking of American Succession Law (Michigan 2011); and The Role of Federal Law in Private Wealth Transfer (Vanderbilt 2014). The theme of the most recent symposium, which took place at Boston College Law School in October 2015, was The Centennial of the Estate Tax: Perspectives and Recommendations (articles will be published in the Boston College Law Review May 2016 symposium edition).

In connection with identifying a theme for the symposium, the RFP should indicate the types of topics that might be presented. Actual topics may depend, in part, on paper proposals but it will be helpful for the RFP to illustrate the scope of the theme.

Host Law School and Faculty Member(s). The proposal should identify the law school that will host the symposium and one or two faculty members at the host school who agree to manage the logistics of the symposium. The faculty member(s) proposing the symposium will need to make all the arrangements with the law school, the law review or journal, and the speakers.

Publication. Symposium papers must be published so the exchange of ideas can be shared beyond those who are able to attend the symposium. An important part of the RFP is a commitment, to the extent possible, from a law review at the host school to publish the papers as a symposium issue. The law review can be either the primary journal or a secondary journal at the host law school. The Legal Education Committee is aware of the difficulty of obtaining a commitment from a journal board to publish papers in an issue that will be managed by another board and is open to whatever strategies may work.

Guidelines for the Symposium. The Legal Education Committee has developed guidelines for the symposia and the host faculty should plan to follow these guidelines, with discretion with respect to details. Guidelines with pointers on various aspects of the symposia are available, but the key items the proposed host should be aware of before submitting an RFP are set forth below.

Call for Papers. After the host law school is selected, the faculty member managing the symposium will issue a Call for Papers. The faculty member may want to secure commitments for papers from a few speakers first, and the call for papers need not be for all papers, but the call for papers should be used to determine a substantial number of the presenters. The Legal Education Committee can assist in circulating the call for papers, to help make the process as wide a call as possible.

The faculty member managing the symposium, in consultation with the Symposium Subcommittee (consisting of several members of the Legal Education Committee), will choose the presenters based, in general, on the following criteria:

            Connection to the theme
            Interesting, innovative research
            Importance of research
            Junior scholars/senior scholars/a mix
            Gender balance/diversity

In addition to the papers, a luncheon speaker and commentators should be selected. These presenters may, but need not, come from the group that submitted paper proposals. Depending on the theme and the topics of the papers, it may be appropriate to ask one or two practitioners to be commentators or the luncheon speaker.

Budget. The budget for past symposia has provided the speakers and commentators with travel (ground transportation to and from airports, air travel or mileage for driving, and hotel for one or two nights, as needed by the speaker). Speakers have been invited to a dinner Thursday evening and on Friday breakfast and lunch are provided to all attendees. Speakers have not been reimbursed for other expenses, such as meals en route to the symposium. There are some additional costs for publicity and materials (ACTEC helps with production and distribution of publicity).

The Foundation will transfer $20,000 to the host school, and the host school will be responsible for managing the grant, paying expenses for the symposium, and filing a report with the Foundation after the symposium. In the past, the grant has been sufficient to cover all expenses.

January 9, 2016 in Conferences & CLE | Permalink | Comments (0)

Thursday, January 7, 2016

CLE On Advanced Estate Planning Strategies In 2016

CLEThe State Bar of Texas is co-sponsoring a CLE entitled Advanced Estate Planning Strategies 2016 which will take place on April 28-29, 2016, at the El Dorado Hotel in Santa Fe, New Mexico. Here are some additional details about the event:

A highly interactive conference among panelists and attendees, Advanced Estate Planning Strategies will address four high level estate planning topics you grapple with in your daily practice. Panel discussions include:

  • Take out Your HEMS! - Enjoy a lively and interactive discussion regarding the practical application of the health, education, maintenance and support trust distribution standard and alternative distribution standards from the perspective of an estate planner, an asset protection specialist, a probate litigator and a trust officer. Audience participation is strongly encouraged!
  • The Balancing of Control - A panel of attorneys who represent diverse wills, trusts and estates law practices will discuss the control issues that a practitioner must consider when crafting an estate plan for clients in today's world.
  • No Good Deed Goes Unpunished - Enjoy (and participate if inclined) a thought provoking discussion of issues and options for a will, trusts and estates practitioner when incorporating charity into the lifetime and testamentary gift and estate plan.
  • Thinking About the Grader When You Write Your Paper - Learn from a panel of experts the benefit of viewing a trust merger, a will reformation, a trust modification, a Form 706 from a vantage point of 20/20 hindsight. Members of the panel will share tips to recognize, as well as minimize, unintended consequences of estate planning actions.

Your registration fee includes breakfast both days, lunch on Thursday, complimentary wireless signal and convenient access to powerstrips in the meeting room, and networking socials on Wednesday and Thursday.

January 7, 2016 in Conferences & CLE, Estate Administration, Estate Planning - Generally | Permalink | Comments (0)

Wednesday, January 6, 2016

Texas CLE On Handling The First Guardianship Case

CLEThe State Bar of Texas is presenting a CLE entitled, Handling Your First (or Next) Guardianship Case 2015 (Satisfies the requirements for Attorney Ad Litem certification), Friday, February 26, 2016, 8:50AM-4:30M Central, online.  Here are some details about the event:

Replay Webcast!
Friday, February 26th
8:50 am to 4:30 pm CT

MCLE Credit: 6.75 hrs (includes 1.50 hrs ethics)
MCLE No: 901320077

Registration Fee: $195

Watch in the comfort of your own home or office! If you cannot watch the entire webcast at its scheduled time, register now and watch it when the recording is available after the broadcast. You will have until to November 30, 2016 complete the program at your convenience!

January 6, 2016 in Conferences & CLE, Guardianship | Permalink | Comments (0)

Tuesday, January 5, 2016

CLE On Income Taxation Of Estates And Trusts

CLE PictureBloomberg BNA is sponsoring a free CLE entitled, Fundamentals and Planning for the Income Taxation of Estates and Trusts, scheduled to take place on Thursday, January 21, 2016 from 12:30 to 1:30PM eastern time, online. Here are some details about the event:

 Learn the essentials to craft a plan for the income taxation of estates and trusts. Understand the importance of tax planning in light of the tax brackets for trusts, which are extremely compressed compared to individuals . Trusts are also subject to Medicare tax. Our webinar will explore minimizing federal income taxes, capital gains treatment, year-end and after-year-end planning, impact of grantor trust status, and basis of grantor trust assets.

Educational Objectives:
• Understand how to deem capital gains to be part of the distribution to a beneficiary
• Learn tax planning which can be done after December 31st
• Explore the impact of grantor trust status and gain the ability to swap assets
• Review the basis of the trust assets after the death of the grantor

January 5, 2016 in Conferences & CLE, Estate Tax, Gift Tax, Income Tax, Trusts | Permalink | Comments (2)