Wills, Trusts & Estates Prof Blog

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

Wednesday, December 7, 2016

Family Starts Foundation After Son Dies from Food Allergy

Nut allergyA family is raising awareness on the life-threatening symptoms of food allergies after the sudden death of their son. After eating a nut contained in a piece of cake, a small blister appeared on the boys lip. Shortly after, he went into anaphylactic shock, and the administered EpiPens could not halt the outcome. To help raise awareness, the family has created the Red Sneakers Foundation in their son’s memory. With this foundation, the family hopes to launch educational programs, fund research, and contribute to the formation of public policy.

See Boy’s Death After Unknowingly Eating Nut in Cake Leads Family to Start Foundation, Fox News, December 6, 2016.

December 7, 2016 in Current Events, Estate Planning - Generally, Food and Drink | Permalink | Comments (0)

Tuesday, August 30, 2016

Tube Feeding Decline for Dementia Patients

Tube feedingA new national study has found that advanced dementia patients receiving a feeding tube has dropped more than 50%. It is becoming less controversial for surrogate decision makers to decline tube feeding and rely on hand feeding. Now, families and physicians are beginning to understand the negative effects of feeding tubes for those patients with the terminal disease. Feeding tubes do not keep dementia patients alive longer, and they cut out the needed social interaction of hand feeding. Today, more and more terminally ill patients are focusing on end-of-life quality rather than just being kept alive.

See Paula Span, The Decline of Tube Feeding for Dementia Patients, NY Times, August 29, 2016.

Special thanks to Joel Dobris (Professor of Law, UC Davis School of Law) & Lewis Saret (Attorney, Washington, D.C.) for bringing this article to my attention.

August 30, 2016 in Current Events, Death Event Planning, Estate Planning - Generally, Food and Drink | Permalink | Comments (0)

Sunday, August 28, 2016

Has KFC's Secret Recipe Been Revealed?

Colonel sandersDid Colonel Sanders’ nephew accidently reveal the secret blend of eleven herbs and spices for KFC’s fried chicken? KFC says not so fast, claiming that the recipe published in the Chicago Tribune is not authentic. The speculation started when a reporter interviewed Joe Ledington, a nephew of Colonel Harland David Sanders’ famed fried chicken empire. Ledington pulled out a scrapbook during the interview containing the will of Sanders’ second wife, which had a handwritten list on the back of the eleven herbs and spices. At first, Ledington told the reporter that it was the original recipe but later said he did not know. 

See Associated Press, The Colonel’s Secret Recipe Revealed? Not So Fast, Says KFC, NBC News, August 26, 2016.

August 28, 2016 in Current Events, Food and Drink, Wills | Permalink | Comments (0)

Wednesday, February 10, 2016

Charity Wine Auctions Are Becoming More Popular

Charity auctionsThe article examines the growing popularity of charity wine auctions with celebrities. “Unlike many charity auctions, which are fixtures in affluent communities, the price of entry for wine auctions in places like Napa Valley and Naples would constitute a large charitable gift in itself.” The oldest charity wine auction in the United States is Auction Napa Valley where attendees bid on cases of wine after tasting it right out of the barrel. These private auctions have been successful at helping poorer residence in surrounding communities. These charity wine auctions can be complicated affairs that require meticulous planning. When planning these sorts of events it is a good idea to start small and stay focused. These types of events can do a lot of good for society if they are done right.

See Paul Sullivan, Charity Wine Auctions Are More Than Parties, The New York Times, January 29, 2016.

Special thanks to Jim Hillhouse for bringing this article to my attention.

February 10, 2016 in Current Affairs, Estate Planning - Generally, Food and Drink | Permalink | Comments (0)

Tuesday, November 24, 2015

Busch Brothers Involved In Legal Fight Over Grant’s Farm

Busch brothersBilly and Adolphus Busch are currently involved in a legal dispute with four other siblings over the fate of Grant’s Farm. The brothers would like the farm to stay in the family while the other siblings want it to be sold to the Saint Louis Zoo, all six of the siblings currently share ownership of the property. The Zoo would like to expand to Grant’s Farm so that it can do more work around endangered species and expand its educational program. Money that would be used to purchase the farm would come from a $30 million donation from ABInBev. The Busch brothers have made a counter offer to their siblings to buy the property, and they would like to build a brewery for their Kraftig beer on the farm. A ruling on this dispute is expected to be delivered by Thanksgiving.

See Casey Nolan, Two Busch brothers prepare for legal battle about Grant’s Farm, KSDK, November 23, 2015.

Special thanks to Brian Cohan (Attorney at Law, Law Offices of Brian J. Cohan, P.C.) for bringing this article to my attention.

November 24, 2015 in Current Affairs, Estate Planning - Generally, Food and Drink | Permalink | Comments (0)

Thursday, November 19, 2015

Talking About Estate Planning During Thanksgiving

Turkey talkWhen families gather together for Thanksgiving the event can present a great opportunity to talk about estate planning. Discussing estate planning issues with loved ones can be uncomfortable, but putting off these important talks can lead to dire consequences down the road. The holiday season presents a great time to discuss these issues because it is one of the few times in the year when families and relatives that are often spread out across the country are gathered in the same place. Family members should be told ahead of time that these discussions about estate planning are going to take place so that the issue is not sprung on them by surprise. If people are not comfortable discussing these issues during Thanksgiving then it would be a good idea to plan a time in the year when families can get together to work out an estate planning strategy.

See Have “The Talk” This Holiday Season, Idaho Estate Planning, November 18, 2015.

Special thanks to Jim Hillhouse for bringing this article to my attention.

November 19, 2015 in Estate Planning - Generally, Food and Drink, Intestate Succession, Trusts, Wills | Permalink | Comments (0)

Tuesday, November 17, 2015

Heirs Of Cherry King Involved In Dispute Over Estate

Cherry kingThe heirs of Aurthur Mondella, the late Brooklyn maraschino-cherry king, are currently embroiled in a dispute over his $8.5 million estate. Aurthur Mondella committed suicide by shooting himself after investigators discovered a secret marijuana growing operation on his property. The cherry tycoon’s daughter and ex-wife are currently fighting over who should have control over the estate to settle a $1 million forfeiture and to also refinance the decedents Red Hook factory. According to the daughter the company is being hit with $55,000 in fines and penalties each month. Mondella’s widow is trying to block his daughter’s efforts to take control over the estate by claiming that she is unfit to exercise such responsibilities.

See Selim Algar, Cherry King heirs battle over his estate, The New York Post, November 17, 2015.

November 17, 2015 in Current Affairs, Estate Planning - Generally, Food and Drink, Intestate Succession, Wills | Permalink | Comments (0)

Sunday, November 1, 2015

Crazy Business Expenses That Were Made In 2015

Business_expenseCertify, an expense management software developer, has published a list of some of the craziest business expenses from the year 2015.  "Some of the expenses that made the list of “Top 10 Craziest Business Expenses” include $17,000 for an automobile expense due to 'employee stupidity,' $1,000 for 'adult entertainment,' and $85 for a separate room for garlic samples because the salesman supposedly couldn’t stand the smell of garlic."  This article provides a detailed info-graphic that details what the ten craziest expenses were.  Anyone reading through this list of expenses will see the types of things some businesses have been willing to spend large sums on money on.  

See Michael Cohn, Craziest Business Expenses of 2015, Accounting Today, October 30, 2015.

Special thanks to Jim Hillhouse for bringing this article to my attention.  

November 1, 2015 in Estate Planning - Generally, Food and Drink, Travel | Permalink | Comments (0)

Monday, April 16, 2012

Ways to Protect Wine Collections

Unknown-5A fine wine collection is subject to more market risk than a typical bond or stock portfolio because it can be dropped, frozen, stolen, forged, or mistreated in numerous other ways. There are three ways that clients can guard against some of these risks.

1. Keep an inventory of your wine and track values. If you don’t know how much your collection is worth, you can’t properly insure it

2. Insure your collection with a valuables policy. A valuables policy will allow you to insure the wine for its full value against all perils, and there is no deductible.

3. Take steps to prevent loss. It Is better to avoid damage than collect on a claim. Some safety measures include:

  • Keep the temperature between 55 and 60 degrees F.
  • Make sure you have an adequately sized sump pump with a backup power supply.
  • Store bottles on their side.
  • Keep the bottles away from a constant light.
  • Wine racks made of unfinished wood are better than cedar wine racks
  • Hire shippers who are experienced if you have to put your collection in transit.

See Julie Sherlock, 2 Simple Ways to Protect Your Clients’ fine Wine Collections, AdvisorOne, Apr. 14, 2012.

Special thanks to Jim Hillhouse (Professional Legal Marketing (PLM, Inc.)) for bringing this article to my attention.

April 16, 2012 in Estate Planning - Generally, Food and Drink | Permalink | Comments (0) | TrackBack (0)

Sunday, June 27, 2010

Withdrawing a Feeding Tube is Now Legal in Germany

Germany map
An attorney in Germany was suspended for nine months for advising a daughter to cut off her comatose mother’s feeding tube. The Federal Court of Justice overturned that ruling and acquitted the attorney.

Germany’s Justice Minister, Sabine Leutheusser-Schnarrenberger, said that this ruling clarifies cases involving terminally ill patients. Removing artificial life support is now legal in Germany if the patient gave clear consent. However, active assisted suicide is still illegal.

See German Court Legalizes Euthanasia with Patient Consent, BBC News, June 25, 2010.

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

June 27, 2010 in Estate Planning - Generally, Food and Drink, New Cases | Permalink | Comments (0) | TrackBack (0)