Wills, Trusts & Estates Prof Blog

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

A Member of the Law Professor Blogs Network

Thursday, July 2, 2015

CLE On National Firearms Act (NFA) Trusts

CLEThe Texas Bar Association is presenting a CLE entitled, National Firearms Act (NFA) Trusts, Wednesday, July 8, 2015, 1:00-2:00 pm Central, online.  Here is why you should attend:

Topics to Include:

  • Professional considerations: business, ethics, and avoiding malpractice
  • State and federal law governing NFA trusts
  • Advantages of NFA trusts over individual ownership
  • Steps in acquiring NFA firearms
  • Risks of using trusts to own NFA firearms
  • Losing Form 4: Problems with the NFA Registry
  • Drafting NFA trusts
  • Alternatives to NFA trusts (individual ownership, business entitles)
  • Privacy considerations

Speakers:
Mr. Sean Patrick Healy, Tyler
Healy Law Offices, PC

Dave Matheny, Austin
Silencer Shop

 

 

July 2, 2015 in Conferences & CLE, Trusts, Web/Tech | Permalink | Comments (0)

Wednesday, July 1, 2015

When People Post About Funerals On Social Media

Funeral-trust25-crop-600x338It is very common for people to post just about every detail of their life on social media services like Facebook or Twitter.  This column discusses some of the controversy surrounding the increasing number of people who post pictures and comments about funerals on their social media accounts and the mixed feelings that society has about this new trend.  Some people believe that funerals should be private affairs and would not like it if somebody took a picture of the casket and posted it on Facebook or Twitter.  There are other individuals who have no issue with sharing pictures and information about funerals with their social media networks.  As social media technology continues to develop these concerns about privacy will continue to become more prevalent. 

See Leanne Italie, For social media fans, funerals are now fair game: Share, comment, or take a selfie?, Arkansas Online, July 1, 2015.

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

July 1, 2015 in Current Affairs, Estate Planning - Generally, Technology, Web/Tech | Permalink | Comments (0)

Tuesday, June 23, 2015

New Digital Tools Make Retirement Planning Easier

Retirement planningPeople who are planning for retirement often face difficulties when deciding how much money they will need.  With life expectancies increasing there is often a risk of outliving retirement savings.  A new retirement planning tool that is offered by Personal Capital, a financial technology company, is making it easier for people to plan ahead.  There has been a recent growth in financial technology companies offering people "robo-advisors," who use algorithms based on the clients data to offer more accurate retirement projections.  These new technologies will make it easier for clients to get the information needed to make fast decisions.

See Laura Shin, Test An Endless Number Of Retirement Projections With This New Tool, Forbes, June 22, 2015.

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

June 23, 2015 in Current Affairs, Estate Planning - Generally, Technology, Web/Tech | Permalink | Comments (0)

Monday, June 22, 2015

New Service to Track Location Of A Will

Wills The U.S. Wills Registry is an online service that offers to keeps track of the location and holder of a will. The information is uploaded to the site by the testator and will remain on the site indefinitely. The information about the location may be changed at any time by the testator and the information will only be turned over to the interested parties when a valid certificate of death is presented. The website is free to the public with more information being found here.

June 22, 2015 in Web/Tech, Wills | Permalink | Comments (0)

Sunday, June 21, 2015

What Happens To Social Media Accounts After Death?

FacebookThe State of Wyoming is looking at creating legislation that will provide a process for dealing with a person’s social media accounts after they die.  Not a lot of jurisdictions have legislation in place for dealing with a decedent’s social media services like their Facebook, Twitter, and email accounts.  Lawmakers in Wyoming would like to model the legislation after the Privacy Expectation Afterlife and Choices Act, which is a piece of legislation that technology firms are lobbying for across the United States.  The bill will create a process that will make it easier for decedents to give family members access to their accounts after they pass away.

See Trevor Brown, What happens to social media after you die?, The Wyoming Tribune Eagle, June 20, 2015.

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

June 21, 2015 in Current Affairs, Estate Administration, Estate Planning - Generally, Technology, Web/Tech, Wills | Permalink | Comments (0)

Wednesday, June 17, 2015

California Legislature Considers Digital Asset Reform Bill

FacebookThe California legislature is thinking about passing a bill that would allow deceased individuals to ‘opt-in’ to giving executors and trustees access to digital assets.  The bill would let individuals opt-in by expressly stating it in a will or through an internet service provider.  The bill is part of a larger nationwide effort to give decedents more control over their digital assets.  The text of this proposed piece of legislation can be read here

See Kathryn Sylvia, California introduces ‘opt-in’ digital assets bill, Robinson + Cole, June 11, 2015.

June 17, 2015 in Current Affairs, Estate Planning - Generally, Technology, Trusts, Web/Tech, Wills | Permalink | Comments (0)

Monday, June 15, 2015

French Regulator Pressures Google To Apply ‘Right To Be Forgotten’ Globally

GoogleA French date collection regulator is pressuring Google to expand globally a right to be forgotten.  Google currently grants de-listing requests to European users.  “In May last year, the European Court of Justice ruled that European residents can ask search engines to delete results that turn up under a search for their name when they are out of date, irrelevant or inflammatory - the so-called right to be forgotten.”  EU watchdogs are currently pushing Google to implement a global policy that would give users the right to be forgotten.  Google is currently working with regulators to try to find the best way to comply with these recent regulatory decisions. 

See Leila Abboud and Julia Fioretti, Update 2-French watchdog pressures Google on “right to be forgotten,” Reuters, June 12, 2015.

June 15, 2015 in Current Affairs, Estate Planning - Generally, Technology, Web/Tech | Permalink | Comments (0)

Tuesday, May 12, 2015

California Assembly Passes Bill to Protect Digital Assets

Digital assetsIn today’s age of widespread social media and communication, California lawmakers are trying to address what happens to one’s digital life when they die. 

Yesterday, the state assembly approved a bill that would give guidelines for judges to follow before they could order electronic providers to turn over electronic information to the executor or administrator of an estate.  The bill, AB691, attempts to strike a balance between privacy and allowing estate administrators access digital accounts to resolve estate issues.  The bill will now go to the Senate for approval.

See Associated Press, Social Media Protected After Death Under California Bill, News 3, May 11, 2015.

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

May 12, 2015 in Estate Administration, Estate Planning - Generally, Technology, Web/Tech | Permalink | Comments (0) | TrackBack (0)

Friday, May 8, 2015

Don't Forget the Reward Points

PlaneMany individuals accrue reward points through credit card, hotel, and airline programs, such as frequent flier miles. These accounts should be added to the list cataloging one's digital assets, and who gets the points after the program member's death should be included in the person's will.

Even though many airlines have written policies that clearly state miles cannot be transferred at death, exceptions are sometimes made. Both United and Delta allow for some flexibility in applying the transfer policy, and may allow transfer of miles after death or divorce. The take away here is that it does not hurt to politely ask even if the rewards program has a clear prohibition on transfer.

See Deborah L. Jacobs, Loyalty Program Rules Aren't Ironclad, New York Times, May 6, 2015.

May 8, 2015 in Estate Planning - Generally, Web/Tech | Permalink | Comments (0) | TrackBack (0)

Wednesday, May 6, 2015

Blog Suggestion: Dean Mead Trusts & Estates Blog

BlogThe Trusts & Estates blog from Dean Mead is an excellent resource for trusts and estates news, developments, and commentary. The blog has a Florida focus, and also covers national news that effect trusts and estates practice in Florida.

May 6, 2015 in Estate Planning - Generally, Web/Tech | Permalink | Comments (0) | TrackBack (0)