Wednesday, May 25, 2005
Mr. Robert S. Schwartz, Managing Director of Parkview Capital Management L.L.C. in Columbus, Ohio wrote to me as follows:
Section 1011 of the UTC [Interest as a General Partner] is based on Ohio Revised Code § 1339.65. I reviewed that section of the ORC for the Ohio State Bar Association sub-committee of which I am a member. It is deeply flawed. I have attached my memorandum concerning this subject.
I think you will find his comments insightful and constructive.
Tuesday, May 24, 2005
A pet hamster is the likely cause of an organ donor being exposed to a rodent virus (LCMV) which contaminated her organs. So far, three donees have died. A fourth donee appears likely to survive.
The virus usually has a mild effect on humans but because transplant recipients are given anti-rejection drugs, the virus was able to develop rapidly. Organs are not normally screened for LCMV.
For more details, see Three organ transplant recipients die from virus related to rodents, USA Today, March 23, 2005.
Today's (May 24, 2005) Bizarro comic raises interesting estate planning issues facing vampires.
The comic shows two vampires having a friendly discussion on a park bench. The disgruntled vampire explains,
"Since I'm not completely dead, I can't collect on my life insurance. And since I'm not completely alive, I can't get health insurance."
I also wonder if it would be appropriate to probate a vampire's will prior to being dispatched by Buffy or Blade?
Monday, May 23, 2005
The awareness of and interest in estate planning for pet animals continues to grow as evidenced by yesterday's (May 22, 2005) New York Times which contained a one-half page article on the subject.
See Maryann Mott, And to My Dog, I Leave a $10,000 Trust Fund, N.Y. Times, May 22, 2005, at BU6.
As of February 2, 2005, 87,306 individuals were on the waiting list for an organ transplant. Each day, seventy transplants are performed and, because of the shortage of organs, sixteen people die. Organ Donations Give Life, USA Today, Feb. 4, 2005, at 1A.
One idea to relieve this shortage of organs is to pay the donor. As Dr. Arthur Matas explains, "[C]urrently everyone but the donor already benefits financially from the transplant (physicians, coordinators, hospitals, recipients)." Deborah L. Shelton, Should We Be Allowed to Sell Organs?, Enquirer (Cincinnati, Ohio), May 22, 2005, at A10 (on-line version available at St. Louis Post-Dispatch).
The article discusses the ethical and practical problems of paying donors and suggests alternatives.
Sunday, May 22, 2005
I recently received an e-mail propounding the virtues of a book and included CD-ROM entitled The Complete Idiot's Guide to Wills and Estates. These materials are directed to a lay audience.
Your students will need to be ready to explain to potential clients why their services are worth the price when clients can buy this book/CD for the equivalent of about 10-15 minutes of attorney time.
A three-step approach to advance directives is set forth in You Need to Know -- Living Wills, Consumer Reports, June 2005, at 7:
- Write a living will and name a health care proxy.
- Cover access to records. (HIPAA authorizations)
- Keep documents easily accessible. (including a discussion of the U.S. Living Will Registry, a free service which stores living wills and other disability planning documents online)
Friday, May 20, 2005
Morgan Morrison, Ensuring Your End-of-Life Wishes are Known and Followed, 68 Tex. B.J. 460 (2005), contains a client-friendly discussion of medical powers of attorney and living wills along with a helpful checklist. The article focuses on Texas law.
A discussion of web-based estate planning resources with emphasis on those focusing on Texas law is found in Tom Mighell, Estate Planning on the Web, 68 Tex. B.J. 384 (2005).
The author also makes a kind mention of this blog as follows:
For a more academic bent, check out the Wills, Trusts, & Estates Prof Blog from Gerry Beyer, professor of law at St. Mary’s University School of Law in San Antonio. Categories discussed on his blog include disability planning, estate taxes, intestate succession, non-probate assets, and more