Wills, Trusts & Estates Prof Blog

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

Friday, May 25, 2007

Fourth Edition of "Elder Law: Cases and Materials" to be Released in July 2007

The following is from an e-mail from LexisNexis:

LexisNexis is pleased to announce the forthcoming availability of the Fourth Edition of Elder Law: Cases and Materials, by Lawrence A. Frolik (Pittsburgh) and Alison McChrystal Barnes (Marquette). You will automatically receive a copy of the new edition of Elder Law: Cases and Materials (ISBN 142241163X) and the updated companion documentary supplement (ISBN 1422411648) in late July.

The Fourth Edition of Elder Law integrates new developments in law and policy into the familiar framework of past editions. A mix of the specific and the general, the book examines the response of our society to an aging population, the legal rights of the elderly, and the legal, economic, and health challenges of the elderly. The authors use carefully edited classic and new cases, excerpts from the experts, and descriptive commentary to challenge and instruct students. Questions and problems provide the instructor an opportunity to query students and expand their understanding of the material.

The perspectives of legal practice and legislative development receive due attention in chapters that cover income and employment, housing and supportive services, nursing home quality and costs, substitute health and final decision making, and elders and crime. The broad scope of the book builds on foundational legal education in property rights, civil and human rights, and government action, while permitting the teacher the opportunity to supplement or expand upon the material.

The Teacher’s Manual provides the authors’ pedagogical insights and answers to the Questions. In addition, the companion statutory volume, Elder Law: Selected Statutes and Regulations, includes all relevant statutes and regulations.

If you would like to review the page proofs, please contact Sean Caldwell (513-721-2506 / sean.m.caldwell@lexisnexis.com). The PDF version of the page proofs will be available in late June.

May 25, 2007 in Books - For the Classroom | Permalink | Comments (0) | TrackBack (0)

California and Uniform Trust and Estate Statutes

Prof. E. Gary Spitko and Prof. Lawrence Waggoner have recently published the 2007-08 edition of California and Uniform Trust and Estate Statutes: Selected Provisions (available from Thomson-West).

The publisher explains:

West is pleased to announce the forthcoming publication of Spitko and Waggoner's California and Uniform Trust and Estate Statutes: Selected Provisions, 2007-2008 Edition available for Fall 2007 classes.

This book collects the principal California and Uniform statutes regarding wills, trusts, decedents' estates, future interests, and fiduciary administration, organized by topic corresponding to the chapter organization in major casebooks in the field. California statutes are drawn mainly from the California Probate Code and other California codes, such as the Family Code and the Civil Code. Uniform statutes are drawn mainly from the Uniform Probate Code (UPC) and the Uniform Trust Code (UTC) and provisions from the new Restatement (Third) of Property: Wills and Other Donative Transfers (1999 & 2003) and the Restatement (Third) of Trusts (2003).

The book should be of interest to both California teachers and teachers who will be visiting at a California school next year.

May 25, 2007 in Books - For the Classroom | Permalink | Comments (0) | TrackBack (0)

Thursday, May 24, 2007

Marriages of New York Same-Sex Couples Who Were Married in Massachusetts During "The Gap" Deemed Valid

On May 10, 2007, a Suffolk County Superior Court judge in Boston ruled that "same-sex couples from New York who married in Massachusetts from May 2004 to July 2006 have a legally recognized marriage."  See Manny Fernandez, Legal Status Brings Security to Some Same-Sex Marriages, NY Times, May 22, 2007.  This article explains that:

The ruling affects only a limited number of New York’s same-sex couples: those who married in Massachusetts between May 17, 2004, when that state authorized same-sex marriages, and July 6, 2006, when New York’s highest court rejected an effort to allow gay marriage.

Special thanks to Prof. Joel C. Dobris of the University of California-Davis for bringing this article to my attention.

May 24, 2007 in Current Events, Estate Planning - Generally | Permalink | Comments (0) | TrackBack (1)

Prof. Robert H. Sitkoff to Join Harvard Faculty

SitkoffAccording to a report on the Harvard Law School website,

Robert H. Sitkoff, currently a tenured professor at the New York University School of Law and an expert in trusts and estates, has accepted an offer to join the Harvard Law School faculty. * * * Sitkoff was the John L. Gray Visiting Professor of Law at HLS this past spring.

May 24, 2007 in Appointments and Honors | Permalink | Comments (0) | TrackBack (0)

Wednesday, May 23, 2007

Hester Analyzed

GerzogProf. Wendy Gerzog (Professor of Law, University of Baltimore School of Law) has recently posted her article entitled Hester: A Saga of Greed on SSRN.

This case concerns the inclusion of stolen property in the wrongdoer's estate

Prof. Gerzog's article also appears in 115 Tax Notes 669 (May 14, 2007).

May 23, 2007 in Articles, Estate Tax | Permalink | Comments (0) | TrackBack (0)

More on Pet Trusts

For a brief article on pet trusts, see Lisa Smith, Keep Your Pets' Trust, Forbes.com, May 21, 2007.

Special thanks to Neil E. Hendershot of the Harrisburg, Pennsylvania law firm of Goldberg Katzman, P.C., who also authors the PA Elder, Estate & Fiduciary Law Blog, for bringing this article to my attention.

To read more about pet trusts, see Estate Planning for Pet Owners.

May 23, 2007 in Trusts | Permalink | Comments (0) | TrackBack (0)

Tuesday, May 22, 2007

The FBI-Will Contest Interface

Fbi_2Neil E. Hendershot, author of the the PA Elder, Estate & Fiduciary Law Blog, is posting a series of articles discussing the FBI's involvement with trust and estate matters.

His first posting, Trusts & Estates ... and the FBI: Pt. I (May 21, 2007), focuses on a Pennsylvania situation where local law enforcement declined to become involved and now the U.S. Attorney, the FBI, and a federal Grand Jury are showing interest in the case.

May 22, 2007 in Estate Administration | Permalink | Comments (0) | TrackBack (0)

Life Sharers Website Marks 5th Anniversary

Life_sharersToday (June 22, 2007) is the 5th anniversary of the launch of the LifeSharers web site.

LifeSharers is a non-profit voluntary network of organ donors.  LifeSharers members promise to donate upon their death, and they give fellow members first access to their organs.  LifeSharers is free to join.

May 22, 2007 in Death Event Planning | Permalink | Comments (0) | TrackBack (0)

Who's Your Daddy? -- DNA Tests Won't Help!

Raymon and Richard are identical twins.  Four years ago, they each had sexual relations with the same woman on the same day within just a few hours of each other!  A child was born as result of these carnal activities. 

According to Mary Kathryn Burke, Who's Your Daddy? Paternity Battle Between Brothers, ABC News, May 21, 2007, "a paternity test in this case could not help. The test showed that both brothers have over a 99.9 percent probability of being the daddy— and neither one wants to pay the child support. * * *  'With identical twins, even if you sequenced their whole genome you wouldn't find difference…they're clones,' said Dr. Bob Gaensslen, a forensic scientist at Orchid Cellmark labs in Texas."

Special thanks to Sara Hudman (May 2008 J.D. Candidate, Texas Tech University School of Law) for bringing this development to my attention.

May 22, 2007 in Current Events, Estate Planning - Generally | Permalink | Comments (1) | TrackBack (0)

Monday, May 21, 2007

Alex, the dog, center of estate litigation

Ron, the master of Alex, a 13-year old golden retriever, celebrated New Year's Day in a very tragic manner -- he committed suicide.  Ron's divorced parents are now fighting over his multi-million dollar estate including the custody of Alex.

A Tennessee probate court appointed Paul Royal (Crislip, Phillips & Associates) as a guardian ad litem for Alex to help with the custody dispute.

According to Stephanie Francis Ward, Canine Case is Doggone Tough, ABA eReport, May 18, 2007,

The court accepted Royal’s plan * * * for each of the parties to keep Alex for two weeks at a time. During Callan’s two weeks, * * * the dog will stay with him during the day at a business the father and son owned. Since Callan has cats at his home, Royal says, Alex will sleep nights at the home of Chris Griffith, the decedent’s former girlfriend.

While with Gnall, who has two other golden retrievers, Alex will also spend time with Kim Guill, Callan Jr.’s fiancée, with whom he had been living at the time of his death.

But, controversy is far from over.  Allegations are being made that the dog is not getting a proper diet and is not swimming enough.

Special thanks to Kay Fletcher (Assistant Dean, Texas Tech University School of Law) for bringing this development to my attention.

To read more about pet trusts, see Estate Planning for Pet Owners, which stresses the importance of making arrangements for pet care after disability and death to avoid Alex's situation.

May 21, 2007 in Current Events, Estate Administration | Permalink | Comments (0) | TrackBack (0)