Wednesday, July 28, 2010
For a chart comparing different overlay providers, see Scott Martin, Concord Wins Top Honor as Most Trust-Friendly Overlay Provider, The Trust Advisor Blog, July 10, 2010.
In this Article, the Author discusses the issues arising under the current power of attorney law in Alaska and the impact the law has on Alaskan elders. The Author surveys and summarizes preventative measures set out in the 2006 Uniform Power of Attorney Act (UPOAA), in addition to non- UPOAA reforms adopted in other jurisdictions or suggested by scholars. The Author analyzes the relevance and practicality of the various provisions as applied to Alaska and highlights the major themes that should be considered when reforming the current statute.
If Jinky is Fischer’s daughter, and Ms. Watai (a Japanese woman who claims to be Fischer's wife) is found to be his widow, then Jinky would receive 2/3 of his estate and Ms. Watai would receive the remainder. If Jinky is not Fischer’s daughter, Ms. Watai would receive everything. If the Icelandic court rejects Ms. Watai as Fischer’s widow, Fischer’s two nephews would receive his entire estate.
Fischer’s estate is estimated to be worth $1-2 million. Uncertainty exists because the United States government has claims against his estate for taxes and penalties (for playing a chess game in Yugoslavia while it was under a United States trade embargo).
See Dylan Loeb McClain, For Bobby Fischer, the Drama Won’t Die, N.Y. Times, July 23, 2010.
Special thanks to Margaret Elizabeth Perry (Texas Tech School of Law graduate, May 2010) for bringing this to my attention.
I previously blogged about the increasing popularity of gift-giving this year. Charitable contributions are also expected to increase as peoples’ taxes rise over the next 18 months. Eighty-seven percent of advisors think that their clients will see a tax spike in the next 12-18 months, and twenty-six percent of advisors believe that their clients will increase charitable giving to dull the pain. This is good news for charities, who saw a 3.6% decline in charitable giving in 2009 due to the recession.
See Eric Rasmussen, Higher Taxes May Prompt More Giving, Financial Advisor, July 22, 2010.
Special thanks to Jim Hillhouse (WealthCounsel) for bringing this to my attention.
Tuesday, July 27, 2010
In an effort to combat the intestacy problem, Marilyn Geary and Jacqueline Janssen have begun holding meetings called “LeaveLight Circles.” These gatherings are based on the book “LeaveLight: A Motivational Guide to Holistic End-of-Life Planning” and are meant to help people make decisions regarding funeral arrangements, directives, and other end-of-life considerations.
See Scott James, Dying Alone Intestate Places Burden on the County, N.Y. Times, July 22, 2010.
Special thanks to Jim Hillhouse (WealthCounsel) and Joel Dobris (Professor of Law, UC Davis School of Law) for bringing this to my attention.
- Kafka bequeathed his writings to Max Brod, instructing him to burn everything unread.
- When Kafka passed away in 1924 from tuberculosis, Brod ignored Kafka’s wishes and published most of what he had. He took what he didn’t publish to pre-state Israel where he passed away in 1968.
- Brod instructed Esther Hoffe to transfer the Kafka papers to an academic institution upon his death. Instead, Esther kept the papers in Tel Aviv and Zurich, selling some for large amounts of money.
- Esther died three years ago, leaving her collection to her two daughters, Eva Hoffe and Ruth Wiesler.
The two daughters are currently battling the Israeli National Library which has filed an injunction against the execution of their mother’s will. The Tel Aviv Family Court opened the collection a year ago, saying that it wants to know its contents before deciding the owner. Until experts are done inspecting the papers, the papers, as well as their rightful owner, will remain a mystery.
See Aron Heller, Lost Kafka Writings Resurface, Trapped in Trial, AP, July 21, 2010.
Special thanks to Kimberly Sias (Texas Tech School of Law graduate, May 2010) for bringing this article to my attention.
In Morgens, the court ruled in favor of the government that section 2035(b) applied to the gift taxes paid by the qualified terminable interest property (QTIP) trust beneficiaries to gross up the widow’s estate by that amount. Because the surviving (or donee) spouse must be taxed on the underlying property over which she has no ownership rights, Congress enacted section 2207A to allow the second spouse to recover from the beneficiaries of the property the transfer taxes relating to her gift or estate inclusion. However, the court held that section 2207A did not shift the gift tax liability to those beneficiaries to exempt the widow’s estate from the application of section 2035(b).
Monday, July 26, 2010
Feminist legal theorists are in an excellent position to advance progressive and transformative theories about aging. The form and content of the negative stereotypes older adults are frequently subjected to parallel negative stereotypes about women. Like women, the elderly (both men and women) have traditionally been cast as mentally inadequate, frail, and in need of protection by outsiders. Both age and gender – and out-dated conceptions of each – have historically been cavalierly used as convenient proxies for other, more germane, characteristics. In addition, older women face many of the same gendered inequalities of younger women in contexts ranging from domestic violence to employment discrimination. Further, the growing population of older women raises distinct issues of caretaking whether the older woman is serving as caretaker or as the care recipient.
PAPER TOPICS: Potential contributors are encouraged to think creatively about the relationship between aging and gender, and how feminist legal theory can be brought to bear on understanding old-age policies. To this end, possible paper topics include:
- What characterizes a feminist approach to aging and how does this differ from other approaches?
- How do current discourses and practices of domestic violence, family law, employment/labor law, sexuality, masculinity, and political theory engage or fail to engage with the elder population?
- How does the law reinforce or enhance the vulnerability and marginalization of the elderly?
- What arguments can be made for and against the proposition that the government must support caretaking and caretakers of the elderly?
- How do these arguments differ from those made on behalf of the caretakers of children or the disabled?
- How should government "protect" older adults, what are the implications of such protection, and how might feminist legal theory inform and guide our understanding of protective policies?
- How should family responsibility be structured in old-age policy?
- What are the implications of health care reform for older adults aging?
Please email a paper proposal of several paragraphs length by October 1, 2010 to: firstname.lastname@example.org, email@example.com, firstname.lastname@example.org, and email@example.com. Decisions will be made by October 15, 2010.Workshop Details. The Workshop begins Friday at 4PM in room 575 of Emory Law School, followed by dinner in the Hunter Atrium. The Law School is located at 1301 Clifton Road, Atlanta, GA. Presentations and panels continue on Saturday from 10AM to approximately 5PM. Lunch will be provided.
“So there’s broad agreement--outside Congress at least--that something should be done on the estate tax before the elected officials go home to play, or politic, or fund raise. But even among billionaires, there’s little consensus on what should be done.”
Ashlea Ebeling and Janet Novack, Billionaires Battle on Estate Tax, Forbes, July 21, 2010.