Wills, Trusts & Estates Prof Blog

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

Monday, June 27, 2016

Article on the Interface Between Marijuana and Estate Planning

Puff the magic dragonGerry W. Beyer & Brooke Dacus recently published an Article entitled, Puff, the Magic Dragon, and the Estate Planner, 3 Tex. A&M U.J. Prop. L. 1 (2016). Provided below is an abstract of the Article:

With the legalization of medical and recreational marijuana in almost half of the states, practitioners need to be aware of interface between marijuana and estate planning. This article provides a discussion of the major issues that arise. After bringing readers up-to-date with the history of legalized marijuana, the article focuses on how marijuana use may impact a user’s capacity to execute a will and other estate planning documents. The article then examines other estate planning concerns such as will and trust provisions conditioning benefits on the non-use of “illegal drugs” and the impact of marijuana use on life insurance policies. The article wraps up with a discussion of how an estate planner may deal with marijuana-based assets when planning an estate and how to value those assets after the owner has died.


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