Wills, Trusts & Estates Prof Blog

Mission to ease organ shortage: Making pig livers more humanlike

There are currently more than 105,000 people on the waiting list for an organ transplant in the United States, and unfortunately, thousands will die before they receive life saving surgery. This number does not account for thousands of other people whose names never made the list. Scientists are continuing to experiment with new ways to ease this shortage and have found hope in bioengineered pig organs.

In a scene that looks straight from a science fiction film, a Minneapolis lab is working to bioengineer the transformation of pig livers. The goal is to shampoo away the pig cells and insert human cells into the vessel. This essentially regrows the organ so human bodies won’t recognize it as a pig organ.

A Maryland man received a heart transplant from a year last year. The genetically modified organs did not immediately trigger an attack from his immune system and he lived an additional two months. The Miromatrix bioengineering process is a bit different. No special pigs are required and scientists instead gather leftover organs from slaughterhouses.

For more information see Associated Press “Mission to ease organ shortage: Making pig livers more humanlike”, Tucson KGUN9, December 27, 2022.

Living Better With Alzheimer’s Thanks to a Village Square, a Garden and Autonomy

There are a growing number of communities emerging around the world that are experimenting with models of care for people suffering from various stages of dementia. These new communities raise fundamental questions about what care for Alzheimer’s disease and other degenerative disorders should like and whether the traditional nursing home model is outdated.

The village concept, which was adopted by The Care Village on New Zealand’s Lake Rotorua, recreates the real world within a safe environment. Residents can shop for groceries, cook, and continue with their regular routines with support from staff who are taught to empower the residents rather than take over their chores for them. In this environment, residents are encouraged to meet friends and enjoy activities such as walks along the lake or gardening. 

The main criticism for this concept is that it creates a make believe environment, and recreating the outside world is not cheap to do. For example, a French village cost $30 million to construct, while a traditional nursing home with similar number of residents only cost about $10 million. However, proponents say that it is less expensive to operate the village in the long term than traditional nursing homes, which can be largely attributed to less staff turnover and healthier residents.

For more information see Marthe Fourcade “Living Better With Alzheimer’s Thanks to a Village Square, a Garden and Autonomy”, Bloomberge Businessweek, December 13, 2022.

Special thanks to Lewis Saret (Attorney, Washington, D.C.) for bringing this article to my attention. 

Biden signs $1.7T government spending bill, big changes to the retirement system are included

Earlier today, President Biden signed the omnibus spending bill into law, extending funds for the government into next year. The massive 4,155-page legislation includes a range of significant reforms aimed to help Americans save more for retirement.

Some measures include increasing the age for required minimum distributions from retirement plans to encouraging younger people save more earlier in life, and pushing businesses to get more employees enrolled in plans with automatic enrollment in retirement plans. The plan also includes a novel idea of treating student loans as deferrals for the purposes of retirement savings and a similar provision which could link retirement and emergency savings in the years ahead.

The legislation is a follow up to 2019’s SECURE Act, which represented the first major retirement legislation since 2006. However, it does not address the challenge of Social Security, which is projected to run out as early as 2034. 

For more information see Ben Werschkul “‘Big Changes to the Retirement System are included in Congress’s end-of-year bill’”, Yahoo! Finance, December 20, 2022 and Tal Axelrod “Biden signs $1.7T government spending bill, ensuring funding for most of 2023”, ABC News, December 29, 2022.

Special thanks to David S. Luber (Florida Probate Attorney) for bringing this to my attention.

British director Joanna Hogg on death, mothers, and the allure of memoir movies

British director, Joanna Hogg, who debuted with her 2007 film, Unrelated, has gone on to make several other dramas including Archipelago, Exhibition, The Souvenir and The Souvenir Part II. Her most recent film, The Eternal Daughter tells the story about the relationship between a mother and daughter during the holidays and face the mortality and vulnerability of aging parents. 

Hogg first wrote the script in 2008, but felt too close to the material at the time. She felt guilty for portraying characters so closely related to her own family members and their experiences. “No one wants to talk about mortality, and I regret to this day that I was never able to have that conversation with my mother,” Hogg told reporters. “I was too fearful of it … I didn’t want to upset her by bringing it up. But it would have been on her mind, and it would have maybe been a relief to have a conversation about it. But it just didn’t happen.”

For more information see David Sims “‘No One Wants to Talk About Mortality’”, The Atlantic, December 20, 2022

Special thanks to Joel C. Dobris (Professor of Law, UC Davis School of Law) for bringing this article to my attention.

Father and sons claimed $21 million in lottery prizes — but they didn’t win, feds say

A father and two sons in Massachussetts claimed $21 million in lottery winnings after cashing in thousands of tickets over a period of nine years. However, the family wasn’t as miraculously lucky as they claimed to be. 

Ali Jaafar and his sons, Yousef and Mohammad, cashed more than 14,000 lottery tickets on behalf of actual winners as part of a fraud scheme to avoid paying taxes known as “ten-percenting.” They would buy winning lottery tickets from ticket holders at a discount and keep 10-20% of the ticket’s value. By collecting the full cash prizes on behalf of actual lottery winners, the winners were able to get out of reporting their winnings on tax returns, and then the family would offset their claimed winnings with fake gambling losses to avoid paying federal income taxes.

Jaafar and Yousef were both found guilty of conspiring to defraud the Internal Revenue Service, conspiring to commit money laundering, and filing false tax returns. Older brother, Mohamed, pleaded guilty to one count of conspiracy to defraud the U.S. government.

For more information see Julia Marnin “Father and sons claimed $21 million in lottery prizes— but they didn’t win, feds say”, Yahoo! News, December 13, 2022

Special thanks to David S. Luber (Florida Probate Attorney) for bringing this article to my attention.

Britney Spears Dad Jamie Break Silence... On Conservatorship

Jamie Spears has opened up to the Daily Mail about his actions regarding the infamous legal arrangement that named him conservator of his daughter, Britney Spears, from 2008-2021. In the interview, he told reporters that he feels like he saved her life by pushing for the conservatorship.

"Not everybody's going to agree with me. It's been one hell of a time. But I love my daughter with all my heart and soul. Where would Britney be right now without that conservatorship? And I don't know if she'd be alive. I don't."

Spears believes that the conservatorship allowed Ms. Spears to have a relationship with her children and gave her a semblance of a normal life. He is no longer being on speaker terms with her, but has no regrets about the actions he took. The thirteen year conservatorship was terminated last year and Ms. Spears has subsequently denounced her father, and the entire family, accusing them of contributing to her struggles during that period of her life, keeping her under constant surveillance, and mismanaging her finances. 

For more information see “Britney Spears Dad Jamie Breaks Silence… On Conservatorship”, TMZ, December 17, 2022

Special thanks to David S. Luber (Florida Probate Attorney) for bringing this article to my attention.

Bill Gates reveals how becoming a grandfather will change how he invests his fortune

Bill Gates, Microsoft cofounder and one of the most prolific philanthropists, has said that he plans to donate nearly all of his $103 billion fortune. He has stated publicly that he believes that anyone with a lot of money has the responsibility to give it away, and since finding out he is going to be a grandfather, he has a new outlook on the future he wants his grandchildren to have.

Gates and ex-wife, Melinda French Gates, established the Bill & Melinda Gates Foundation in 1994, where Gates has donated more than $50 billion. The main focus of the foundation has been on eradicating diseases, promoting education, and advancing gender equality. However, Gates said his focus is now shifting to climate change, and has said taking action is critical to protecting our children and grandchildren. 

“I can sum up the solution to climate change in two sentences: We need to eliminate global emissions of greenhouse gases by 2050. Extreme weather is already causing more suffering, and if we don’t get to net-zero emissions, our grandchildren will grow up in a world that is dramatically worse off,” Gates wrote in a recent letter.

For more information see Tristan Bove “Bill Gates reveals how becoming a grandfather will change how he invests his fortune”, Yahoo! Finance, December 20, 2022

Special thanks to David S. Luber (Florida Probate Attorney) for bringing this article to my attention.

Article: What is Complete Estate Planning for a Proprietor’s 401(k) Plan Benefits?

Albert Feuer (Law Offices of Albert Feuer) recently published an article, What is Complete Estate Planning for a Proprietor’s 401(k) Plan Benefits?, New York State Bar Association Trust and Estates, 2022. Provided below is an abstract:

The estate planning of an individual who owns a professional or other enterprise that maintains a tax-advantaged plan, such as a self-directed 401(k) plan, requires more than the completion and filing of the individual’s plan beneficiary designations.

Complete planning requires that measures also be taken so that soon after the death of the individual a person be authorized to invest plan assets, determine the plan beneficiary(ies) and benefit entitlements, give notifications of such determinations, and make plan distributions that the beneficiary(ies) may choose.

If this is not done, the delay in making investment decisions and giving the individual’s beneficiary(ies) access to their plan benefits may place those benefits at substantial risk and expose the individual’s estate to fiduciary liability claims.

Only HALF of New York Holocaust survivor's $40m fortune remains after he died unmarried and childless in 2013 - and lawyers and taxes have eaten away at his estate

A search for relatives is ongoing for property mogul and Holocaust survivor, Roman Blum, who passed away in January 2012 without a will. His wife predeceased him and the couple had no children. However, a descendant of one of Blum’s long lost loves has come forward to claim a “secret will” exists, despite not being formally filed. The validity of the document is currently being investigated.

Blum left behind a $40 million dollar fortune, which has slowly been whittled down by taxes and attorney fees and many people have attempted to claim their share. The estate included $4 million in cash in a checking account, a home in Staten Island worth $729,000, undeveloped land worth $4.5 million, and a safe deposit box which contained 7,000 $100 bills.

Friends have speculated why Blum, who was 97 at the time of his death, did not leave behind a will. He was an intelligent man with an enormous fortune and some believe he simply refused to admit his mortality. 

For more information see James Gordon “Only HALF of New York Holocaust survivor’s $40m fortune remains after he died unmarried and childless in 2013— and lawyers and taxes have eaten away at his estate”, The Daily Mail, December 17, 2022

Special thanks to Joel C. Dobris (Professor of Law, UC Davis School of Law) for bringing this article to my attention.

Owners of Home Set Ablaze by Anne Heche Crash Make $2M Claim Against Her Estate

Jennifer and John Durand, the owners of the home that late actress Anne Heche crashed into with her Mini Cooper just before her death, have filed a complaint against Heche’s estate seeking compensatory damages. 

The home is used by the Durand’s as a rental property where renter, Lynne Mishele, was living at the time of the crash. According to the complaint, the impact caused severe structural damage and decimated the home. The Durand’s receive substantial economic benefit from the rental property  and have subsequently spent quite a bit of time and money to rebuild. 

They have asked the court to enter a judgment in their favor of at least $2 million. Mishele is also seeking at least $2 million as a result of the damages caused by the crash.

For more information see Dory Jackson “Owners of Home Set Ablaze by Anne Heche Crash Make $2M Claim Against Her Estate”, People, December 12, 2022.

Special thanks to David S. Luber (Florida Probate Attorney) for bringing this article to my attention.