Wills, Trusts & Estates Prof Blog

Opinion: ‘Until we meet again, brave little cat.’ The heartbreak and taboo of burying our pets

The Barcelona City Council recently announced plans for the country’s first public pet cemetery, which will open next year. Bereaved pet owners can send off their beloved pets through either burials or cremations. It is estimated that 7,000 services will be carried out each year.

The Spanish city cited a need for a pet cemetery, with over 180,000 dogs residing in the city. That is roughly 50% of Catalonian families that own pets.

The project requires a 1.1-million euros investment, with services costing around 200 euros. Pet owners may add services for an additional cost, and the cemetery will offer collective cremation service to divide costs among various owners.

For more information see Eric Tourigny “Opinion: ‘Until we meet again, brave little cat.’ The heartbreak and taboo of burying our pets” CNN Opinion , April 3, 2023.

Man Who Has Fathered Hundreds Is Barred From Donating Sperm

On Friday, a court in the Netherlands ruled that a man who fathered 550-600 children in the past 16 years can no longer donate sperm to prospective parents. The ruling came after the Dutch Donor Child Foundation sued the man, representing the interest of sperm donors’ children.

Due to Dutch privacy laws, the government has not publicly named the man. However, the New York Times interviewed him for an article in 2021, identifying him as 41-year-old Jonathan Jacob Meijer. 

Meijer donated sperm to at least 11 fertility clinics. According to the rules in the Netherlands, each clinic is permitted to allow a maximum of 12 mothers to use the sperm. Meijer lied to the clinics, telling them he had not donated elsewhere and had no plans to do so. In addition to donating to Dutch clinics, he donated to a fertility clinic in Denmark and offered his services across various social media platforms.

For more information see Claire Moses “Man Who Has Fathered Hundreds Is Barred From Donating Sperm” The New York Times, April 28, 2023.

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

A Prenup Saved Me When My Husband Left. One Could Save You, Too.

While most couples preparing for a walk down the aisle might not want to think about the possibility of their marriage ending or ponder the divorce laws in their state, the reality is that many marriages end in divorce. Prenups have long been considered cold and unromantic. However, a prenuptial agreement can save time, money, and emotional pain.

“I now realize you can be a romantic who believes in love and still be smart and make a plan just in case,” said Maria Squitieri of New York.

While a prenuptial agreement gets both parties to disclose their assets and debts, it is also an opportunity to discuss a wide range of possibilities like who might pay the mortgage on a house, how a couple might manage finances in their marriage, or where they might live if the couple has children.

Creating an agreement can vary in price, with the cost typically assumed by the person requesting the agreement. In addition, a separate lawyer is required to review the document, ensuring the other spouse is getting a favorable position. Divorce is hard, but there are ways to ease the transition if the time comes.

For more information see Caitlin Kelly “A Prenup Saved Me When My Husband Left. One Could Save You, Too.” The New York Times, April 21, 2023.

Special thanks to Jerome Borison for bringing this article to my attention.

Jerry Springer, Host of Unapologetically Brash Talk Show, Dies at 79

Jerry Springer, longtime host of “The Jerry Springer Show,” died Thursday at his home in Chicago at age 79. Springer experienced a brief illness prior to his death, which was confirmed by a family friend and executive producer of his show.

"The Jerry Springer Show" ran for nearly three decades and peaked its popularity in the 1990s. Mr. Springer always ended each segment with his signature sign-off: “Take care of yourself and each other.”

For more information see Remy Tumin “Jerry Springer, Host of Unapologetically Brash Talk Show, Dies at 79” The New York Times, April 27, 2023.

Before You Die, Secure Your Digital Life: Tips to make sure heirs can access your photos, files and passwords when you’re gone

Digital Assets in the form of photos, social media, and more should be an essential consideration in estate planning. Without proper attention, digital assets can become a burden for loved ones to deal with once you pass. 

More than simply keeping a list of passwords is required. Using a password manager, such as Bitawarden, 1Password, and LastPass, you may be able to designate a contact who can access it should you become incapacitated. 

Accounts like Apple allow the designation of a legacy contact, who can access photos, messages, notes, files, and more without knowing your password. However, other social media accounts do not offer as many options for legacy contacts. Survivors may be able to contact sites to remove a deceased person’s accounts. 

For more information see Julie Jargon “Before You Die, Secure Your Digital Life” The Wall Street Journal, April 22, 2023.

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

Article: An Opportunity to Redesign the SECURE Act 2.0

Albert Feuer (Law Offices of Albert Feuer) recently published an article, An Opportunity to Redesign the SECURE Act 2.0, Tax Management Compensation Planning Journal, 2023. Provided below is an abstract to the Article:

There has been much technocratic criticism of the SECURE Act 2.0’s elimination of catch-up contributions to 401(k) plans, 403(b) plans and 457(b) plans. This criticism disregards the effects of those catch-up provisions and those that increase the RMD. The SECURE Act 2.0 would better secure retirement equity if both those provisions were replaced by provisions that would help the tens of millions of workers struggling to accumulate adequate retirement savings. Moreover, more retirement equity would be created if SECURE Act 2.0 included more provisions to encourage better compliance with the retirement tax incentive rules including provisions to prevent those who violate the rules from benefitting from such violations.

Northwestern law prof’s federal case is ‘the definition of vexatious and wasteful,’ judge says in ordering sanction

Northwestern University Pritzker School of Law professor Bernard Black was ordered to pay attorney fees after the judge stated the case was “the definition of vexatious and wasteful” after Black attempted to remove a motion filed in Colorado probate court to federal court.

Black serves as trustee for the conservatorship of his sister, Joanne Black, who is special needs and unable to manage her affairs. He planned to remove a state court motion that sought to remove him as trustee. However, U.S. District Judge Daniel D. Domenico of the District of Colorado cited a “probate exception” that bars federal courts from deciding probate matters.

The dispute began in 2012 when Black’s mother passed away, leaving two-thirds of her estate to a special needs trust and a third to a trust for Black and his children. However, brokerage accounts containing millions of payable-on-death benefits were required to pass directly to the sister, bypassing the trusts. Black, acting as conservator, disclaimed the money, which reverted funds to the estate and benefitted Black's trust.

For more information see Debra Cassens Weiss “Northwestern law prof’s federal case is ‘the definition of vexatious and wasteful,’ judge says in ordering sanction” ABA Journal, April 11, 2023.

Americans Have a Positive View On Charitable Giving, Despite Limited Knowledge

Americans have a favorable view of charitable giving, with higher confidence in philanthropy than in government or private sector institutions. However, many who favor charitable giving are in the dark about how it works.

Indiana University’s Lilly Family School of Philanthropy surveyed over 1,300 adults in 2022. The goal was to illuminate people’s attitudes and beliefs about philanthropy and nonprofits. Americans interact with nonprofits regularly, however, definitions of philanthropy and trust in nonprofits vary by age group. Wealthier households had more awareness of donor-advised funds and how the philanthropic sector works.

“This study helps us better understand public views, which in turn can bolster the efforts of nonprofits and the sector’s leaders to help build greater levels of knowledge and trust that are vital to sustaining philanthropy with mutual benefit to donors and recipients alike,” says Una Osili, associate dean for research and international programs at Indiana University.

For more information see Joe Dziemianowicz “Americans Have a Positive View On Charitable Giving, Despite Limmited Knowledge” Barrons PENTA, April 7, 2023.

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

100-year-old sisters share 4 tips for staying mentally sharp as you age—and they don't say crossword puzzles

Sisters Ruth Sweedler, 103, and Shirley Hodes, 106, who live in Connecticut and North Carolina, respectively, pride themselves on their ability to stay sharp in their advanced age. Both say the key is to not "feel old" and to stay excited to learn new things. The sisters shared their advice to staying sharp in an interview with CNBC Make It.

The list includes reading, finding an enjoyable job, close personal relationships, and practicing gratitude.  Hodes told reporters, "you can't have everything.. and when you have the important things in life, you have to realize it." 

For more information see Maria Noyen “100-year-old sisters share 4 tips for staying mentall sharp as you age— and they don’t say crossword puzzles” CNBC Make It, March 30, 2023.

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

Article: Trust Law in Macao: An Organizational Law Account

Hui Jing (The University of Hong Kong) recently published an article, Trust Law in Macao: An Organizational Law Account, European Business Organization Law Review, 2023. Provided below is an abstract to the Article:

Drawing on the experiences of its East Asian forerunners, Macao’s Legislative Assembly introduced the Trust Law of the Macao Special Administrative Region (Macao Trust Law) on 3 November 2022, with the dual aim of encouraging the public’s use of trusts during asset transactions and regulating the conducting of trust businesses in Macao. As a newly enacted law, it is hardly surprising that there is a current lack of scholarly treatises examining its structure and provisions. This article is the first English-language analysis of the Macao Trust Law from an organisational law perspective. It has two parts. The first part explores how organisational laws’ internal administration and asset partitioning rules are manifested in the context of Macao trusts and identifies the problems associated with their observance. The second part discusses the implications of this organisational law analysis, proposing ways to address the problems identified in the Macao Trust Law and explaining the rationale behind these proposals.