Probate lawyer Dennis Szafran in Tampa, Florida, closed his law firm abruptly and informed Judge Sherwood Coleman that he had been diligently trying to file withdrawal motions for over 800 clients. Szafran claimed no funds or assets in his name,…
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Wills, Trusts & Estates Prof Blog
Latest from Wills, Trusts & Estates Prof Blog - Page 39
Pennsylvania Appellate Court Issues Important Win For Parents Using Assisted Reproduction
In a landmark December 11, 2023 ruling, the Superior Court of Pennsylvania overturned a prior decision in Junior v. Glover, favoring the nonbiological parent, Nicole Junior. The case involved a same-sex couple who utilized assisted reproduction to conceive a child….
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The Charitable Trust Doctrine: Application to Unrestricted Gifts
Richard A. Newman (ArentFox Schiff) recently published, The Charitable Trust Doctrine: Application to Unrestricted Gifts, ABA Probate & Property Magazine, January/February 2023. Provided below is an Abstract: At common law, assets held by charitable nonprofit organizations are generally understood to…
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Solving Generation-Skipping Transfer Tax Problems: Five Practical Remedies to Resolve Exemption Allocation Issues
Carol Warley, Abbie M. B. Everist, Amber Waldman, and Rachel Ruffalo (Washington National Tax) recently published, Solving Generation-Skipping Transfer Tax Problems: Five Practical Remedies to Resolve Exemption Allocation Issues, ABA Probate & Property Magazine, January/February 2023. Provided below is an…
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Prince’s Heirs Go to Court in Latest Round of Infighting Over Estate
In the latest legal battle over Prince’s estate, four of the artist’s heirs are facing a lawsuit from two former business associates, L. Londell McMillan and Charles Spicer. The lawsuit, filed in Delaware court, revolves around control of Prince Legacy…
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Call for Papers: Constitutional Issues in the Trusts and Estates Field
The American College of Trust and Estate Counsel (ACTEC) announces a Call for Papers with a focus on constitutional issues in the trusts and estates field over the past 50 years, since the founding of the ACTEC Law Journal. This…
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Advance Directives: Drafting and Implementation
Allison R. Clapp (Stewart, Plant & Blumenthal) and Ashley F. Lanzel (Children’s National Hospital) recently published, Advance Directives: Drafting and Implementation, ABA Probate & Property Magazine, January/February 2023. Provided below is an Abstract: An advance directive is a legal document…
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An Income Gap Is Jeopardizing Retirement for Millions of Americans
The New York Times columnist Paula Span recently addressed the challenges many middle-class Americans face, particularly older individuals with lower incomes. Drawing on research from the journal Health Affairs, Span highlighted a growing income gap among Americans nearing retirement. The…
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Could an AI ‘death calculator’ actually be a good thing?
Researchers have developed an algorithm, life2vec, that uses Denmark’s registry data to predict a person’s life course, including the likelihood of premature death. The algorithm, inspired by large language models like ChatGPT, outperformed other predictive models, including those used by…
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Opinion: I Promised My Sister I Would Write About How She Chose to Die
Steve Petrow reflects on the final moments with his sister Julie, who was suffering from advanced ovarian cancer. Despite the expectation of a peaceful end through liver failure, Julie’s tumors continued to grow, causing her intense pain. The family shared…
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Article: The Law of a Last Request: Bury Me with My Favorite Toy, Part 2
William A. Drennan (Southern Illinois University) recently published, The Law of a Last Request: Bury Me with My Favorite Toy, Part 2, ABA Probate & Property Magazine, January/February 2023. Provided below is an Abstract: Can you legally arrange to be…
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Trusts and Trustees: Their Successes and Successors
Mark Leeming (The University of Sydney) recently published, Trusts and Trustees: Their Successes and Successors, Australia Bar Review, 2023. Provided below is an Abstract: This tenth John Lehane Memorial Lecture has three parts. The first contains some memories of John…
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Proprietary Status of the Whole Body of a Living Person
Arseny Shevelev and Georgy Shevelev recently published, Proprietary Status of the Whole Body of a Living Person, 86 Rabels Zeitschrift für ausländisches und internationales Privatrecht 977, 2022. Provided below is an Abstract: This article is a reaction to the growing…
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Hereford wife will honor husband’s lifelong dream by sending his remains into space
Wendy Stangle’s perspective on science fiction changed after marrying her husband Brian, a passionate “Star Trek” fan. Despite Brian’s diagnosis of diabetes at 14 and doctors’ grim predictions, the couple enjoyed a fulfilling life together. Unfortunately, Brian passed away at…
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Can RICO Be Used in a Trust Dispute?
In UMB Bank v. Guerin, a trustee, UMB Bank, sued the beneficiaries of a trust under the Racketeer Influenced and Corrupt Organizations Act (RICO), typically used against organized crime. The trust involved valuable assets, and the beneficiaries had sued the…
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The Transfer of Facebook, Instagram, Icloud Accounts, etc., in Germany and Austria
Gregor Christandl (University of Graz) recently published, The Transfer of Facebook, Instagram, Icloud Accounts, etc., in Germany and Austria, Graz Law Working Paper, November 2023. Provided below is an Abstract: It is only in the last decade that German and…
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