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626911http://www.feedburner.comMichigan State Governments and Universities Prohibited From Offering Benefits to Same-Sex Couplestag:typepad.com,2003:post-498295962008-05-13T19:55:46-04:002008-05-13T23:57:06Z2008-05-13T23:55:46ZOn May 7, 2008, the Michigan Supreme Court in National Pride At Work v. Governor of Michigan held that Michigan governmental entities and public universities may not offer health insurance to the partners of same-sex employees because doing so violates...Trusts EstatesProfEstate Planning - GenerallyNew CasesAn Overlooked Aspect of Estate Planning -- Property & Casualty Insurancetag:typepad.com,2003:post-498138822008-05-13T14:06:58-04:002008-05-13T18:08:16Z2008-05-13T18:06:58ZMichael S. Arlein (senior associate in the Personal Planning Group of Patterson Belknap Webb & Tyler LLP) and Timothy O'Brien (Director of Private Client Services at Cook, Hall & Hyde, Inc.) have recently published their article entitled Will State Farm...Trusts EstatesProfArticlesEstate Planning - GenerallyPower of Attorney Suggestionstag:typepad.com,2003:post-497891442008-05-13T08:23:29-04:002008-05-13T12:24:28Z2008-05-13T12:23:29ZThe problems that may arise with a durable power of attorney for property management are highlighted in Pamela Yip, Be picky to make sure power of attorney is honored, Dallas Morning News, May 12, 2008. The article outlines some of...Trusts EstatesProfDisability Planning - Property ManagementJudge facing indecent exposure charges "demoted" to probate casestag:typepad.com,2003:post-497441682008-05-12T13:20:22-04:002008-05-12T17:21:17Z2008-05-12T17:20:22ZIn April 2008, Tulsa County Oklahoma District Judge Jessie Harris was charged with two counts of indecent exposure. See Judge Jessie Harris Busted, Bubbaworld, April 25, 2008. While his charges are resolved, he has been "demoted" from the felony docket...Trusts EstatesProfCurrent EventsEstate AdministrationThe Singing Canadian Wills Lawyertag:typepad.com,2003:post-497428722008-05-12T12:51:02-04:002008-05-12T16:51:55Z2008-05-12T16:51:02ZCanadian lawyer Les Kotzer takes a somewhat untraditional approach to his estate planning practice -- he writes and performs songs which point out various aspects of the estate planning practice. For example, here are a few of the lyrics from...Trusts EstatesProfEstate Planning - GenerallyAdvance Directives May Unearth Buried Family Issuestag:typepad.com,2003:post-497384262008-05-12T11:39:38-04:002008-05-12T15:40:45Z2008-05-12T15:39:38ZTerri Cullen provides a first-hand report of the Hidden Complications of a Living Will, Wall St. J., May 1, 2008. She explains what happened when her mom, after learning that she needed potentially risky surgery, decided to formalize her desires...Trusts EstatesProfDeath Event PlanningDisability Planning - Health CareERISA, Trust Law, and the Appropriate Standard of Reviewtag:typepad.com,2003:post-497367462008-05-12T11:07:32-04:002008-05-12T15:08:54Z2008-05-12T15:07:32ZJoshua Foster (J.D. Candidate, June 2008, St. John's University School of Law) has recently published his Note entitled ERISA, Trust Law, and the Appropriate Standard of Review: A De Novo Review of Why the Elimination of Discretionary Clauses Would be...Trusts EstatesProfArticlesNon-Probate AssetsTrustsCemetery in Dave Jones' Lockertag:typepad.com,2003:post-497037722008-05-11T12:36:49-04:002008-05-11T16:37:40Z2008-05-11T16:36:49ZA submerged cemetery named Neptune Memorial Reef is located 45 feet under the water off the coast of Key Biscayne, Florida. The cemetery is complete with gates, pathways, benches, and plaques. The following is from AP, For sea lovers, a...Trusts EstatesProfDeath Event PlanningTop SSRN Downloadstag:typepad.com,2003:post-497030742008-05-11T12:09:56-04:002008-05-11T16:10:48Z2008-05-11T16:09:56ZHere are the top downloads from March 12, 2008 to May 11, 2008 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 390 Deduction Ad...Trusts EstatesProfArticlesSkills Training for Estate Planners CLE Programtag:typepad.com,2003:post-496685122008-05-10T12:22:21-04:002008-05-10T16:23:10Z2008-05-10T16:22:21ZThe ABA Section of Real Property, Trust and Estate Law is sponsoring the Skills Training for Estate Planners CLE Program July 21-25, 2008 at the New York Law School. Here is description of the program: For over ten years, this...Trusts EstatesProfConferences & CLEThe "Lottery Curse" Strikes Againtag:typepad.com,2003:post-496635182008-05-10T08:46:44-04:002008-05-10T12:47:50Z2008-05-10T12:46:44ZI have often reported on this blog about the difficulties lottery winners face after striking it big (see Jack Whittaker Update). Persons who suddenly obtain large amounts of money, such as performers, professional athletes, lottery winners, or personal injury plaintiffs,...Trusts EstatesProfCurrent EventsEstate Planning - GenerallyOhio Supreme Court Upholds Strict Privity Requirementtag:typepad.com,2003:post-496541422008-05-09T20:27:23-04:002008-05-10T00:28:14Z2008-05-10T00:27:23ZThe following posting is provide through the courtesy of Prof. Paul Caron's TaxProf Blog: The Ohio Supreme Court on Wednesday unanimously held that children could not sue their deceased mother's attorney for negligence in the preparation of a deed during...Trusts EstatesProfMalpracticeNew CasesMore on the "Middle-Class Wealthy"tag:typepad.com,2003:post-496419962008-05-09T14:38:32-04:002008-05-09T18:39:28Z2008-05-09T18:38:32ZAs discussed earlier on this blog, there is a growing segment of the population which many would consider "rich" but which consider themselves merely "middle-class," that is, people with a net worth of $1 million to $10 million. Based on...Trusts EstatesProfEstate Planning - GenerallyAlkaline Hydrolysis -- A Better Way of Body Disposition?tag:typepad.com,2003:post-496250422008-05-09T08:12:51-04:002008-05-09T12:14:02Z2008-05-09T12:12:51ZCremation and burial may be so yesterday if alkaline hydrolysis becomes popular. Using this process, lye is used to dissolve the body into a brown syrup which can then be poured down the drain. Here are some excerpts from Norma...Trusts EstatesProfDeath Event PlanningWill Formalties -- Should Noncompliance be Excused?tag:typepad.com,2003:post-495830482008-05-08T11:24:14-04:002008-05-08T15:25:01Z2008-05-08T15:24:14ZMatthew D. Owdom has recently published his casenote entitled Post-death Subscription: The Protective Function Reborn, 39 McGeorge L. Rev. 359 (2008). Here is an excerpt from the introduction to his article: Many beneficiaries have been unfortunate enough to discover that...Trusts EstatesProfArticlesWillsHave Non-Probate Transfers Gone Too Far?tag:typepad.com,2003:post-495799442008-05-08T10:17:22-04:002008-05-08T14:18:23Z2008-05-08T14:17:22ZKent Schenkel (Associate Professor, New England School of Law) has recently posted on SSRN his article entitled Testamentary Fragmentation and the Diminishing Role of the Will: An Argument for Revival. This article is scheduled for publication in 41 Creighton L....Trusts EstatesProfArticlesNon-Probate AssetsWillsHow do millionaires think?tag:typepad.com,2003:post-495792302008-05-08T09:59:48-04:002008-05-08T14:00:10Z2008-05-08T13:59:48ZThe following are some of the key findings from the third annual Wealth in America study conducted for Northern Trust: Millionaire households have become more advisor-oriented over the past two years, and less reliant on their own efforts. In particular,...Trusts EstatesProfEstate Planning - GenerallyHeir Discusses Inheritancetag:typepad.com,2003:post-495785042008-05-08T09:42:43-04:002008-05-08T13:44:00Z2008-05-08T13:42:43ZFor a short but interesting news report about a daughter who recently received a large inheritance from her mother, watch A Mother's Last Gift, CNN.com. What I find interesting about this report is that the daughter claims to be grieving...Trusts EstatesProfEstate Planning - GenerallyBreach of Gift Condition?tag:typepad.com,2003:post-495248322008-05-07T10:55:25-04:002008-05-07T14:56:14Z2008-05-07T14:55:25ZLouisa Lippitt died in 1912 leaving $4,000 in her will to the Rhode Island Hospital conditioned on the money being used to provide a permanent free bed for needy patients as selected by Children's Friend and Service (the successor charity...Trusts EstatesProfArticlesWillsMoving the Situs of a Trusttag:typepad.com,2003:post-495241762008-05-07T10:41:25-04:002008-05-07T14:42:01Z2008-05-07T14:41:25ZRichard W. Nenno, (Managing Director and Trust Counsel, Wilmington Trust Company) has recently published his article entitled The Trust from Hell: Can It Be Moved to a Celestial Jurisdiction?, Prob. & Prop., May/June 2008, at 58. This article begins by...Trusts EstatesProfArticlesTrustsSocial Responsible Investing -- Should Beneficiaries Suffer for "the Greater Good"?tag:typepad.com,2003:post-495235942008-05-07T10:27:23-04:002008-05-07T14:28:45Z2008-05-07T14:27:23ZJoel Dobris (Professor of Law, UC Davis School of Law) has recently published his article entitled SRI--Shibboleth or Canard (Socially Responsible Investing, That Is), Real Prop., Prob. & Tr. J. 755 (2008). [Note: ABA membership needed to access article via...Trusts EstatesProfArticlesTrustsCemeteries prevail over Kansas City Airporttag:typepad.com,2003:post-495229102008-05-07T10:13:03-04:002008-05-07T14:13:54Z2008-05-07T14:13:03ZAn ongoing fight between the Kansas City International Airport and relatives of individuals buried in homestead cemeteries which are in the path of proposed airport expansion has recently been resolved. According to Glenn E. Rice and John Shultz, Platte County...Trusts EstatesProfCurrent EventsDeath Event Planning