Last Week in Estate Planning (August 7 to August 13, 2011)

August 15, 2011
300px JB Apollo Memorial1 Last Week in Estate Planning (August 7 to August 13, 2011)

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Top Posts and Articles of the Week

Post of the Week

James Brown Estate Mess Compromises His Final Wishes, Danielle Mayoras, Esq. & Andrew Mayoras, Esq., The Probate Lawyer Blog:  Famous Fortune Fights!

  • Even though James Brown left his $100 million estate to a special trust for needy children, his estate is still locked up in court.  The Mayoras husband-and-wife team have done a nice job at explaining the hold-up, and do a nice job of “humanizing” the story for those of us without $100 million.

Other Favorites

5 Topics To Discuss With Elderly Parents, Sabrina Winters, Esq., NC Estate Planning Attorney Blog.

Estate of the Month:  Disinheriting a Child and Its Unforeseen Consequences, Christopher Guest, Esq., VA Estate Planner Blog.

Heirs of ‘Munchkin’ Mickey Carroll allege theft of $500,000, Estate of Denial – citing Heirs of ‘Munchkin Mickey Carroll allege theft of $500,000, Michael D. Sorkin, stltoday.com.

QPRTs Can Also Be Used to Avoid Ancillary Probate, Bryan Howard, Esq., Tennessee Estate Planning Lawyer & Attorney Blog.

  • In most cases, estate planning attorneys will recommend living trusts to avoid probate on your real estate located in a different state or country.  Mr. Howard illustrates the use of a Qualified Personal Residence Trust for this purpose as well.

Three Documents Every College Student Needs, Rania Combs, Esq., Texas Wills and Trusts Law Online.

  • Take a look at this one especially if you are about to send your child off to college.

Writing Your Own Will with LegalZoom, Rocket Lawyer, or Quicken WillMaker, Matthew W. Gibson, Esq., willsandwealth.com.

  • Mr. Gibson summarizes a recent Consumer Reports article comparing three will preparation software packages.

For Professionals and Interested Readers

Article on Using Constructive Trusts to Cure Testamentary Mistake, Prof. Gerry Beyer, Wills, Trusts & Estates Prof Blog — citing Changing the Estate Planning Malpractice Landscape:  Applying the Constructive Trust to Cure Testamentary Mistake, Victora J. Haneman, University of LaVerne College of Law.

  • Ms. Haneman cites In Re Estate of Tolin, 622 So.2d 988 (Fla. 1993) as the “leading case dealing with a court’s ability to correct a mistake when faced with the harsh outcome that would result with strict adherence to statute.”

Guardian Removes Life Support From Terminally-Ill Patient Contrary To Wishes Of Health Care Proxy, Donald D. Vanerelli, Esq., Law Office of Donald D. Vanerelli Blog.

  • Mr. Vanerelli describes a recent case from the Superior Court of New Jersey where a health care proxy was deemed invalid.

Long-Term Leases Substantially Reduce Estate Tax, Bryan Howard, Esq., Tennessee Estate Planning Lawyer & Attorney Blog.

Don’t forget to nominate any top new estate planning posts or articles for the week of August 14 to August 21, 2011 in the Comments section below.  Have a great week!

 Last Week in Estate Planning (August 7 to August 13, 2011)
 Last Week in Estate Planning (August 7 to August 13, 2011)

Scott

Scott R. Zucker, Esq. is the owner of The Zucker Law Firm PLLC, located just outside the Capital Beltway in Annandale, within five miles of the City of Fairfax, the county seat of beautiful Fairfax County, Virginia. The firm focuses mainly on estate planning services for Virginia, Maryland and Pennsylvania clientele, and seeks to do so in an affordable and approachable way. People interested in learning more can contact Scott by phone or email.

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