Estate Planning
Overview
Estate planning arranges for the transfer of an individual's estate at the time of death. An estate consists of all property owned at death before it is distributed by will, trust, or intestacy laws. An estate may contain both real property (real estate, including houses and investment properties) and personal property (all other property, including bank accounts, securities, jewelry and automobiles). Typically, the process of estate planning involves extensive consultation with a number of professional advisors, including lawyers, financial counselors, accountants and life insurance representatives.
Purpose of Estate Planning
Estate planning benefits those with large estates, as well as those with modest assets. Creating an estate plan ensures that all property will be distributed according to the personal wishes of the deceased, and that those who are benefiting from the estate receive the largest distribution possible with a minimum amount of delay. Specifically, estate planning allows an individual to decide exactly who will benefit from their estate, and to what extent. Estate planning also ensures that the estate will not be destroyed by taxes imposed on the transfer of assets at death. In addition to providing financial security, estate planning encourages individuals to make important decisions, such as appointing a guardian for minor children, choosing healthcare preferences, and securing funeral arrangements.
LegislationFeed
Bill Introduced: S.3470 Support for Iraq Oil Trust Act of 2008
A bill to require United States Government representatives to present to the Government of Iraq a plan to establish an oil trust.Bill Signed by President: H.R.6580 Hubbard Act
To ensure the fair treatment of a member of the Armed Forces who is discharged from the Armed Forces, at the request of the member, pursuant to the Department of Defense policy permitting the early discharge of a member who is the only surviving child in a family in which the father or mother, or one or more siblings, served in the Armed Forces and, because of hazards incident to such service, was killed, died as a result of wounds, accident, or disease, is in a captured or missing in action status, or is permanently disabled, to amend the Internal Revenue Code of 1986 to repeal the dollar limitation on contributions to funeral trusts, and for other purposes.
August 28, 2008: Signed by President.Bill Enacted: H.R.3221 Housing and Economic Recovery Act of 2008
A bill to provide needed housing reform and for other purposes.
July 29, 2008: Became Public Law No: 110-289.Bill Enacted: H.R.6331 Medicare Improvements for Patients and Providers Act of 2008
To amend titles XVIII and XIX of the Social Security Act to extend expiring provisions under the Medicare Program, to improve beneficiary access to preventive and mental health services, to enhance low-income benefit programs, and to maintain access to care in rural areas, including pharmacy access, and for other purposes.
July 14, 2008: Became Public Law No: 110-275.Bill Introduced: H.R.6382 Pension Protection Technical Corrections Act of 2008
To make technical corrections related to the Pension Protection Act of 2006, and for other purposes.
ArticlesFeed
When Sommers are Winters: Do Blanks Denote Revocability?
Tax Notes, Vol. 138, No. 12, 2013 Wendy C. Gerzog University of Baltimore - School of Law Date Posted: March 25, 2013 Accepted Paper Series 68 downloads The Fiduciary Obligations of Financial Advisors Under the Law of Agency Harvard Public Law Working Paper No. 13-16 Robert H. Sitkoff Harvard Law School Date Posted: March 19, 2013 Last Revised: June 08, 2013Jewish and American Inheritance Law: Commonalities, Clashes, and Estate Planning Consequences
Jewish and American Inheritance Law: Commonalities, Clashes and Estate Planning Consequences, in L. Moscovits (ed.), Jewish Law Association Studies XXII (2012) Donna Litman and Steven H. Resnicoff Nova Southeastern University, Shepard Broad Law Center and DePaul University College of Law Date Posted: April 18, 2013 Accepted Paper Series 52 downloads Overview of Indignity Probate Cases Journal of Criminal Investigation, No. 1/2012 Veronica Stoica Independent Date Posted: April 13, 2013 Accepted Paper Series Consultation Paper on Common-Law Tests of Capacity British Columbia Law Institute British Columbia Law Institute (BCLI) Date Posted: April 12, 2013 Working Paper Series 54 downloads Afterlife in the Cloud: Managing a Digital Estate 5 Hastings and Science Technology Law Journal 210, 2013 Jamie Patrick Hopkins The American College Date Posted: April 11, 2013 Last Revised: June 03, 2013Unworthiness to Inherit, Public Policy, Forfeiture: The Scottish Story
Tulane Law Review (Tul. L. Rev.), Vol. 87, No. 4., pp. 741-785, 2013, Max Planck Private Law Research Paper No. 13/9 John MacLeod and Reinhard Zimmermann University of Glasgow and Max Planck Institute for Comparative and International Private Law Date Posted: April 23, 2013 Accepted Paper Series 31 downloads Intestacy Law In Australia, England and Singapore - Another Aid to Social Sustainability in an Ageing Population? Singapore Journal of Legal Studies, p. 366, December 2012 Fiona Burns University of Sydney - Faculty of Law Date Posted: April 23, 2013 Working Paper Series 8 downloads Reforming the Taxation of Trusts â Piecing Together the Mosaic Sydney Law Review, Vol. 35, No. 1, pp. 187-235, 2013, Sydney Law School Research Paper No. 13/33 Graeme S. Cooper University of Sydney - Faculty of Law Date Posted: April 22, 2013 Last Revised: May 27, 2013Tipping the Scales in Favor of Charitable Bequests: A Critique
Elizabeth Ruth Carter Louisiana State University, Baton Rouge - Paul M. Hebert Law Center Date Posted: June 16, 2013 Working Paper Series 1 downloads Family History: Inside and Out 111 Michigan Law Review 1001 (2013) Kerry Abrams University of Virginia School of Law Date Posted: June 13, 2013 Working Paper Series 7 downloads Understanding Elder Abuse: New Directions for Developing Theories of Elder Abuse Occurring in Domestic Settings Research in Brief, National Institute of Justice, June 2013 Shelly L. Jackson and Thomas L. Hafemeister University of Virginia; Psychiatry and Neurobehavioral Sciences and University of Virginia School of Law Date Posted: June 12, 2013 Accepted Paper Series 4 downloads Invalid Contracts, Estoppel and Constructive Trusts [2005] Conveyancer & Property Lawyer 247 Date Posted: June 10, 2013 Accepted Paper Series 3 downloads Killers Shouldn't Inherit from Their Victims -- Or Should They? Georgia Law Review, Forthcoming Carla Spivack Oklahoma City University School of Law Date Posted: June 10, 2013 Accepted Paper Series Charitable Contributions of Property: A Broken System Reimagined Harvard Journal on Legislation, Vol. 50, No. 263, 2013 Roger Colinvaux Catholic University of America (CUA) - Columbus School of Law Date Posted: June 07, 2013 Accepted Paper Series 59 downloads Professional Negligence: The Shape of Things to Come? âProfessional Negligence: The Shape of Things to Come?â (paper presented to the Professional Negligence: Current Legal Developments Seminar, Faculty of Law, Monash University, Melbourne, 3 April 1984)., Ivor Richardson Victoria University of Wellington - Faculty of Law Date Posted: June 06, 2013 Accepted Paper Series 4 downloads Estoppel and Testamentary Freedom [2008] Conveyancer & Property Lawyer 65 Date Posted: June 04, 2013 Accepted Paper Series 2 downloads The Good, the Bad and the Poor Man's Prenup: An Analysis of the Ohio Legacy Trust Act and What Asset Protection Trusts Will Mean for Ohio The Cleveland State Law Review, Forthcoming Kevin R. McKinnis Cleveland State University Date Posted: June 03, 2013 Working Paper Series 184 downloads Incomplete Wills Michigan Law Review, Vol. 111, No. 8, 2013, San Diego Legal Studies Paper No. 13-118 Adam J. Hirsch University of San Diego Date Posted: June 01, 2013 Accepted Paper Series 30 downloads Editor's Notebook: Jones v. Kernott (2010) EWCA Civ 578; (2010) 1 W.L.R. 2401 (CA (Civ Div)) and Stack v. Dowden (2007) UKHL 17; (2007) 2 A.C. 432 (HL) Conveyancer & Property Lawyer, 87, 2011 Date Posted: June 01, 2013 Accepted Paper Series 5 downloads Valuing Fractional Interests in Art for Estate Tax Purposes Tax Notes, Vol. 139, No. 9, 2013 Wendy C. Gerzog University of Baltimore - School of Law Date Posted: May 31, 2013 Accepted Paper Series 81 downloads Federal Income and Wealth Transfer Taxation: What Happened and What Might Happen Next Estate Planning Developments for Texas Professionals, May 2013 Gerry W. Beyer and Robert L. Moshman Texas Tech University School of Law and Independent Date Posted: May 31, 2013 Accepted Paper Series 86 downloads Texas Case Law Update Gerry W. Beyer Texas Tech University School of Law Date Posted: May 30, 2013 Working Paper Series 115 downloads Laying Your Online Self to Rest: Evaluating the Uniform Fiduciary Access to Digital Assets Act University of Miami Law Review, Forthcoming Samantha Haworth Independent Date Posted: May 25, 2013 Accepted Paper Series 12 downloads Een eerste commentaar bij de Wet van 10 December 2012 inzake de onwaardigheid, de plaatsvervulling, de huwelijksvoordelen en de giften (First Commentary on the New Act December 2012 on Inherintancy Indignity, New Rules for Substitution, Matrimonial Advantages and Gifts) (with R. Barbaix) in Rechtskundig Weekblad 2012-2013, p. 1162-1179. Alain-Laurent Verbeke University of Leuven, Faculty of Law, Department of Private Law Date Posted: May 24, 2013 Working Paper Series 98 downloads La successió intestada dels parents col·laterals al Codi civil de Catalunya (The Intestate Succession of Collateral Relatives in the Catalan Civil Code) InDret, Vol. 2, 2013 Jaume Tarabal University of Barcelona Date Posted: May 19, 2013 Accepted Paper Series 5 downloads La ley aplicable a las sucesiones mortis causa en el Reglamento (UE) 650/2012 (The Applicable Law to Succession Upon Death in the New Regulation (EU) No. 650/2012) InDret, Vol. 2, 2013 Isabel RodrÃguez-UrÃa Suárez Universidad de Santiago de Compostela Date Posted: May 19, 2013 Accepted Paper Series 11 downloads All Out of Chewing Gum: A Case for a More Coherent Limitations Period for ERISA Breach of Fiduciary Duty Claims University of Chicago Law Review, Vol. 81, 2014, Forthcoming Raphael Janove University of Chicago Law Review Date Posted: May 18, 2013 Last Revised: May 19, 2013Social Security Representative Payee Misuse
Penn State Law Review, Vol. 117, No. 4, 2013 Reid K. Weisbord Rutgers Law School - Newark Date Posted: April 22, 2013 Accepted Paper Series 43 downloads Digital Planning: The Future of Elder Law NAELA Journal, Vol. 9, p. 135, 2013 Gerry W. Beyer and Naomi Cahn Texas Tech University School of Law and George Washington University - Law School Date Posted: April 18, 2013 Last Revised: May 03, 2013
