Estate of Denial:  A messy legal dispute over the publication rights to many of John Steinbeck’s famous works was denied further review by the Supreme Court, the justices announced Monday. The legendary author’s only surviving son and sole grandchild filed notice seeking to regain control of the copyrights that had been signed away in 1938. But lower courts have ruled that the pair’s application is invalid because of an agreement Steinbeck’s third wife Elaine made 17 years ago. Over the years, Congress has passed several laws allowing for artists or their heirs to assume control over copyrighted work decades after the fact. The laws were created as an acknowledgment that creative works often don’t realize their full commercial value until well after their initial publication.

The Probate Lawyer Blog:  Legal controversy has surrounded the Estate of Michael Jackson ever since he died almost two years ago.  Trial & Heirs did a year in review article last year; it’s almost time for year two. You can now add a new lawsuit — over $17.5 million worth of life insurance — to the list.   Concert promoter AEG Live took out the large life insurance policy over Michael Jackson in case he died and was unable to perform the “This Is It” concert tour.  Of course, that’s exactly what happened, showing that AEG was smart to take that precaution. Reportedly, AEG spent some $20 to $25 million on the tour before the King of Pop’s death, and this insurance was supposed to protect that investment.

24-7 Press Release.com:  It is true that trusts are invaluable tools for those with a large amount of assets.  Trusts can help to avoid estate and gift taxes;  they can put conditions on the money in the trust fund to prevent large amounts of money being available to someone too young to manage it wisely.  Trusts can also be a great tool for charitable donations.  However, trusts are no longer just the overly complicated tools of the wealthy.  From taking care of assets that are difficult to liquidate, such as real estate or a business, to providing for a child with special needs,  trusts are a straightforward tool that many people should discuss with an estate planning lawyer.

Lorain County Moms.com:  Moms and dads plan for family trips, college and weddings, but life sometimes throws a curve called autism. And it’s hitting more and more families. An average of one in every 110 children in the United States has an autism spectrum disorder. These neurodevelopmental disorders can make communication and social interaction difficult, sometimes impossible, for those who struggle with them. Autism poses yet another challenge for parents, though, one that requires a different set of experts.  Parents must pencil out how they will pay for everything that is needed sometimes for a child’s lifetime.

WealthCounsel: Good article summing up the different stages people go through in their life and the role estate planning plays in each of these stages to protect wealth: “Life is transition.  Every day there is some experience that causes us to stop and think about financial and legal alternatives including all their ramifications.  Having a “transition team” consisting of a trusted financial advisor, certified public account and legal professional can make life’s transitions less complex and overall more rewarding.”

Wills, Trusts & Estates Prof Blog:  Many people have the same regrets when it comes to their life decisions. Below are the five most common regrets people make on their deathbeds according to Bronnie Ware, a woman who cared for the dying for many years…

Forbes: Are you thinking of making a strange request in your will?  Check out 10 strange requests some celebrities made in their last will in testament.

Investopedia:  The article provides a list of six estate planning documents everybody should have and gives a general description of each.  For a more in-depth analysis and description of each of these documents view the KEYTLaw estate planning library.

FOXNEWS:  Brittney Spears' parents seek to prevent her from testifying in court.  Although the article acknowledges Britney's improvement, it illustrates the significant restraints a conservatorship can place on one's life.  Brittney's father has complete control over Britney's financial assets, and he can even prevent her from marrying her boyfriend.  Estate of Denial has a good synopsis on the effects a conservatorship can have on one's life: “Though the term conservatorship or guardianship can conjure an image of a nurturing, protective relationship, the status typically means that the conserved person (or ward) loses basic rights, such as the ability to sign contracts, vote, marry or divorce, buy or sell real estate, or make decisions about medical procedures.”

Forbes:  “Demand for estate planning has actually been declining for years.  People are reluctant to pay fees for work that does not currently benefit them.  They don’t see estate planning as a productive use of their funds….People still need to plan their estate, to make sure their property goes to the persons they want it to go to, and to avoid probate on succession to their property….And people need the assistance of an estate planning attorney in planning their estate. Poorly-drawn, ambiguous documents can spark litigation, and fail the testator’s purpose. But the days of carte blanche fees paid to estate planning attorneys are passing away.” Perhaps the article fails to mention other possibilities surrounding the decrease in demand for Estate Planning such as uncertainty

Jeff Conway, the actor who played Kenickie in Grease, fell into a coma on May, 11 and has been on life support ever since.  His family wanted to end life support; however, his girlfriend claimed she had a medical power of attorney giving her control of the actor's healthcare decisions.  From the Daily Mail: “Grease star Jeff Conaway's family have decided to turn off  his life support machine, according to reports…His ventilator was then set to be removed, until Vikki Lizzi contacted the hospital.  ‘Vikki has the power of attorney and also has a living trust from 2007 that names her as a guarantor of the trust,' a source told Radar. ‘The hospital has assured the attorney they won’t do anything until they re-read the

With the increase of the gift tax exemption to $5,000,000 in 2011, the IRS has been seeking real estate records from different states in an effort to penalize families seeking to take advantage of the increased exemption amount without filing a gift tax return.  The Wall Street Journal summarizes a recent failed attempt by the IRS to seek records in California.

Womensday.com: This article lists six things an individual should consider when drafting a will: Giving away smaller items Naming a guardian to care for children Naming a personal representative to handle the affairs of the estate Using online forms to draft a will rather than an attorney Updating existing wills Living Wills

The Probate Lawyer Blog:  Leona Helmsley, “The Queen of Mean,” had a soft spot in her heart for dogs.  Helmsley died with an estate valued between four and five billion dollars.  She directed the trustees of the trust to give a substantial portion of her estate to charities benefiting dogs such as the humane society.  The article provides: “Helmsley left most of the remainder of her billions to charity, specifically directing that her trustees were to use their discretion for what charitable purposes to benefit. But she also signed a Mission Statement that instructed the trustees to exercise that discretion first for “purposes related to the provision of care for dogs” and, only secondly, for “such other charitable activities as the Trustees shall determine.”  

Barron's: Trustees commit the same mistakes when managing trust assets.  These mistakes can subject the trustee to liability from the beneficiaries of the trust.  This article lists five common mistakes made by trustees and provides tips on how trustees can avoid making these mistakes.

Arizona Republic: The Arizona Legislature approved two bills changing the way probate court operates.  The Legislature hopes the new changes will prevent lawyers and and individual's managing the assets of of incapacitated individuals from charging excessive fees and depleting the assets of those incapacitated individuals.  Supporters of the law expressed disappoint that the law failed to contain a provision requiring lawyers and asset managers to provide the probate court with a budget before being appointed by the probate court.  However, a rule will most likely be enacted by the Arizona Supreme Court requiring those individuals who wish to serve in such a role to submit a budget to the probate court.

Estate of Denial: A Michigan industrialist, Wellington Burt,  drafted his will preventing his family members from inheriting any of his estate for nearly 100 years.  Burt, who died in 1919, drafted a will which provided that no distributions from the estate should occur until 21 years after the death of his last living grandchild.  Burt's last living grandchild died in 1989, and the heirs have been battling since then to determine their respective share of the estate.

So many people today are using Facebook and Twitter to stay in touch with friends and family.  Have you considered what happens to your social medial accounts when you die?  A recent article in Wealth Counsel discussed how this information can be accessed by your loved ones after you die.  As an estate planning lawyer our job is to preserve not just our clients’ financial wealth, but their legacy as well. That often means going beyond financial assets covered by “traditional” estate planning methods, and delving deep into human assets such as family values, traditions, and memories.  More and more people are using social media sites such as Twitter and Facebook to record important memories such as the birth of a baby, a child’s graduation, a wedding

Question:  I am the trustee of my Arizona gun trust.  The trust registered the NFA firearm with the BATFE.  The weapon was shipped to my local Arizona FFL and is waiting to be picked up.  I recently moved to Arizona from another state and have not yet obtained an Arizona driver's license.  Can I get the NFA firearm from the dealer? Answer:  No.  As trustee of the gun trust that registered NFA firearm, you have the legal right to possess the firearm.  However, federal law requires that the dealer obtain a completed and signed Form 4473 from you and do a NICS check.  You must present an acceptable form of ID that shows your current residence address.  If your only ID is your non-Arizona driver's