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Recent news reports indicate that a New York court has ruled that the trustees of the Leona Helmsley trust have sole authority to distribute trust assets. $1 million will go to dog related charities, the remaining $135 million to hospitals and medical research. This article illustrates that courts can, and do, get involved with trusts. Often times clients want a trust, saying they want to keep the courts out of their business. Unfortunately, that is not always the case.

Recently I worked with some clients on an estate plan, and part of the process was to help them coordinate donating their body to research. The opted to work with the University of Wisconsin Madison, School of Medicine and Public Health, Anatomy Department's Body Donation Program. Wisconsin law allows a person, while living, to arrange to donate his or her body to a medical school as long as the donation is for educational purposes. At the UW, once study of the body is completed, the remains are cremated. Ashes may be returned to the family if designated forms are completed. According to the school, it is normally two years before the ashes are returned. Ashes that are not returned to the family are buried in an unmarked grave on University property. To ask additional questions or obtain a donation form, contact the UW at 608-262-2888.

There was an odd link on a blog I read regularly . Mixed in with posts about taxes, the business of law, and estate challenges was a link to a web site that will determine what famous people you've out lived. It's tax day, so I thought I'd share the link....the oddness might take your mind off of taxes. Check out Dead At Your Age here .

Governor Jim Doyle has declared April 16, 2009, to be Health Care Decision Day in Wisconsin . The idea is to raise public awareness of the need to plan ahead for health care decisions related to end of life care and medical decision-making whenever patients are unable to speak for themselves. Basic forms are available on the Wisconsin Department of Health Service's web site . As always, I recommend you consult with an attorney specializing in the area of estate planning to ensure that your paperwork is accurate, complete, and compliant with Wisconsin law.

This month's edition of Wisconsin Lawyer Magazine's cover story is Society's Challenge: Finding A Better Way To Die . No, not the happiest of titles, but an important topic nonetheless. William H. Colby provides a re-cap of the current case pending in Georgia, presents a nice history of right to die laws, and offers his thoughts on the need for discussing this delicate subject. In 1969, as technology was beginning this advance, a lawyer in Chicago had what was then a fairly radical thought: What if a person might want to say “no” to a doctor but can’t speak? The lawyer knew that the law provided a method to dispose of his property when he could no longer speak, when he was dead: a document called a will. He came up with the idea of writing on a piece of paper, “If I’m ever in a coma, I don’t want my life prolonged artificially by machines.” He called the paper a living will and wrote a law review article about the idea, and the societal debate began. Colby ...

Regardless of which camp you place yourself in on the issue of estate taxes / death taxes, the topic is getting more press in recent weeks. President Obama has proposed freezing the tax at its current exemption level ($3.5 million for individuals, and $7 million for married couples). But now members of the Democratic party are joining forces with Republicans to set the exemption even higher, $5 million for individuals and $10 for married couples. But now some Democrats have joined Republicans to call for setting the threshold even higher, in a rebellion that could have important consequences not just for the future of the death tax but also for Mr. Obama’s efforts to pay for his ambitious policy agenda. The NY Times ran a nice article addressing both sides, and offering some good examples about the real number of individuals/farms/businesses that would likely be impacted by the tax. It seems everyone has an opinion on this issue, but a very tiny fraction of Americans would actually...

I borrowed this post title from the cover story in today's Cap Times. Fast Action Saves a Madison Toddler From Potentially Fatal Brain Injury is a compelling story, and one I think all parents should read. As the mother of a 8 month old, I naturally worry about falls and tumbles. While serious injury is rare, I encourage readers to take the time to read this article. It even mentions Garrison Keillor's brother, who I recently wrote about in Garrison Keillor In Madison to Honor Brother . Investing a few minutes in reading the article will help you understand when a minor fall may have severe implications. Reading these stories made my legal mind kick into action, knowing that too many people do not have their powers of attorney completed or updated. Accidents happen. We never know when a lazy morning will turn into a life threatening situation. You can never be fully prepared, but you can make sure that you have completed the documents stating who should make your decis...