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Mary Moers Wenig Student Writing Competition Winners
The American College of Trust and Estate Counsel (ACTEC©) is pleased to announce the winners of the 2014 Mary Moers Wenig Student Writing Competition. Law students, currently enrolled as a J.D. or LL.M. candidate in an ABA-accredited law school, were invited to submit original, unpublished papers examining a broad range of topics in the trust and estates and related taxation areas.

2014 Winners
FIRST PLACE WINNER:
ABIGAIL FARMER & CORY ELIZABETH TYSZKA
Virtual Currency Estate Planning, Bit by Bit”

Arizona State Univ., Sandra Day O’Connor College of Law
SECOND PLACE WINNER:
KATIE MAGALLANES
Beyond Donor Intent - Leveraging Cy Pres to Remedy Unintended Burdens Caused by Charitable Gifts ”

University of San Diego School of Law
THIRD PLACE WINNER:
KEVIN WILLIAM WRIGHT
The History and Future of the Delaware Tax Trap ”

Arizona State University, Sandra Day O’Connor College of Law
HONORABLE MENTION:
CHRISTOPHER W. MORGAN
Elder Financial Exploitation: How Jurisdictional Uniformity will Aid in the Prevention and Punishment of Abuse”

Arizona State University, Sandra Day O’Connor College of Law
2013 Winners
FIRST PLACE WINNER:
CHRISTOPHER J. ROMAN
Protecting Your Clients’ Assets from their Future Ex-Sons and Daughters-In-Law: The Impact of Evolving Trust Laws on Alimony Awards”

Villanova Law School
SECOND PLACE WINNER:
RYAN KONSDORF & SCOTT ALDEN PRULHIERE
Killing Your Chances of Inheriting: The Problem with the Application of the Slayer Statute to Cases of Assisted Suicide”

Arizona State University, Sandra Day O’Connor College of Law
THIRD PLACE WINNER:
EMILY TORNABENE
To Have and To Hold, and Now a QDRO”

Arizona State University, Sandra Day O’Connor College of Law
HONORABLE MENTIONS:
DANIEL G. CRONIN
Decanting Trusts: Evolving Law”

Arizona State University, Sandra Day O’Connor College of Law
KENDAL R. DOBRA
Riding the Digital Wave: An Executor’s Fiduciary Duty toward Digital Assets”

University of Connecticut School of Law

DANIEL MILLER
How Harmless Is Harmless? An In-Depth Look Into the Harmless Error Rule”

Arizona State University, Sandra Day O’Connor College of Law

2012 Winners
FIRST PLACE WINNER:
JUSTIN KESSELMAN
Can State Law Remedies Revive Statutes Stricken by ERISA’s Preemption Provision?”

New England School of Law
SECOND PLACE WINNER:
MEREDITH WILLSEN
One Small Step for Congress, an Enormous Leap for Surviving Spouses: Proposed Revisions to Increase Reliance on Portability”

Ohio State University, Moritz College of Law

THIRD PLACE WINNER:
SARAH O’KEEFE & ANDREW SORESEN
“Protecting Privilege After Richey”

Arizona State University, Sandra Day O’Connor College of Law
HONORABLE MENTION:
ERIN R. DAVIS
Offshore Trusts as Tools & Strategies for Estates of U.S. Residents”

Case Western Reserve School of Law
2011 Winners
FIRST PLACE WINNER:
KENNEDY LEE
“Representing the Fiduciary: To Whom Does the Attorney Owe Duties?”

Brigham Young University
SECOND PLACE WINNER:
JOE RYAN SAVOIE
“The Commissioner’s Model of Ante-Mortem Probate”

Texas Tech School of Law

THIRD PLACE WINNER:

STEVE LAMAR DELLINGER
“Federal Estate Tax Spousal Portability: An Enormous Leap or a Short Step?”

St. Louis Univ. School of Law

HONORABLE MENTION:

MARGO ABOUAF & ELLEN JACKSON
“Sixteen and Pregnant: Should Minors with Children be Able to Make a Valid Last Will and Testament?”

Arizona State University

F. SHABNAM NOURAIE
“Out With the Old and In With the New: Comparing and Contrasting Trust Decanting Under State Statutory Law”

Univ. of Missouri-Columbia School of Law

CARA M. KOSS
“The ART of Probate: Cryopreserved Reproductive Materials in the Estate”

New York Univ. School of Law

2010 Winners
FIRST PLACE WINNER:
DANIEL L. RICKS
“I Dig It, But Congress Shouldn't Let Me: Closing the IDGT Loophole”

New York University School of Law
SECOND PLACE WINNER:
JEFFREY ALLEN HAGY
“Controlling the Dead Hand: Beneficiary Modification of the Perpetual Trust”

Georgia State Univ. College of Law

THIRD PLACE WINNER:

ALISON ATWATER
“Re-Thinking the Survivorship Interest Exclusion for Joint Tenancies of Real Estate Under UPC 6-102”

Arizona State Univ. College of Law

HONORABLE MENTION:

MICHAEL S. EGANHOUSE
“Stone Turning to Sand: Grantor Trusts Have a Shaky Legal Foundation”

Drake Univ. Law School

CHRISTINA BRADEMAS
“Domestic Asset Protection Trusts and Trust Protectors: The Time for Guidance and Accountability Is Here”

Univ. of Arizona, Rogers College of Law

ERIC ATSTUPENAS
“The Uncertain Future of Family Limited Partnerships in Estate Tax Planning ”

New England School of Law

2009 Winners
FIRST PLACE WINNER:
ADAM WINGER
Pick On Someone Your Own Size: Exposing the Account Owners, Silent Assault on §529 Savings Accounts

Georgia State University/New York University
SECOND PLACE WINNER:
GIL GHATAN
“The Incentive Problem with Prospective Overruling: a Critique of the Practice Using the Trusts & Estates Opinions of the Massachusetts Supreme Judicial Court”

New York University School of Law

THIRD PLACE WINNER:

RACHEL CLATTENBURG
“Murphy v Murphy: Shielding Estate Plans from Future Challenges”

Albany Law School

HONORABLE MENTION:

MICHELLE DELAPPE
“Chasing Fair Tax Treatment at the End of the Rainbow: Advising Domestic Partners with Community Property”

University of Washington School of Law

LEVI HATCH
“Have We Forgotten That Electronic Wills Are Electronic?”

Arizona State University

MAUREEN BEAVER (Co-Author Justin Owen)
“Trust Privacy: An Intensive Analysis of Notice Provisions”

Capital University Law School

JUSTIN OWEN (Co-Author Maureen Beaver)
“Trust Privacy: An Intensive Analysis of Notice Provisions”

Capital University Law School
2008 Winners
FIRST PLACE WINNER:
JORDAN TAYLOR
“What's the Big Deal? Why Taxpayers, the Courts and the IRS Disagree about a Discount for Built-in Gains”

Georgetown Univ. Law Center
SECOND PLACE WINNER:
MALINDA HEYES
“Will the Father of this Child Please Stand-up?”

Florida State Univ. College of Law

THIRD PLACE WINNER:

AMY SMITH
“Curbing the License to Steal: A Discussion of English Law and Possible Reforms for the Durable Power of Attorney”

DePaul Univ. College of Law

HONORABLE MENTION:

JASON BOBLICK
“Unanticipated Disability: Trust Modification When Disability Strikes”

Arizona State Univ. College of Law

GREG J. CARLSON
“Coordinating and Simplifying the Estates, Gift and Income Tax Systems”

Univ. of California, Hastings College of Law
2007 Winners
FIRST PLACE WINNER:
SCOTT ANDREW BOWMAN
“McCord V. Commissioner: Defined Value Clauses Redefined?”


University of Florida Levin College of Law
SECOND PLACE WINNER:
MARCUS CONTRO
“If You Don't Use It, You Lose It. Or Do You?: Marital Planning in a World of Portable Credits”

University of California Hastings College of Law

THIRD PLACE WINNER:

JESSICA FRASE MARINE
“Curtailing Inheritance: Replacing the Current Federal Transfer Tax System with an Income-Inclusive Tax”

University of Baltimore School of Law

HONORABLE MENTION:

SAMUEL G. WIECZOREK
“Winokur, Lose, or Draw: Art Collectors Lose an Important Tax Break”

Loyola University Chicago School of Law

DONALD RICHARD SCOTT & DANIEL BRADLEY ZEBELMAN
“Promissory Note Sales to IDGT: When Grantor Dies with Note Outstanding”

Arizona State University Sandra Day O'Connor College of Law

AARON C. HUBER
“Using a Buy-Sell Agreement to Pass Business Interests on to Related Parties”

Arizona State University Sandra Day O'Connor College of Law

KIRSTEN M. ELLIOTT
“ADR Gone Wild!: One State's Experience with a Radical Trust and Estate Dispute Resolution Act”

Gonzaga University School of Law
2006 Winners
FIRST PLACE WINNER:
MICHAEL A. PASSANANTI
“Domestic Asset Protection Trusts: The Risks & Roadblocks Which May Hinder Their Effectiveness”

Mike Passananti attended Augustana College, where he graduated summa cum laude with a B.A. in finance. Mike received his J.D. in May, 2006, from DePaul College of Law. Mike hopes to practice law in Chicago with a concentration in business and estate planning.
SECOND PLACE WINNER:
TIMOTHY A. DUFAULT
“Donee Beware: Collateral Consequences of Family Limited Partnership Planning”

Timothy attended Washington State University, where he earned a B.S. in Agribusiness, with Spanish as a second major. Timothy received his J.D. in May, 2006, from the University Of Arizona James E. Rogers College Of Law, where his professors honored him as the top tax student in his graduating class. He hopes to practice law in Yakima, Washington, with a concentration in corporate law and estate and tax planning.
THIRD PLACE WINNER:
RICHARD A. DEVRIES
“What a Long Strangi Trip Its Been: Family Limited Partnerships and Section 2036 of the Internal Revenue Code”

Richard graduated from the University of Texas at Austin in 1996 with a degree in Structural Engineering. He is currently a part-time student at Marquette University Law School and expects to receive his J.D. in August 2006. He plans on practicing law in Milwaukee in the areas of Estate and Tax Planning.
HONORABLE MENTION:
CANDACE HOWARD
“From Markham to Marshall: Why the Probate Exception Should be Narrowly Construed”

Candace earned a B.A. in Studio Art from the University of Maryland. She received her J.D. in May, 2006 from the University Of Maryland School Of Law, where she was an Associate Editor of the Maryland Law Review. Candace was the 2006 winner of the Roscoe Hogan Environmental Law Essay Contest and a Presidential Management Fellowship finalist. She is currently pursuing a fellowship appointment with a federal agency.
2005 Winners
FIRST PLACE WINNER:
LAYNE T. SMITH
“FLPs and the 2036(a) Bona Fide Sale Exception”

Layne earned his J.D. from the J. Reuben Clark Law School at Brigham Young University and has joined Wood Crapo LLC in Salt Lake City.
SECOND PLACE WINNER:
ALLYSON BELT
“Medicaid Estate Planning: A Review of the Ethical Considerations of Practicing Medicaid Estate Planning in the Area of Elder Law”

Allyson is a student at Arizona State University. She expects to graduate in 2006.
THIRD PLACE WINNER:
CHRIS SUFFECOOL
“Organ Transplants, the Uniform Anatomical Gifts Act and Probate Law: Is It Time for a New Approach?”

Chris recently graduated from Arizona State University and plans to practice in Arizona.
2004
FIRST PLACE WINNER:
TYE J. KLOOSTER
“Are There Any Justifications for the Rule Against Perpetuities That Are Still Persuasive? A Survey of the Modern Policy Arguments Cast for and Against Retention of the Rule Against Perpetuities”

Tye attended the University of Iowa, where he earned a B.B.A. in Finance. He received his J.D. in May, 2003, from Drake University Law School and was the Editor in Chief of the Drake Law Review. In May, 2004, he received his Masters of Laws in Taxation (LL.M.) from the NYU School of Law. Tye will be joining Holland & Knight LLP as a member of the Private Wealth Services practice group in their Tampa Bay offices.
SECOND PLACE WINNER:
LAUREN D. BURGER KRAUTHAMER
“The Limitation that Hackl Creates for Family Limited Partnerships Interests and Ways to Plan in Lieu of the Decision”

Lauren graduated from Emory University in 1996. She earned her J.D. in May 1999 from American University Washington College of Law and her M.B.A. in December 1999 from American University Kogod School of Business. In May, 2004, she received her Master of Laws in Taxation (LL.M.) from Georgetown University Law Center. Lauren is an associate at the firm of Pasternak & Fidis, P.C., in Bethesda, Maryland. She practices in the areas of federal and state taxation, with a particular focus on estate planning.
THIRD PLACE WINNER:
CHERI L. RIEDEL
“The Impact of Modern Reproductive Technology on the Law of Probate: 'Frozen Pops' and Inheritance”

Cheri graduated from Murray State University in in Murray Kentucky in 2001 with a Bachelor of Arts degree in Political Science. She earned her J.D. from the University of Memphis Cecil C. Humphreys School of Law in May, 2004. Cheri recently completed a year-long judicial clerkship with ACTEC Fellow Judge Robert Benham of Division I of the Shelby County Probate Court. She hopes to practice law in Memphis with a concentration in Estate Planning.
The American College of Trust and Estate Counsel (ACTEC) is a professional association consisting of approximately 2,600 lawyers from throughout the United States, Canada and other parts of the world who are elected as Fellows of the College. Fellows are selected on the basis of professional reputation and ability in the fields of trusts and estates and on the basis of having made substantial contributions to these fields through lecturing, writing, teaching and bar activities.
Consistent with ACTEC’s purposes, the American College of Trust and Estate Counsel Mary Moers Wenig Student Writing Competition was created to encourage and reward scholarly works in the area of trusts and estates. ACTEC’s purposes are to maintain an association of lawyers, international in scope, skilled and experienced in the preparation of wills and trusts; estate planning; probate procedure and administration of trusts and estates of decedents, minors and incompetents; to improve and reform probate, trust and tax laws, procedures, and professional responsibility, to bring together qualified lawyers whose character and ability will contribute to the achievement of the purposes of the College; and to cooperate with bar associations and other organizations with similar purposes. The funding for the competition will be provided by the ACTEC Foundation, a 501(c)(3) public charity that supports educational projects relating to trust and estate law.
This competition is open to any law student in good standing (full-time or part-time) who is currently enrolled as a J.D. or LL.M. candidate in an ABA-accrted law school within the United States or its possessions.

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