Jay A. Soled, Dena Wolf, and Nathan Arnell have published their article, Funding Marital Trusts: Mistakes and Their Consequences, which is available for download. The abstract is as follows:
Mistakes occur in every profession, and attorneys practicing estate administration are not immune from this phenomenon. Funding marital trusts at the death of the first spouse engenders numerous opportunities for mistakes given the complex and technical nature of the tax law and the variety of funding clauses. Mistakes in funding marital trusts remain prevalent and cannot be overstated, as the result is often lengthy litigation and endless estate and gift taxes. Therefore, the practice of estate administration and funding of marital trusts demands an awareness of both the possibility of these errors and the various available remedial options.