Demonstrates that there is no tax savings to be achieved by using a trust to restrict a donee's control of property and money transferred gifts during life or at death. Reviews reasons why donors wish to continue to control wealth even after death and suggests that such reasoning is fallacious. Recommends to the estate planning bar that it revise its approach to planning in order to fulfill its obligations to the principal client and other family members. Develops mathematical formulas for analysis of estate planning decisions.
Ordower, Henry, Trusting Our Partners: An Essay on Resetting the Estate Planning Defaults for an Adult World (1996). Real Property, Probate and Trust Journal, Vol. 31, pp. 313-56, 1996.