David M. English Publications

Academic Journals

Impact of Uniform Laws on the Teaching of Trusts and Estates, 58 SAINT LOUIS UNIVERSITY LAW JOURNAL 689 (2013-2014)

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Financial Decision-Making for Adults Lacking the Capacity to Make Their Own Decisions, 36 no.2 GENERATIONS 66 (Summer 2012)

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The New Mexico Uniform Trust Code, 34 NEW MEXICO LAW REVIEW 1 (2004)

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The Kansas Uniform Trust Code, 51 UNIVERSITY OF KANSAS LAW REVIEW 311 (2003)

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The Uniform Trust Code (2000): Significant Provisions and Policy Issues, 67 MISSOURI LAW REVIEW 143 (2002)

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Analyzing the Trust Code, 67 MISSOURI LAW REVIEW 141 (2002)

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The Uniform Trust Code (2000) and its Application to Ohio, 30 CAPITAL UNIVERSITY LAW REVIEW 1 (2002)

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Nursing Home Residents and the New California Health Care Decisions Law(with Rebecca C. Morgan), 31 MCGEORGE LAW REVIEW 733 (2000)(with Rebecca C. Morgan)

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Defining the Right to Die, 56 LAW & CONTEMPORARY PROBLEMS 255 (Comment) (1993)

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Book Chapters/Collected Works

Arbitration and the United States Uniform Trust Code, in ARBITRATION OF TRUST DISPUTES, Chapter 6, (Oxford University Press 2016)

Guardianship, in International Encyclopedia of Marriage and the Family, (ed. James J. Ponzetti, Jr., Thomson/Gale, 2003)

The American Uniform Trust Code, in Extending the Boundaries of Trusts and Similar Ring-Fenced Funds, (ed. David Hayton, Kluwer Law International, 2002)

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Emerging Trends in Healthcare Decisionmaking: State Legislation, in Estate Planning - 1993 (UCLA-CEB 1994)

Books

Wills, Trusts & Estates, (West Academic, 5th ed. 2017).

Challenges to Building an Age Friendly Society in the United States, 30 WENZHOU JOURNAL OF SOCIAL SCIENCE 38 (2017) [in Chinese].

Probate Code Manual, Missouri Practice, Volumes 4A-B, (Thompson Publishing, 2016 and subsequent updates).

Probate Law and Practice, Missouri Practice, Volumes 5-D, (Thompson Publishing, 2016 and subsequent updates).

Principles of Wills, Trusts and Estates, 2nd ed., with Sheldon Kurtz and William McGovern, (West, 2011)

Wills, Trusts and Estates, 4th ed., with Sheldon Kurtz and William McGovern, (West, 2010)

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Fiduciary Accounting and Trust Administration Guide, 2d ed, with Robert Whitman, (American Law Institute-American Bar Association Continuing Professional Education, 2008)

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Other Publications

The US Uniform Trust Code and Its More Significant Innovations in US Trust Law, Proceedings of the China Trust Law Conference, East China University of Politics and Law, Shanghai, China, October 2011

Case Law Under the Uniform Trust code: 2008-2010 with Scott W. Boulton, Katerine R. Jones, and Sara L. Kelly, JULY 15-16 2010 SS004 ALI-ABA 63 (2010)

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The Missouri Family Trust as a Possible Model for Japan, Proceedings of the 2010 World Congress on Adult Guardianship, Yokohama, Japan

Implementing Advance Directives: Recent Trends in the U.S, Proceedings of the 2010 World Congress on Adult Guardianship, Yokohama, Japan

Hague Conventions on Guardianship and Prospect for US Ratification, Proceedings of the 2010 World Congress on Adult Guardianship, Yokohama, Japan

The Virgin Islands Uniform Probate Code, (Virgin Islands Bar, 2010)

Case Law Under the uniform Trust Code with Ellen Bennett, JULY 17-18, 2008 SP004 ALI-ABA 43 (2008)

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The Uniform Trust Code: Vagaries and Variations, FEBRUARY 21-23, 2008 SN045 ALI-ABA 109 (2008)

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Lawyers Serving as Trustees and the UTC, JULY 19-20,2007 SN003 ALI-ABA 403 (2007)

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Making Health-Care Decisions for the Incapacitated: Legislative Trends in the American States, 2006

Primer on American Trust Law, Trust 60 Foundation, Japan (2005)

Uniform Trust Code (2000), NCPJ Life and Times (2003)

Trust Modification and Termination Under the Uniform Trust Code, NCPJ LIFE AND TIMES (2003)

The Uniform Trust Act: Significant Issues, MAY 2000 SHINTAKU 202 (2000)

The Need to Codify the Law of Trusts: The Experience from the Uniform Trust Act, FEB 2000 SHINTAKU 201 (2000)

Tax Planning for the Elderly, 55 NYU INSTITUTE OF FEDERAL TAXATION 2900 (1996)

The South Dakota Uniform Probate Code, (South Dakota State Bar, 1995)

Minors’ Guardianship in an Age of Multiple Marriage, 29 INSTITUTE ON ESTATE PLANNING 500 (1995)

Probate and Trust Legislation – 1991, with Teresa S. Collett, (American Bar Association, 1992)

Probate and Trust Legislation – 1990, (American Bar Association, 1991)

The South Dakota Inheritance Tax, with Martin G. Farrell, (South Dakota State Bar, 1988)

Professional Journals

Two More Plumbers Look at the Leak: Purchasing an Annuity in an Institutionalized Spouse’s IRA That is Irrevocable Payable to the Community Spouse May Work for Medicaid but Runs the Risk of Adverse Tax Treatment with Ron Landsman, __ NAELA Journal __ (forthcoming 2021).

COVID-19 and Its Impact on America’s Retirement System, __ ACTEC Journal __ (forthcoming 2021).

So Many Have Died: COVID-19 in America’s Nursing Homes, __ PROBATE AND PROPERTY __ (forthcoming 2021).

Revising the US Law on Adult Guardianship, 13 ADULT GUARDIANSHIP LAW REVIEW 163 (2016) [in Japanese], 29 WENZHOU JOURNAL OF SOCIAL SCIENCE (2016) [in Chinese].

Amending the Uniform Guardianship and Protective Proceedings Act to Implement the Third National Guardianship Summit, 12 NAELA JOURNAL 33 (2016)

The Home: Where Our Heart Resides, 24 no.2 EXPERIENCE 4 (2014)

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Legal Challenges to Achieving an Age-Friendly Society in the United States, 35 no.5 BIFOCAL 126 (2014)

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Comparing the Chinese Trust Law with the US Uniform Trust Code, with Yuan Zhu, 20 TRUSTS & TRUSTEES 87 (2014)

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The Fiduciary Duties and Powers of a Trustee Under the Uniform Trust Code, 20 TRUSTS & TRUSTEES 52 (2014)

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Disclose. Disclose! Disclose? Longmeyer Distorts the Trustee’s Duty to Inform Trust Beneficiarieswith Turney P. Berry and Dana G. Fitzsimmons, 24 PROBATE AND PROPERTY 12 (2010)

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New Guidance on Guardianship Jurisdiction, 24 PROBATE AND PROPERTY 10 (2010)

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Longmeyer Exposes (Or Creates) Uncertainty About the Duty to Inform Remainder Beneficiaries of a Revocable Trust with Turney P. Berry and Dana G. Fitzsimmons, 35 ACTEC JOURNAL 125 (2009)

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A Uniform Probate Code for Indian Country at Last, PROBATE AND PROPERTY March/April 2006 (2006)

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Cross-Border Guardianship: Proposed Changes in US Law, UTC NOTES (2006)

The Uniform Trust Code (2000), ALI-ABA REPRESENTING ESTATE AND TRUST BENEFICIARIES (July 21-22, 2005)

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The Uniform Trust Code, ALI-ABA REPRESENTING ESTATE AND TRUST BENEFICIARIES (February 10-11, 2005)

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Comparing Japanese and US Guardianship Law, JOURNAL OF THE JAPAN GUARDIANSHIP ASSOCIATION (April 2005)

Creation of Trusts Under the Uniform Trust Code, NCPJ LIFE AND TIMES (2005)

The UTC and Crummey Powers, UTC NOTES 7 ( 2004)

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Revocable Trusts Under the Uniform Trust Code, NCPJ Life and Times (2004)

Uniform Trust Code 2000, 16 NAELA QUARTERLY 36 (2003)

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The Controversy Over UTC 105(b)(8), UTC NOTES 2 (2003)

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Effect of Uniform Laws on Trustee Investment, 6 JOURNAL OF INVESTMENT CONSULTING (2003)

Income Tax Planning for Long-Term Care, 28 ACTEC JOURNAL 5 (2002)

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Uniform Trust Code: The Study Process, May 2002 UTC NOTES 2 (2002)

Income Tax Planning for the Elderly, ALI-ABA SOPHISTICATED ESTATE PLANNING TECHNIQUES (September 12-13, 2002)

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Uniform Trust Code (2000) with Raymond H. Young, ALI-ABA REPRESENTING ESTATE AND TRUST BENEFICIARIES (2001)

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The Uniform Health-Care Decisions Act and its Progress in the States, 15-June PROBATE AND PROPERTY 19 (MAY/JUNE 2001)

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The Uniform Trust Code and Its Application to Ohio, 12 PROBATE LAW JOURNAL OF OHIO 1 (2001)

Is There a Uniform Trust Act in Your Future?, 14-Feb PROBATE AND PROPERTY 25 (2000)

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Drafting the Uniform Trust Code, 2000-2 JOURNAL OF THE JAPANESE AMERICAN SOCIETY FOR LEGAL STUDIES 190 (2000)

The California Principal and Income Act, Spring 2000 CALIFORNIA TRUSTS AND ESTATES QUARTERLY 4 (2000)

Drafting the Uniform Trust Act, ALI-ABA REPRESENTING ESTATE AND TRUST BENEFICIARIES (June 24, 1999)

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Teaching Elder Law in the 21st Century, 12-WTR NATIONAL ACADEMY OF ELDER LAW ATTORNEYS, INC. 25 (1999)

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Taxes and Long-Term Care, with Kandis Scott, CALIFORNIA BAR JOURNAL (April 1999)

Uniform Guardianship and Protective Proceedings Act (1997),with Rebecca C. Morgan, Summer 1998 NAELA QUARTERLY 3 (1998)

What Estate Planners and Their Clients Should Know About Social Security, 25 ESTATE PLANNING 96 (1998)

1997 Federal Legislative Changes Affecting Elder Law Practices, with Alfred J. Chiplin Jr. and Rebecca C. Morgan, Winter 1998 NAELA QUARTERLY 3 (1998)

Supreme Court Upholds State Statutes Barring Physician-Assisted Suicide, 24 ESTATE PLANNING 392 (1997)

Criminalizing Medicaid Planning with Rebecca C. Morgan, 11-Apr PROBATE AND PROPERTY 47 (1997)

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The Authority of a Guardian to Commit an Adult Ward, 20 MENTAL & PHYSICAL DISABILITY LAW REPORTER 584 (1996)

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Survey Results: Use of Durable Powers with Kimberly K. Wolff, 10-FEB PROBATE AND PROPERTY 33 (1996)

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New Legislation on Long-Term Care and Other Tax Issues Affecting the Elderly, 23 ESTATE PLANNING 494 (1996)

Physician-Assisted Suicide Confronted by Courts and Legislatures/Social Security Earnings Limit Increased/Uniform Health-Care Decisions Act Adopted, 23 ESTATE PLANNING 230 (1996)

Gift of Life: The Lawyer’s Role in Organ and Tissue Donation, 8-APR PROBATE & PROPERTY 10 (1994)

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Uniform Health-Care Decisions Act Gives New Guidelines, with Alan Meisel, 21 ESTATE PLANNING 355 (1994)

The Health-Care Decisions Act Represents a Major Advance, May 1994 TRUSTS AND ESTATES 32 (1994)

The South Dakota Guardianship and Conservatorship Act, Oct 1993 SOUTH DAKOTA STATE BAR NEWSLETTER 21 (1993)

The Uniform Guardianship and Protective Proceedings Act: How Uniform Is It? Pt. 1, Summer 1993 NAELA QUARTERLY 1 (1993)

The Uniform Guardianship and Protective Proceedings Act: How Uniform Is It? Pt. 2, Fall 1993 NAELA QUARTERLY 21 (1993)

A Checklist for Long-Term Care Coverage, June 1993 THE PRACTICAL LAWYER 15 (1993)

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The UPC and the New Durable Powers, 27 REAL PROPERTY PROBATE AND TRUST JOURNAL 333 (1992-93)

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The Proposed South Dakota Guardianship and Conservatorship Act, May 1992 SOUTH DAKOTA STATE BAR NEWSLETTER 10 (1992)

The Rights of Nursing Home Patients, July 1991 TRUSTS AND ESTATES 28 (1991)

Proposed Legislative Response to Pope, Nov 1988 (SOUTH DAKOTA STATE BAR NEWSLETTER 11 (1988)

Uniform Laws and Model Acts

Uniform Trust Code, in International Trust Laws, 2nd ed. (2008)

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