Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 9 of 9

Full-Text Articles in Law

Enough About Avoiding Probate…, Let’S Avoid Probate Litigation!, Marshall Whitley Feb 2015

Enough About Avoiding Probate…, Let’S Avoid Probate Litigation!, Marshall Whitley

Publications

Paper presented to the Estate Planning Council of Diablo Valley, February 15, 2015, monthly report.


The White Whale: Bringing Emotion And Relevance To The Contemporary Trusts And Estates Course, Wayne M. Gazur Jan 2014

The White Whale: Bringing Emotion And Relevance To The Contemporary Trusts And Estates Course, Wayne M. Gazur

Publications

No abstract provided.


Coming To Terms With The Uniform Probate Code's Reformation Of Wills, Wayne M. Gazur Jan 2012

Coming To Terms With The Uniform Probate Code's Reformation Of Wills, Wayne M. Gazur

Publications

No abstract provided.


Colorado Revisits The Rule Against Perpetuities, Wayne M. Gazur Jan 2006

Colorado Revisits The Rule Against Perpetuities, Wayne M. Gazur

Publications

The 2006 Colorado General Assembly passed legislation adopting a 1000-year limitation applicable to interests in trust, practically eliminating the Rule Against Perpetuities ("RAP"). This article discusses the legislation's impact on the RAP in trust and non-trust situations.


Abandoning Principles: Qualified Tuition Programs And Wealth Transfer Taxation Doctrine, Wayne M. Gazur Jan 2004

Abandoning Principles: Qualified Tuition Programs And Wealth Transfer Taxation Doctrine, Wayne M. Gazur

Publications

In 1996 Congress gave its imprimatur to a modest qualified tuition program provision. Over the course of the next five years the provision was expanded, providing additional wealth transfer taxation and income taxation benefits. This essay proposes that unless limited, such benefits are inconsistent with established taxation principles and also have the potential to undermine the integrity of the wealth transfer tax structure and the progressive nature of the income tax.


Do They Practice What We Teach?: A Survey Of Practitioners And Estate Planning Professors, Wayne M. Gazur Jan 1999

Do They Practice What We Teach?: A Survey Of Practitioners And Estate Planning Professors, Wayne M. Gazur

Publications

This article presents the results of a 1998 mail survey sent to members of the American Bar Association Real Property, Probate & Trust Law Section and to law professors teaching estate planning. The principal goal of the survey was to compare the opinions of practitioners and law professors concerning the importance of 31 estate planning issues and techniques. The survey also included an open-ended solicitation of issues deemed significant by the participant.

The survey found consistency between practitioner and professor responses with respect to techniques such as Crummey planning. Legal education appears to be effective in dealing with core principles. …


Muddling Along With The Federal Wealth Transfer Tax: A Survey Of Practitioners And Law School Professors, Wayne M. Gazur Jan 1999

Muddling Along With The Federal Wealth Transfer Tax: A Survey Of Practitioners And Law School Professors, Wayne M. Gazur

Publications

Recent efforts to repeal the wealth transfer tax system have prompted enormous discussion. In this Article, the author presents the results of his survey of members of the American Bar Association Real Property, Probate and Law Section about this issue and other reforms which have been enacted or suggested.


Congressional Diversions: Legislative Responses To The Estate Valuation Freeze, Wayne M. Gazur Jan 1989

Congressional Diversions: Legislative Responses To The Estate Valuation Freeze, Wayne M. Gazur

Publications

No abstract provided.


Special Treatment Of Cemeteries, David H. Getches Jan 1967

Special Treatment Of Cemeteries, David H. Getches

Publications

No abstract provided.