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Articles 1 - 9 of 9

Full-Text Articles in Law

Wills, Trusts, Guardianships, And Fiduciary Administration, Mary F. Radford Dec 2006

Wills, Trusts, Guardianships, And Fiduciary Administration, Mary F. Radford

Mercer Law Review

This Article describes the significant Georgia cases and legislation from the period of June 1, 2005 through May 31, 2006 that pertain to Georgia fiduciary law. Specifically, the Article covers cases and legislation on matters relating to wills, trusts, the administration of decedents' estates, and the guardianship and conservatorship of minors and incapacitated adults.


Wills, Trusts, And Estates, J. Rodney Johnson Nov 2006

Wills, Trusts, And Estates, J. Rodney Johnson

University of Richmond Law Review

The General Assembly enacted legislation dealing with wills, trusts, and estates that added or amended a number of sections ofthe Virginia Code in its 2006 Session. In addition, there were sixopinions from the Supreme Court of Virginia during the periodcovered by this review that presented issues of interest to the general practitioner as well as the specialist in wills, trusts, and estates. This article reports on all of these legislative and judicial developments.


The Writing On The Wall: The Potential Liability Of Mediators As Fiduciaries, Rebekah Ryan Clark Nov 2006

The Writing On The Wall: The Potential Liability Of Mediators As Fiduciaries, Rebekah Ryan Clark

BYU Law Review

No abstract provided.


Free Will To Will? A Case For The Recognition Of Intestacy Rights For Survivors To A Same-Sex Marriage Or Civil Union?, Christine A. Hammerle Jun 2006

Free Will To Will? A Case For The Recognition Of Intestacy Rights For Survivors To A Same-Sex Marriage Or Civil Union?, Christine A. Hammerle

Michigan Law Review

This Note argues that courts should recognize intestacy rights for same sex couples that were validly married or civilly united in a state other than the one in which one of the partners died. Courts may validly recognize the marriage for intestacy purposes, even while refusing to recognize the marriage as against public policy. Part I details the recent provision of benefits in various states to same-sex couples. Part II argues that same-sex couples cannot necessarily rely on wills to effectuate their intent to leave their property to their spouses. Part III argues that when states refuse to recognize the …


Who's Afraid Of Promissory Estoppel: Charitable Giving In Virginia And The Enforceability Of Promised Gifts, Charlotte Dauphin Jan 2006

Who's Afraid Of Promissory Estoppel: Charitable Giving In Virginia And The Enforceability Of Promised Gifts, Charlotte Dauphin

Richmond Journal of Law and the Public Interest

In May of 2005, the Virginia Museum of Fine Art ("VMFA") announced that collectors James W. and Frances G. McGlothlin intend to bequeath their collection of American realist art. The bequest is valued at $100 million, and includes 33 American paintings, drawings and watercolors as well as a new wing for the museum. However, what happens if the McGlothlins change their mind? Is there any way for the VMFA, or any museum in Virginia, to improve the enforceability of charitable pledges of works of art?


The Missing Piece: The Forgotten Role Of Testator Intent In The Application Of The Doctrine Of Dependent Relative Revocation In Oklahoma, Julia E. Swenton Jan 2006

The Missing Piece: The Forgotten Role Of Testator Intent In The Application Of The Doctrine Of Dependent Relative Revocation In Oklahoma, Julia E. Swenton

Oklahoma Law Review

No abstract provided.


Expertise And Instinct In The Assessment Of Testamentary Capacity, Pamela Champine Jan 2006

Expertise And Instinct In The Assessment Of Testamentary Capacity, Pamela Champine

Villanova Law Review

No abstract provided.


Who's Afraid Of Promissory Estoppel: Charitable Giving In Virginia And The Enforceability Of Promised Gifts, Charlotte Dauphin Jan 2006

Who's Afraid Of Promissory Estoppel: Charitable Giving In Virginia And The Enforceability Of Promised Gifts, Charlotte Dauphin

Richmond Public Interest Law Review

In May of 2005, the Virginia Museum of Fine Art ("VMFA") announced that collectors James W. and Frances G. McGlothlin intend to bequeath their collection of American realist art. The bequest is valued at $100 million, and includes 33 American paintings, drawings and watercolors as well as a new wing for the museum. However, what happens if the McGlothlins change their mind? Is there any way for the VMFA, or any museum in Virginia, to improve the enforceability of charitable pledges of works of art?


Undeserving Heirs?--The Case Of The "Terminated" Parent, Richard Lewis Brown Jan 2006

Undeserving Heirs?--The Case Of The "Terminated" Parent, Richard Lewis Brown

University of Richmond Law Review

Every state has an intestate succession statute that prescribes how the property of those who die without a will should be distributed. Every state also by statute authorizes the government to intervene in the parent-child relationship in the most draconian manner possible by involuntarily terminating parental rights. This article explores how the law functions at the intersection of these two statutory schemes-the inheritance regime, as expressed through intestate succession statutes, and the child welfare regime, as expressed through termination of parental rights statutes ("TPR statutes").