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Articles 1 - 11 of 11
Full-Text Articles in Law
Honoring Probable Intent In Intestacy: An Empirical Assessment Of The Default Rules And The Modern Family, Danaya C. Wright, Beth Sterner
Honoring Probable Intent In Intestacy: An Empirical Assessment Of The Default Rules And The Modern Family, Danaya C. Wright, Beth Sterner
Danaya C. Wright
This article provides preliminary analysis of an empirical study of nearly 500 wills probated in Alachua and Escambia Counties in the State of Florida in 2013. The particular focus of the study is to determine if there are noticeable patterns of property distribution preferences among decedents based on their diverse family relationships. Earlier empirical studies of distribution preferences indicated that a majority of married decedents wanted to give all or most of their estates to their surviving spouses. As a result of these studies, most states amended their probate codes to give surviving spouses a sizable percentage of a decedent …
Inheritance Equity: Reforming The Inheritance Penalties Facing Children In Non-Traditional Families, Danaya C. Wright
Inheritance Equity: Reforming The Inheritance Penalties Facing Children In Non-Traditional Families, Danaya C. Wright
Danaya C. Wright
This Article examines how more than 50% of children living today may be disadvantaged by 1950s era inheritance laws that privilege and protect only those children living in nuclear families with their biological parents. Because so many children today are living in blended families — single-parent families, lesbian, gay, bisexual, transgender, or queer/questioning (LGBTQ) families, or are living with relatives — their right to inherit from the persons who function as their parents are severely limited by most state probate codes, even though they would likely be entitled to child support under the parent-child definitions of most of those states' …
The Method In Fiduciary Law's Mixed Messages, Evan J. Criddle
The Method In Fiduciary Law's Mixed Messages, Evan J. Criddle
Evan J. Criddle
No abstract provided.
Liberty In Loyalty: A Republican Theory Of Fiduciary Law, Evan J. Criddle
Liberty In Loyalty: A Republican Theory Of Fiduciary Law, Evan J. Criddle
Evan J. Criddle
Conventional wisdom holds that the fiduciary duty of loyalty is a prophylactic rule that serves to deter and redress harmful opportunism. This idea can be traced back to the dawn of modern fiduciary law in England and the United States, and it has inspired generations of legal scholars to attempt to explain and justify the duty of loyalty from an economic perspective. Nonetheless, this Article argues that the conventional account of fiduciary loyalty should be abandoned because it does not adequately explain or justify fiduciary law’s core features.
The normative foundations of fiduciary loyalty come into sharper focus when viewed …
Virginia Survey Of Law: Property Section; Trusts And Estates Section, Lynda L. Butler
Virginia Survey Of Law: Property Section; Trusts And Estates Section, Lynda L. Butler
Lynda L. Butler
No abstract provided.
Bank Liability For Fiduciary Fraud, Marion W. Benfield Jr., Peter A. Alces
Bank Liability For Fiduciary Fraud, Marion W. Benfield Jr., Peter A. Alces
Peter A. Alces
No abstract provided.
Your Money Or Your Wife's?: Social Security Changes Considered, Neal Devins
Your Money Or Your Wife's?: Social Security Changes Considered, Neal Devins
Neal E. Devins
No abstract provided.
Of Piketty And Perpetuities: Dynastic Wealth In The Twenty-First Century (And Beyond), Eric Kades
Of Piketty And Perpetuities: Dynastic Wealth In The Twenty-First Century (And Beyond), Eric Kades
Eric A. Kades
For the first time since independence, in a nation founded in large part on the rejection of a fixed nobility determined by birth and perpetuated by inheritance, America is paving the way for the creation of dynastic family wealth. Abolition of the Rule Against Perpetuities in over half the states along with sharp reductions in, and likely elimination of, the federal estate tax mean that there soon will be no obstacles to creating large pools of dynastic wealth insuring lavish incomes to heirs for generations without end. The timing of these legal changes could hardly be worse. Marshaling innovative economic …
Purpose Trusts As A Planning Tool For The 21st Century, Thomas E. Simmons, Brad Myers
Purpose Trusts As A Planning Tool For The 21st Century, Thomas E. Simmons, Brad Myers
Thomas E. Simmons
No abstract provided.
Unwinding Irrevocable Trusts, Thomas E. Simmons
Unwinding Irrevocable Trusts, Thomas E. Simmons
Thomas E. Simmons
No abstract provided.
Conflict-Of-Interest-Infected Virtual Representatives And A Cure, Thomas E. Simmons
Conflict-Of-Interest-Infected Virtual Representatives And A Cure, Thomas E. Simmons
Thomas E. Simmons