Law Commons^™

Arbitration Of Mexican Trust Disputes: A Couple Made For Each Other?, Edgardo Muñoz, Sofía Llamas

University of Miami International and Comparative Law Review

No abstract provided.

Can You Trust Your Trust?: Analyzing The Decision And Implications Of Rachal V. Reitz On Arbitration Provisions In Trust Agreements, Michael Tipton

Akron Law Review

This Note proceeds in three parts. Part Two provides insight on the history and development of trust law as well as the interest in arbitration to settle trust disputes. Part Three explains the factual background, holding, and rationale of the Supreme Court of Texas in Rachal v. Reitz. Part Four analyzes the Court’s decision and its implications. This part also asserts that the Court ruled correctly by giving effect to the intent of the settlor, including the arbitration agreement in the Texas Arbitration Act, and laying the groundwork for arbitration agreements to be enforced against trustees and beneficiaries on the …

Property Law—Upending The Familiar Tools Of Estate Planning: Equity Renders Revocable Trusts Subject To The Arkansas Spousal Election. In Re Estate Of Thompson, 2014 Ark. 237, 434 S.W.3d 877., Lucy L. Holifield

University of Arkansas at Little Rock Law Review

No abstract provided.

Planned Parenthood: Adult Adoption And The Right Of Adoptees To Inherit, Richard C. Ausness

ACTEC Law Journal

This Article is concerned with the effect of adult adoptions on the inheritance rights (in the broad sense of that term) of adult adoptees. The Article contends many adult adoption statutes assume the existence of a parent-child relationship in which the adopter is the "parent" and the adoptee is a "child" even though this is not true of all adult adoption cases. In addition, legislatures and courts frequently fail to differentiate between "quasi-familial" adoptions and "strategic" adoptions, particularly where inheritance rights are concerned.

Rediscovering The Resulting Trust: Modern Maneuvers For A Dated Doctrine?, Malcolm L. Morris

Akron Law Review

Usually thought of as only a remedial measure, the resulting trust may now be ready to take on an expanded role. Although not considered devolutionary vehicles per se, resulting trusts can direct the passage of title, and are therefore potentially useful estate planning tools. To serve in this capacity, the applicable principles used to raise resulting trusts must be introduced at the time of the transaction and not resorted to as an afterthought at some later date. Using resulting trusts in such a manner is arguably inconsistent with the theory supporting their existence. This article suggests, however, that the courts …

The Trust Throwback Rules: The Solution Remains After The Problem Fades, John R. Cunningham

Akron Law Review

This article will briefly review the history of the throwback rules and will then show that the small savings still available through trust accumulations that would result without the operation of the throwback rules do not justify the continuance of these complicated throwback rules. In fact, the tax savings through trust accumulations without the throwback rules can be matched even within the operation of the throwback rules. Finally, this article will show that through a small rate change that may be forthcoming for other reasons, the potential savings through the accumulation of income in trusts may be reduced to such …

The Intention Of The Settlor Under The Uniform Trust Code: Whose Property Is It, Anyway?, Alan Newman

Akron Law Review

Given the increasingly common use of perpetual and other longterm trusts, the pace of change and complexity in our society now and in the foreseeable future, and our sensibilities with respect to private property rights and dead hand control, the UTC appears to have struck a reasonable balance between respecting the settlor’s intent and accommodating the interests of beneficiaries. Undoubtedly, some will find it to have gone too far in favor of trust beneficiaries, while others will find it not to have gone far enough. In any case, this centuries old debate, like the new perpetual trusts that have contributed …

Exposing The Hocus Pocus Of Trusts, Kent D. Schenkel

Akron Law Review

Part II makes the conceptual case for viewing the trust as an elective cost-externalization device. Part III offers the spendthrift trust as the archetypal model for purposes of our analysis, briefly describes the spendthrift trust, and explores its consequences to outsiders to the trust deal. Part IV offers some reasons why the elective externalities of trusts persist. Part V first examines and rejects a couple of approaches to minimizing the externalized costs of trusts that rely on the “bundle of sticks” approach to property interests. It then moves beyond the bundle of sticks approach, settling on a solution based on …

Asset Preservation And The Evolving Role Of Trusts In The Twenty-First Century, Jay A. Soled, Mitchell M. Gans

Washington and Lee Law Review

For the vast majority of the twentieth century, trusts served two pivotal roles. The first was as a vehicle to help mitigate federal and state estate tax burdens, the rates of which could be quite significant. The second was to assist in asset preservation, safeguarding trust beneficiaries from their profligacy, former spouses, creditors, and the like.

At the start of the twenty-first century, Congress passed legislation that curtailed the impact of the federal estate tax, and many state legislatures have followed suit, either eliminating or significantly reducing their estate taxes. As a result of these legislative changes, trust instrument reliance …