Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Cornell University Law School (1)
- Georgia State University College of Law (1)
- Maurer School of Law: Indiana University (1)
- Seattle University School of Law (1)
- Southern Methodist University (1)
-
- The University of Akron (1)
- University of Colorado Law School (1)
- University of Florida Levin College of Law (1)
- University of Michigan Law School (1)
- University of Missouri School of Law (1)
- University of Missouri-Kansas City School of Law (1)
- University of Richmond (1)
- University of Washington School of Law (1)
- Washington and Lee University School of Law (1)
- Keyword
-
- Trusts (4)
- Trust (2)
- Wills (2)
- Scott v. Bank One Trust Co. (1)
- AIPRA (1)
-
- Asset protection (1)
- Beneficiaries (1)
- Beneficiary (1)
- Colorado (1)
- Commercial transactions (1)
- Copyright Act (1)
- Copyright law (1)
- Delaware Tax Trap (1)
- Discretionary trusts (1)
- Estate (1)
- Estate Planning and Probate (1)
- Estate-bumping (1)
- Estates (1)
- Estates law (1)
- Incentive trust (1)
- Inheritance (1)
- Intestate succession (1)
- Law (1)
- Law professors (1)
- Law reform (1)
- Native americans (1)
- No further inquiry rule (1)
- Nondonative tranfers (1)
- Offset (1)
- Ohio Trust Code (1)
Articles 1 - 14 of 14
Full-Text Articles in Law
Proposals For Revising Georgia's Probate Code, Mary F. Radford
Proposals For Revising Georgia's Probate Code, Mary F. Radford
Faculty Publications By Year
No abstract provided.
Forty Years Of Codification Of Estates And Trusts Law: Lessons For The Next Generation, Gregory S. Alexander, Mary L. Fellows
Forty Years Of Codification Of Estates And Trusts Law: Lessons For The Next Generation, Gregory S. Alexander, Mary L. Fellows
Cornell Law Faculty Publications
In this paper we develop two theses. First, we argue that uniform law proposals that ask courts and practitioners to abandon revered legal traditions and ways of thinking about estates and trusts, even when they are intent-furthering proposals, face resistance until in time the glories of the past and the risks of a new legal regime fade in importance in legal thought. Second, we argue that, especially within an environment in which states seek to gain competitive advantage over their counterparts in other states, the glories of the past and the risks of a new legal regime fade fastest when …
Distinguishing Trustees And Protecting Beneficiaries: A Response To Professor Leslie, Karen E. Boxx
Distinguishing Trustees And Protecting Beneficiaries: A Response To Professor Leslie, Karen E. Boxx
Articles
No abstract provided.
A Uniform Probate Code For Indian Country At Last, David M. English
A Uniform Probate Code For Indian Country At Last, David M. English
Faculty Publications
AIPRA makes major reforms to the Indian probate system. Federal law long provided that trust or restricted lands and IlM accounts owned by an Indian intestate are to be distributed to the heirs as determined under state law. AIPRA replaces this with one uniform intestacy scheme for the distribution of trust lands and IJIM accounts in lieu of the 30-plus state systems that now apply. AIPRA also fills out the federal law on wills, enacting numerous provisions on the interpretation of wills, most adapted from the Uniform Probate Code. In addition to providing Indian country with a uniform and more …
Powers Of Withdrawal, Claims For Set-Off, And Spendthrift Protection, Alan Newman
Powers Of Withdrawal, Claims For Set-Off, And Spendthrift Protection, Alan Newman
Akron Law Faculty Publications
If a beneficiary of a spendthrift trust has a right to withdraw property from the trust, may the beneficiary’s creditors reach the assets subject to the withdrawal power? That was the principle question recently addressed by the 1st District Court of Appeals in Great American Insurance Company v. Thompson Trust. Also of interest: the case may have involved an offset by the trustee of amounts distributable to the beneficiary to repay amounts owed by the beneficiary to the trust.
Article Five Of The Utc And The Future Of Creditors' Rights In Trusts, Robert T. Danforth
Article Five Of The Utc And The Future Of Creditors' Rights In Trusts, Robert T. Danforth
Scholarly Articles
The Uniform Trust Code ("UTC") is the first comprehensive codification of the law of trusts. Approved in 2000 by the National Conference of Commissioners on Uniform State Laws, the UTC has since been enacted (sometimes in modified form) in at least a dozen jurisdictions. The UTC has not been without controversy. In particular, Article Five of the UTC - concerning creditors' rights - has generated a veritable war of words, with opponents claiming that enactment of the UTC will result in dire consequences to the traditional creditor-protection benefits associated with spendthrift and discretionary trusts. The purpose of this article is …
Policy, Logic, And Persuasion In The Evolving Realm Of Trust Asset Protection, John K. Eason
Policy, Logic, And Persuasion In The Evolving Realm Of Trust Asset Protection, John K. Eason
Faculty Articles
The concept of using legal structures to protect property from those who might otherwise have some claim to it is an idea with deep roots. The trust device is one such legal structure, and its evolution as an asset protection device has not been without controversy. The recent and noticeable break with the traditional denial of self-settled trust protections is one such area of modern controversy, but not the only notable recent development. The self-setted asset protection trust movement is accompanied by the recent completion of two major law reform projects. The drafting and recommendation for state adoption of a …
Colorado Revisits The Rule Against Perpetuities, Wayne M. Gazur
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.
Wills, Trusts And Estates (Annual Survey Of Virginia Law, 2005-2006), J. Rodney Johnson
Wills, Trusts And Estates (Annual Survey Of Virginia Law, 2005-2006), J. Rodney Johnson
Law Faculty Publications
The General Assembly enacted legislation dealing with wills, trusts, and estates that added or amended a number of sections of the Virginia Code in its 2006 Session. In addition, there were six opinions from the Supreme Court of Virginia during the period covered 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.
A Brief Comment On Trust Protectors, Jeffrey E. Stake
A Brief Comment On Trust Protectors, Jeffrey E. Stake
Articles by Maurer Faculty
No abstract provided.
Liberating Estates Law From The Constraints Of Copyright, Lee-Ford Tritt
Liberating Estates Law From The Constraints Of Copyright, Lee-Ford Tritt
UF Law Faculty Publications
This Article addresses a disturbing statutory phenomenon of enormous importance to any artist, composer, writer, scholar, scientist or innovator. The phenomenon, which I have termed “estate-bumping,” has driven an unintended wedge between copyright law and estates law by effectively preventing authors of copyrights from disposing of their copyright interests through common estate planning mechanisms. Current copyright law imposes a unique restraint on the testamentary freedom of copyright authors, a restraint not imposed on any other type of property owner. In effect, this restraint enables unintended beneficiaries to rewrite, or “bump”, an author’s estate plan. Thus, it is copyright law – …
Conditional Love: Incentive Trusts And The Inflexibility Problem, Joshua C. Tate
Conditional Love: Incentive Trusts And The Inflexibility Problem, Joshua C. Tate
Faculty Journal Articles and Book Chapters
This Article examines the contemporary phenomenon of incentive trusts: trusts that use money to encourage or discourage certain behaviors. Using evidence from Internet websites, practitioner articles, and newspaper articles, the Article considers the likely provisions that a typical incentive trust might have, and explains how such trusts might lead to a problem of inflexibility when they are not drafted so as to take into account the possibility of changed circumstances. The Article also examines current law regarding trust modification and termination as well as recent reform proposals, and suggests some alternatives that might better take into account the particular characteristics …
Unique Property: A Supplemental Annotated Bibliography, Nancy Levit
Unique Property: A Supplemental Annotated Bibliography, Nancy Levit
Faculty Works
This bibliography covers law review articles and supplemental A.L.R. entries published after 2002. For literature published from 1997-2002, see Nancy Levit & Robert RM. Verchick, Unique Property: An Annotated Bibliography, 18 J. Am. Acad. Matrim. Law. 589 (2004). A.L.R. entries, the titles of which are usually self-explanatory, are cited, but not annotated. Similarly, articles that concern only a single case or a single state are cited, but not annotated.
Dick Wellman -- A Personal Remembrance, Lawrence W. Waggoner
Dick Wellman -- A Personal Remembrance, Lawrence W. Waggoner
Articles
Dick Wellman was my teacher, mentor, collaborator, colleague, and friend. My law school class at The University of Michigan Law School voted Dick the most enthusiastic member of the faculty, and he was that. Dick devoted his professional life to teaching and scholarship, as most law professors do, but he had another career: Dick was a key player in the Uniform Law Conference,' an organization dedicated to improving private law and promoting legislative uniformity among the states.2