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Full-Text Articles in Estates and Trusts
Law Of Wills, Browne C. Lewis
Law Of Wills, Browne C. Lewis
Law Faculty Books
This casebook is designed to train law students to think and act like probate attorneys. It is meant to be used in conjunction with the author's book The Law of Trusts. This book's focus is problem-solving and legal application. It includes numerous problems so law students can learn to apply the law they learn from reading the cases. It also contains collaborative learning exercises to encourage students to engage in group problem-solving. The book is divided into three parts to reflect the main types of issues that students will encounter if they practice probate law; its organization mirrors the …
Review: Linking The Certainty Of Death And Taxes, Browne C. Lewis
Review: Linking The Certainty Of Death And Taxes, Browne C. Lewis
Law Faculty Articles and Essays
This is a review of "Wills for Everyone: Helping Individuals Opt Out of Intestacy" (53 B.C.L. Rev. 877 (2012)), by Reid Kress Weisbord. Lewis praises Weisbord’s attempt to simplify the testamentary process. She agrees with his assertion that in failing to execute a will, most people are not fearing their own mortality and instead are just not willing or able to navigate a complicated testamentary process. She supports his suggestion to make executing a will more like filing a simple tax return, when possible. In sum, she praises his efforts to reduce the rate of intestacy by simplifying the testamentary …
Ghosts From The Grave-Inheriting Through The Predeceased Under Ohio Law , Kevin Purcell
Ghosts From The Grave-Inheriting Through The Predeceased Under Ohio Law , Kevin Purcell
Cleveland State Law Review
This Article seeks to advise the estate-planning attorney that Ohio's laws concerning inheriting through predeceased persons is a labyrinth of arbitrary rules, the majority of which serve no apparent public policy. Specifically, very different sets of rules apply to inheriting through a predeceased person via intestacy, a will, a living trust, or a "beneficiary designation" type account, such as a "payable on death" account (hereinafter P.O.D.). Additionally, Ohio law contains surprisingly high doses of ambiguity in some of the most basic principles of law relating to inheriting through predeceased next of kin or predeceased named-beneficiaries in a dispositive-planning instrument. Rather …
A Primer On Organ Donation , Louis J. Sirico Jr.
A Primer On Organ Donation , Louis J. Sirico Jr.
Journal of Law and Health
As organ donation gains increasing attention in our society, attorneys have an obligation to stay current on the issues so that they can properly advise two groups of clients: those who may need transplants and those who, if given reliable information, might consider becoming organ donors. A client in need of a transplant may wish advice about putting his or her affairs in order, and a client who retains an attorney to draft a will may be interested in learning about organ donation. Attorneys should know what a potential organ recipient should consider, how donated organs are allocated, how to …
Drafting Of The Simple Will, Ellis V. Rippner
Drafting Of The Simple Will, Ellis V. Rippner
Cleveland State Law Review
The so-called "simple" will is by far the most common type of will drafted by the attorney. In jest it has been said to be that legal instrument requested by the newly retired business man who wishes to "place his house in order" prior to an extended vacation. Double-parked in front of his attorney's office, he wants the will drafted "instanter" so that he can start his trip with "peace of mind." In fact, seldom does a client suggest that his estate problem requires anything more than a "simple will." In truth, however, no properly drafted will can properly be …
Wills Can Be Made Unbreakable, Ellis V. Rippner
Wills Can Be Made Unbreakable, Ellis V. Rippner
Cleveland State Law Review
So many will contest cases have been filed in the courts in recent years that it almost seems that whenever a will provides for distribution other than in the manner in which the property would descend in the event of intestacy, the probability of a will contest is present. This article will suggest methods by which a client can be given added assurance that his desires will be fulfilled. There are two aspects to consider: first, those methods which we can employ prior to the death of the testator; and second, the precautions we should use in preparing the will.