Estates and Trusts Commons^™

On Becoming Charitable: Predicting And Encouraging Charitable Bequests In Wills, Kristine Knaplund

Kristine Knaplund

On Becoming Charitable: Predicting and Encouraging Charitable Bequests in Wills Kristine S. Knaplund, Professor of Law What causes people to leave their property to charity in their wills? Many scholars have explored the effects of tax laws on charitable bequests, but now that more than 99% of Americans’ estates are exempt from federal taxes, what non-tax factors predict charitable giving? This Article explores charitable bequests before the federal estate tax and a deduction for charitable bequests were enacted by Congress. By examining two years of probate files in Los Angeles and St. Louis, in which 16.6% of St. Louis testators, …

Sperms And Estates: An Unadulterated Functionally Based Approach To Parent-Child Property Succession, Lee-Ford Tritt

Lee-ford Tritt

The Article argues that the sanguinary nexus test, the dominant standard for determining whether an individual has a right to inherit property when another dies, has become an increasingly frustrating, and arguably arcane, legal tool in light of the diversity of family relationships extant in modern American life. The sanguinary nexus test determines child status based upon ties of “blood.” Considering the evolving notions of family structures and advances in reproductive technologies involving cloning, surrogacy and egg/sperm donation, serious questions arise about whether the existing sanguinary nexus test can produce results consistent with the fundamental principle of testamentary freedom underlying …

A Malthusian Analysis Of The So-Called Dynasty Trust, William J. Turnier, Jeffrey L. Harrison

Jeffrey L Harrison

Select financial institutions and members of the Bar have seized upon the presence of the limited exemption from the generation skipping transfer tax provided under the Internal Revenue Code to promote so-called dynasty trusts as a means whereby individuals can build dynastic wealth for a family forever free from transfer taxes. To realize such benefits, state law that does not impose the Rule Against Perpetuities must govern the trust. The promise of dynastic wealth is unlikely to be realized due to several factors. Administrative and tax costs are likely to reduce the yield on such trusts to a level where …

What's Wrong With A Federal Inheritance Tax?, Wendy Gerzog

Wendy Gerzog

Scholars have proposed a federal inheritance tax as an alternative to the current federal transfer tax system, but there are serious flaws with that idea. Those problems include: (1) different tax rates and exemptions based on the decedent’s relationship to the beneficiary; (2) the lack of a tax on lifetime gratuitous transfers, including gifts with retained interests or control; (3) the persistence of most current valuation distortion abuses; and (4) significantly decreased compliance rates and increased administrative costs inherent in a system that taxes transferees on transactions that may be largely unmonitored.

This article reviews common characteristics of existing inheritance …

Arizona's Slayer Statute: The Killer Of Testator Intent, Adam D. Hansen

Adam D Hansen

In 2012, the Arizona legislature amended its slayer statute to close loopholes that had emerged during years of slayer case litigation. However, in so doing, the Arizona legislature neglected to consider the adverse impact the amendment would have on the trending social consideration of euthanasia. This Article sheds light on the unintended legal consequences of Arizona’s current slayer statute, considering the trending social issue of euthanasia. Part Two briefly presents terms, highlights two legal theories that were used in early American jurisprudence, and gives a short history of the codification of modern slayer statutes. Part Three gives an overview of …

Au Revoir, Will Contests: Comparative Lessons For Preventing Will Contests, Margaret Ryznar, Angelique Devaux

Margaret Ryznar

American probate law has not yet managed to prevent will contests and not every will executed will be ultimately upheld. The most common grounds for will contests are undue influence, testamentary capacity, and fraud. These will contests have significant costs, which include failing to give effect to testator’s intent and high litigation and decision costs. In fact, the most significant challenge that exists in American probate law today is the frequent inability to honor testamentary intent due to will contests brought by disgruntled relatives. On the other hand, a legal system that has nearly eliminated will contests on the grounds …

Jus Sanguinis: Determining Parentage For Assisted Reproduction Children Born Overseas, Kristine Knaplund

Kristine Knaplund

Jus Sanguinis: Determining Citizenship for Assisted Reproduction Children Born Overseas Professor Kristine S. Knaplund Abstract The United States has long followed the English common law view that citizenship can be attained at birth in two ways: by being born in the U.S. (jus soli), or by being born abroad as the child of a U.S. citizen (jus sanguinis). The first, jus soli, is now part of the 14th amendment to the U.S. Constitution: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and the state wherein they reside.” …

Jus Sanguinis: Determining Parentage For Assisted Reproduction Children Born Overseas, Kristine Knaplund

Kristine Knaplund

Jus Sanguinis: Determining Citizenship for Assisted Reproduction Children Born Overseas Professor Kristine S. Knaplund Abstract The United States has long followed the English common law view that citizenship can be attained at birth in two ways: by being born in the U.S. (jus soli), or by being born abroad as the child of a U.S. citizen (jus sanguinis). The first, jus soli, is now part of the 14th amendment to the U.S. Constitution: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and the state wherein they reside.” …

Killers Shouldn't Inherit From Their Victims . . . Or Should They?, Carla Spivack

Carla Spivack

The article offers a profound reassessment of so-called “Slayer Rules,” laws that, in all states, bar killers from inheriting from their victims. For the first time in the literature, this piece questions the underlying rationale for these rules by examining the context of family violence and mental illness in which these killing occur, and argues that, given that context, these rules are often neither legally nor morally justified. My argument is as follows: at first glance, the idea behind Slayer Rules seems reasonable, indeed, morally obvious: a killer should not be able to profit from his or her crime. This …

Fiduciary Duties And Exculpatory Clauses: Clash Of The Titans Or Cozy Bedfellows?, Louise Hill

Louise L Hill

Centuries ago, when land represented the majority of wealth, the trust was used primarily for holding and transferring real property. As the dominant form of wealth moved away from family land, the trust evolved into a device for managing financial assets. With this transformation came the use of exculpatory clauses by both amateur and professional trustees, providing an avenue for these fiduciaries to escape liability for designated acts. With the use of exculpatory provisions, discussion abounded about whether fiduciary duties were mandatory or subject to modification. The latter view eventually prevailed, with the majority of jurisdictions viewing fiduciary duties as …

Sperms And Estates: An Unadulterated Funtionally Based Approach To Parent-Child Property Succession, Lee-Ford Tritt

Lee-ford Tritt

No abstract provided.

Liberating Estates Law From The Constraints Of Copyright, Lee-Ford Tritt

Lee-ford Tritt

No abstract provided.