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Full-Text Articles in Estates and Trusts
Creating A Trust Through Delegation, Raymond C. O'Brien
Creating A Trust Through Delegation, Raymond C. O'Brien
Scholarly Articles
Aging in America has precipitated increasing use of planning for incapacity devices, which include forms creating powers of attorneys ("POAs'). Simple forms may be found online, or they may become part of a sophisticated estate planning portfolio drafted by professionals. Resultingly, to support portability, enforceability, and protection against financial exploitation of vulnerable adults, the National Conference of Commissioners on Uniform State Laws approved the Uniform Power of Attorney Act in 2006 ("UPOAA "), which has been adopted by more than half of United States jurisdictions. One of the Act's provisions requires an express grant of authority contained within the principal's …
Proposing A Model Antilapse Clause, Raymond C. O'Brien
Proposing A Model Antilapse Clause, Raymond C. O'Brien
Scholarly Articles
The complexity of state antilapse statutes exacerbates the task of many estate planners seeking to give prudent expression to the postmortem wishes of a client. These statutes vary as to which predeceasing beneficiaries they should apply, who should be the substitute takers to benefit instead of these lapsed beneficiaries, and how to treat beneficiaries who are treated as predeceasing because of renunciation agreements, final decrees of divorce, or, when the beneficiary kills, exploits, or abuses the one from whom the beneficiary would take. Within the modern statutory framework, there exists an abundant array of testamentary devices by which a transferor …