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Full-Text Articles in Estates and Trusts
Hb 409, A Drastic Departure From Florida’S Traditional Stance On Will Execution Formalities, Justin Shifrin
Hb 409, A Drastic Departure From Florida’S Traditional Stance On Will Execution Formalities, Justin Shifrin
Journal of Technology Law & Policy
The baby boomer generation is aging, and many of the citizens that belong to this generation are retiring to Florida. Accordingly, Florida is expected to host one of the largest wealth transfers in history. And while the baby boomer population ages, our society is becoming more digitized. Things we traditionally did by pen and paper are now increasingly done by computer and keystroke, and wills are no exception. What was previously considered a document whose sacred nature could only be appreciated by the affixation of a handwritten signature at the bottom thereof, wills are now being drafted, signed, witnessed, and …
Transfer On Death Deeds: It Is Time To Establish The Rules Of The Game, Stephanie Emrick
Transfer On Death Deeds: It Is Time To Establish The Rules Of The Game, Stephanie Emrick
Florida Law Review
A transfer on death deed is a form of deed that allows real property assets to pass at death outside of the probate process. Through the twentieth century, there has been a movement in the world of property law—dubbed “the nonprobate revolution”—that focuses on using will substitutes to transfer personal property assets at death without the typical probate process. This is important because the probate process can be quite lengthy and expensive. Until recently, the nonprobate option was not readily available where real property assets were a part of the estate. The transfer on death deed essentially evolved from the …
Congress And Commercial Trusts: Dealing With Diversity Jurisdiction Post-Americold, S.I. Strong
Congress And Commercial Trusts: Dealing With Diversity Jurisdiction Post-Americold, S.I. Strong
Florida Law Review
Commercial trusts are one of the United States’ most important types of business organizations, holding trillions of dollars of assets and operating nationally and internationally as a “mirror image” of the corporation. However, commercial trusts remain underappreciated and undertheorized in comparison to corporations, often as a result of the popular but mistaken belief that commercial trusts are analogous to traditional intergenerational trusts or that corporations reflect the primary or paradigmatic form of business association. The treatment of commercial trusts reached its nadir in early 2016, when the U.S. Supreme Court held in Americold Realty Trust v. ConAgra Foods, Inc. that …
The Will As An Implied Unilateral Arbitration Contract, E. Gary Spitko
The Will As An Implied Unilateral Arbitration Contract, E. Gary Spitko
Florida Law Review
A consensus has begun to develop in the case law, the academic commentary, and the statutory reform movement that a testator’s provision in her will mandating arbitration of any challenge to the will should not be enforceable against a beneficiary who has not agreed to the arbitration provision, at least where the will contestant, by his contest, seeks to increase his inheritance outside the will. Grounding this consensus is the widespread understanding that a will is not a contract. This Article seeks to challenge both the understanding that a will is not a contract and the opposition to enforcement of …
Trust Term Extension, Reid Kress Weisbord
Trust Term Extension, Reid Kress Weisbord
Florida Law Review
Over the last thirty years, most jurisdictions in the United States have repealed or abrogated the Rule Against Perpetuities, which prohibits perpetual donor control over property. This, in turn, has led estate planning practitioners to consider whether a trust created to comply with the Rule could, after the Rule’s repeal, be extended in perpetuity to provide for future generations of the settlor’s descendants upon petition of the trustee. Trust term extension in this context implicates fundamental questions about the purpose of a trust: For whose benefit—the beneficiaries’, the settlor’s, or the trustee/fiduciary’s—does the trust exist? This Article argues that the …
Illegitimate Harm: Law, Stigma, And Discrimination Against Nonmarital Children, Solangel Maldonado
Illegitimate Harm: Law, Stigma, And Discrimination Against Nonmarital Children, Solangel Maldonado
Florida Law Review
No one would dispute that for most of U.S. history, nonmarital children suffered significant legal and societal discrimination. Although many individuals believe that the legal disadvantages attached to “illegitimate” status have disappeared in the last forty years, this Article demonstrates that the law continues to discriminate against nonmarital children in a number of areas, including intestate succession, citizenship, and child support. Societal biases against nonmarital children also remain. A majority of Americans believe that the increase in nonmarital births is a significant societal problem and almost 50% believe that unmarried women should not have children. Some courts are aware of …
Interpreting I.R.C. § 67(E): The Supreme Court's Attempt To Nail Investment Advisory Fees To The "Floor", Lindsay Roshkind
Interpreting I.R.C. § 67(E): The Supreme Court's Attempt To Nail Investment Advisory Fees To The "Floor", Lindsay Roshkind
Florida Law Review
No abstract provided.