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West Virginia University

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Articles 1 - 30 of 175

Full-Text Articles in Estates and Trusts

Statutory Heirs Apparent?: Reclaiming Copyright In The Age Of Author-Controlled, Author-Benefiting Transfers, Tonya M. Evans Sep 2016

Statutory Heirs Apparent?: Reclaiming Copyright In The Age Of Author-Controlled, Author-Benefiting Transfers, Tonya M. Evans

West Virginia Law Review

No abstract provided.


Land, Slaves, And Bonds: Trust And Probate In The Pre-Civil War Shenandoah Valley, Alfred L. Brophy, Douglas Thie Sep 2016

Land, Slaves, And Bonds: Trust And Probate In The Pre-Civil War Shenandoah Valley, Alfred L. Brophy, Douglas Thie

West Virginia Law Review

No abstract provided.


West Virginia Courts Attempting To Equitably Distribute Defined Benefit Pension Plans During Divorce Proceedings: An Examination Of The Immediate Offset And Deferred Distribution Methods, Alex Greenberg Apr 2012

West Virginia Courts Attempting To Equitably Distribute Defined Benefit Pension Plans During Divorce Proceedings: An Examination Of The Immediate Offset And Deferred Distribution Methods, Alex Greenberg

West Virginia Law Review

No abstract provided.


What Sex-Ed Didn't Teach You: Addressing The Inadequacies Of West Virginia Code Section 42-1-8 And The Future Of Posthumously Conceived Children, Andrew S. Felts Sep 2011

What Sex-Ed Didn't Teach You: Addressing The Inadequacies Of West Virginia Code Section 42-1-8 And The Future Of Posthumously Conceived Children, Andrew S. Felts

West Virginia Law Review

No abstract provided.


De Facto Marriage In West Viginia: If The Court Recognizes The Relationship For Alimony, Why Not For Probate?, Lisa M. Gunno Apr 2007

De Facto Marriage In West Viginia: If The Court Recognizes The Relationship For Alimony, Why Not For Probate?, Lisa M. Gunno

West Virginia Law Review

No abstract provided.


Probate Law, Robin Jean Davis, Louis J. Palmer Jr. Jun 2002

Probate Law, Robin Jean Davis, Louis J. Palmer Jr.

West Virginia Law Review

No abstract provided.


Revenge Of The Disappointed Heir: Tortious Interference With Expectation Of Inheritance - A Survey With Analysis Of State Approaches In The Fourth Circuit, Diane J. Klein Jan 2002

Revenge Of The Disappointed Heir: Tortious Interference With Expectation Of Inheritance - A Survey With Analysis Of State Approaches In The Fourth Circuit, Diane J. Klein

West Virginia Law Review

No abstract provided.


Equitable Modification: Ameliorating The Harsh Consequences Of The Commonlaw Rule Against Pepetuities While Eliminating The Uncertainty Rule Against Perpetuities, Michael S. Bailey Sep 1999

Equitable Modification: Ameliorating The Harsh Consequences Of The Commonlaw Rule Against Pepetuities While Eliminating The Uncertainty Rule Against Perpetuities, Michael S. Bailey

West Virginia Law Review

No abstract provided.


Ten Limitations To Ponder On Farm Limited Liability Companies, Jesse Richardson, L. Leon Geyer Apr 1999

Ten Limitations To Ponder On Farm Limited Liability Companies, Jesse Richardson, L. Leon Geyer

Law Faculty Scholarship

No abstract provided.


Creditors Of A Joint Tenant: Is There A Lien After Death, John W. Fisher Ii Jun 1997

Creditors Of A Joint Tenant: Is There A Lien After Death, John W. Fisher Ii

West Virginia Law Review

No abstract provided.


West Virginia Takes A Step Backward In Elective Share Law, Bruce L. Stout, Audy M. Perry Jr. Jun 1997

West Virginia Takes A Step Backward In Elective Share Law, Bruce L. Stout, Audy M. Perry Jr.

West Virginia Law Review

No abstract provided.


Estate Planning With Medicaid: Qualification And Planning For The Elderly, Amber R. Cook Sep 1996

Estate Planning With Medicaid: Qualification And Planning For The Elderly, Amber R. Cook

West Virginia Law Review

No abstract provided.


Cary V. Riss: Protecting Due Process Concerns In West Virginia Probate, Chad S. Lovejoy Jan 1996

Cary V. Riss: Protecting Due Process Concerns In West Virginia Probate, Chad S. Lovejoy

West Virginia Law Review

No abstract provided.


Digging Up New Revenue: Retrospective Estate Taxation And The Omnibus Budget Reconciliation Act, Michael George Jun 1994

Digging Up New Revenue: Retrospective Estate Taxation And The Omnibus Budget Reconciliation Act, Michael George

West Virginia Law Review

No abstract provided.


Laying Claim: A Practitioner's Guide To Will Contests In West Virginia, Christopher J. Winton, Mark W. Kelley Sep 1993

Laying Claim: A Practitioner's Guide To Will Contests In West Virginia, Christopher J. Winton, Mark W. Kelley

West Virginia Law Review

No abstract provided.


Statutory Reform Revisited: Toward A Comprehensive Understanding Of The New Law Of Intestate Succession And Elective Share, John W. Fisher Ii Sep 1993

Statutory Reform Revisited: Toward A Comprehensive Understanding Of The New Law Of Intestate Succession And Elective Share, John W. Fisher Ii

West Virginia Law Review

No abstract provided.


The Uniform Statutory Rule Against Perpetuities: Taming The Technicality-Ridden Legal Nightmare, John D. Moore Sep 1992

The Uniform Statutory Rule Against Perpetuities: Taming The Technicality-Ridden Legal Nightmare, John D. Moore

West Virginia Law Review

No abstract provided.


The 1990 Uniform Probate Code's Elective-Share Provisions--West Virginia's Enactment Paves The Way, Patricia J. Roberts Sep 1992

The 1990 Uniform Probate Code's Elective-Share Provisions--West Virginia's Enactment Paves The Way, Patricia J. Roberts

West Virginia Law Review

No abstract provided.


Premarital Wills And Pretermitted Children: West Virginia Law V. Revised Uniform Probate Code, Elma M. Reed Sep 1990

Premarital Wills And Pretermitted Children: West Virginia Law V. Revised Uniform Probate Code, Elma M. Reed

West Virginia Law Review

No abstract provided.


Reforming The Law Of Interstate Succession And Elective Shares: New Solutions To Age-Old Problems, John W. Fisher Ii, Scott A. Curnutte Sep 1990

Reforming The Law Of Interstate Succession And Elective Shares: New Solutions To Age-Old Problems, John W. Fisher Ii, Scott A. Curnutte

West Virginia Law Review

No abstract provided.


Preventing Spousal Disinheritance: An Equitable Solution, Scott A. Curnutte Jan 1990

Preventing Spousal Disinheritance: An Equitable Solution, Scott A. Curnutte

West Virginia Law Review

No abstract provided.


Personal Residence: Disposition Alternatives, D. Frank Hill Iii Jun 1984

Personal Residence: Disposition Alternatives, D. Frank Hill Iii

West Virginia Law Review

No abstract provided.


Description Of West Virginia's New Probate System, Karl Warden Apr 1983

Description Of West Virginia's New Probate System, Karl Warden

West Virginia Law Review

No abstract provided.


Black Lung Benefit Trusts As A Federal Self-Insurance Alternative, Peter M. Kelly Jun 1980

Black Lung Benefit Trusts As A Federal Self-Insurance Alternative, Peter M. Kelly

West Virginia Law Review

Since the enactment of the Federal Coal Mine Health and Safety Act1 (FCMHSA) in late 1969, occupational pneumoconiosis, "black lung disease," has been compensable under federal law. These federal black lung benefits are coordinated with state workmen's compensation or occupational disease laws to provide death or disability benefits for coal miners suffering from the disease. Black lung benefits are provided at federal cost under Part B of Title IV of the FCMHSA with respect to claims which arose before July 1, 1973 (Part B benefits)." Benefits are payable directly or indirectly by coal mine operators under Part C of Title …


The Survivors' 25-Year Presumption Under The Black Lung Benefits Reform Act Of 1977: A Case For Its Unconstitutionality, David J. Millstone, Maria J. Codnach Jun 1980

The Survivors' 25-Year Presumption Under The Black Lung Benefits Reform Act Of 1977: A Case For Its Unconstitutionality, David J. Millstone, Maria J. Codnach

West Virginia Law Review

Title IV of the Federal Coal Mine Health and Safety Act of 1969 [the Black Lung Act], as amended by the Black Lung Benefits Reform Act of 1977 establishes, inter alia, a new presumption intended to substantially assist widows and other dependent survivors of coal miners in gaining benefits for disability caused by coal workers' pneumoconiosis (more commonly known as black lung disease). Survivors of coal miners who died before March 1, 1978, with twenty-five or more years of coal mine employment accrued prior to July 1, 1971, are presumed to be entitled to benefits unless it is established that, …


Living Wills--Need For Legal Recognition, James C. Turner May 1976

Living Wills--Need For Legal Recognition, James C. Turner

West Virginia Law Review

No abstract provided.


West Virginia And The Uniform Probate Code: An Overview Part Ii, Earl M. Curry Jr. Feb 1975

West Virginia And The Uniform Probate Code: An Overview Part Ii, Earl M. Curry Jr.

West Virginia Law Review

No abstract provided.


West Virginia And The Uniform Probate Code: An Overview Part I, Earl M. Curry Jr. Feb 1974

West Virginia And The Uniform Probate Code: An Overview Part I, Earl M. Curry Jr.

West Virginia Law Review

No abstract provided.


Wills--Implied Gifts Of Remainders, W. Richard Mccune Jr. Feb 1974

Wills--Implied Gifts Of Remainders, W. Richard Mccune Jr.

West Virginia Law Review

No abstract provided.


Taxation--Apportionment Of Inheritance Tax Where Contingent Or Limited Interests Are Present, Anne R. Williams Nov 1973

Taxation--Apportionment Of Inheritance Tax Where Contingent Or Limited Interests Are Present, Anne R. Williams

West Virginia Law Review

No abstract provided.