Estates and Trusts Commons^™

Is The Lack Of Trusts An Impediment For Expanding Business Opportunities In Latin America?, Dante Figueroa

ExpressO

The trust is considered one of the most useful legal structures for promoting business in the United States. In Latin America, in contrast, the trust ("fideicomiso") has been used only in limited circumstances in the commercial and financial realms. While the Anglo-American trust is an exceedingly flexible and pragmatic legal tool, the Latin American fideicomiso has been described as a rigid and outdated institution. Business and legal experts have determined that the lack of an Anglo-American-type trust in Latin America is one of the major obstacles that investors face when attempting to do business in the region. In order for …

A Complete Property Right Amendment, John H. Ryskamp

ExpressO

The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.

Family Limited Partnerships: The Beat Goes On, Walter D. Schwidetzky

ExpressO

Family limited partnerships ("FLP's") are commonly used for estate planning and estate tax savings. They have come under attack by the IRS. Of late, courts have often held that the assets of an FLP are included in the decedent's estate under section 2036 of the Internal Revenue Code. The article discusses a number of recent, highly important cases in this area and makes a proposal for reform.

The Convicted Felon As A Guardian: Considering The Alternatives Of Potential Guardians With Less-Than-Perfect Records, Mike Jorgensen

ExpressO

Courts require discretion in appointing guardians. Oftentimes, the legislature prevents the courts from exercising discretion when statutes are enacted that prohibit felons from serving as guardians under any circumstances. Yet, the need for guardians is increasing and will continue to do so due to the exponential growth in the aging elder population.

At the same time, however, the pool of potential guardians is shrinking in size. Additionally, the same reducing pool of eligible guardians is being attenuated further by having a disproportionate amount of felonies.

The groups most impacted by these trends are the indigent and the minorities. The indigent …

Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp

ExpressO

This brief comment suggests where the anti-eminent domain movement might be heading next.

A Tale Of Two Trusts: The Barnes Foundation And The Isabella Stewart Gardner Museum, Jeannette H. Maurer

ExpressO

This paper examines the law of charitable trusts and donor intent through a comparison of two museums: the Barnes Foundation and the Isabella Stewart Gardner Museum. This paper first analyzes the framework of the Barnes trust and the Gardner trust and explores the various limitations each donor placed upon their trust instruments, including the similar restriction that, after their deaths, their art could never be moved from where they placed it in their respective galleries. The paper then compares and contrasts the Gardner trust with the Barnes trust and discusses how, given their initial similarities, the Gardner Museum has received …

Conditional Love: Incentive Trusts And The Inflexibility Problem, Joshua C. Tate

ExpressO

This Article examines the contemporary phenomenon of incentive trusts: trusts that use money to encourage or discourage certain behaviors. Using evidence from Internet websites, practitioner articles, and newspaper articles, the Article considers the likely provisions that a typical incentive trust might have, and explains how such trusts might lead to a problem of inflexibility when they are not drafted so as to take into account the possibility of changed circumstances. The Article also examines current law regarding trust modification and termination as well as recent reform proposals, and suggests some alternatives that might better take into account the particular characteristics …

Can Business Learn To Love The Environment? The Case For A U.S. Corporate Carbon Fund, Sophie E. Smyth

ExpressO

No abstract provided.

Dependent Relative Revocation Has Lost Its Way But Can Be Found And Better Understood, Frank L. Schiavo

ExpressO

No abstract provided.

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.

The Use Of "Request," "Wish," "Desire": Precatory Trust Or Not?, Frank L. Schiavo

ExpressO

No abstract provided.

Who's Your Daddy?: Challenging The Application Of The Best Interest Of The Child Standard To Adults And In The Context Of An Intestate Estate, Tyler E. Heffron

ExpressO

This article includes a discussion of (1) whether the best interest of the child standard should apply to an adult, (2) whether the best interest of the child standard should apply in the context of an intestate estate, and (3) whether the Kansas Probate Code should defer heirship challenges to the Kansas Parentage Act. The article, following case law from New Mexico and statutes from Georgia, concludes that the best interest of the child standard should not apply to an adult or in the context of an intestate estate. The article proposes an amendment to the Kansas Probate Code.

Beyond Reparations: An American Indian Theory Of Justice, William C. Bradford

ExpressO

The number of states, corporations, and religious groups formally disowning past records of egregious human injustice is mushrooming. Although the Age of Apology is a global phenomenon, the question of reparations—a tort-based mode of redress whereby a wrongdoing group accepts legal responsibility and compensates victims for the damage it inflicted upon them—likely consumes more energy, emotion, and resources in the U.S. than in any other jurisdiction. Since the final year of the Cold War, the U.S. and its political subdivisions have apologized or paid compensation to Japanese-American internees, native Hawaiians, civilians killed in the Korean War, and African American victims …