How Many #Followers Do You Have?: Evaluating The Rise Of Social Media And Issues Concerning In Re Ctli’S Determination That Social Media Accounts Are Property Of The Estate, 2017 The Catholic University of America, Columbus School of Law
How Many #Followers Do You Have?: Evaluating The Rise Of Social Media And Issues Concerning In Re Ctli’S Determination That Social Media Accounts Are Property Of The Estate, Patricia A. Leeson
Catholic University Law Review
With the rise of social media use, legal disputes have surfaced with litigants looking to the courts to determine issues of ownership and legal authority. As a matter of first impression, a U.S. Bankruptcy Court in Texas held that a Twitter and Facebook social media account were to be regarded as property of the estate pursuant to Section 541 of the Bankruptcy Code. The court analogized the social media accounts to subscriber lists because they provide valuable access to customers. Although the court addressed the question of whether social media applications are to be regarded as property in bankruptcy ...
Liberty And Community In Marriage: Expanding On Massey’S Proposal For A Community Property Option In New Hampshire, 2017 University of New Hampshire
Liberty And Community In Marriage: Expanding On Massey’S Proposal For A Community Property Option In New Hampshire, Jo Carrillo
University of New Hampshire Law Review
This article argues that intimate partners should have the right to adopt a sharing economy within marriage. Forty-one U.S. states employ a separate property regime for property acquired during marriage; of these, only two allow married couples to opt out of the separate property system and hold their assets as community property. Nine U.S. states are community property states. To encourage equal partnership in marriage, Calvin Massey proposed that New Hampshire, a separate property state, enable a community property option. This essay expands on Massey’s proposal by comparing it to three other marriage reform proposals: two based ...
In Re Frei Irrevocable Trust, 133 Nev. Adv. Op. 8 (Mar. 2, 2017), 2017 Nevada Law Journal
In Re Frei Irrevocable Trust, 133 Nev. Adv. Op. 8 (Mar. 2, 2017), Angela Lee
Nevada Supreme Court Summaries
The Nevada Supreme Court adopted the Restatement (Second) of Trusts SS 338 (Am. Law Inst. 1959). It held trusts are modifiable by a settlor and beneficiary as long as any non-consenting beneficiaries' interests are not prejudiced.
The Disposition Of Human Remains And Organ Donation: Increasing Testamentary Freedom While Upholding The No Property Rule, Louise M. Mimnagh
Western Journal of Legal Studies
In terms of real and personal property, Canadian law grants individuals substantial testamentary freedom in the disposition of their estate. However, in regards to human remains, Ontario has upheld the common law’s longstanding “No Property Rule,” which prevents testamentary freedom in regards to one’s bodily remains. In light of changing societal notions of property and value with respect to the human body, this article argues in favour of implementing greater testamentary freedom for individuals in regards to the disposition of their body, organs, tissue, and fluids. This article reviews alternative approaches to the testamentary disposition of human remains ...
Estate Of Holliday: "Flping" The Script, 2017 Florida A&M University College of Law
Estate Of Holliday: "Flping" The Script, Phyllis C. Taite
In this article, Taite examines Estate of Holliday, in which the Tax Court held that the full value of property transferred to a family limited partnership was properly includable in the decedent’s estate because the decedent had a retained right in the property and no significant nontax reasons for making the transfer.
Estate Of Purdue: A Blueprint For Flping, 2017 Florida A&M University College of Law
Estate Of Purdue: A Blueprint For Flping, Phyllis C. Taite
In this article, Taite examines Estate of Purdue, in which the Tax Court held that assets of the decedent that were transferred to the family limited liability company were not includable in the gross estate, that transfers to the family trust qualified for an annual exclusion, and that the estate could deduct interest on loans from the estate’s beneficiaries.
A Chinese Inheritance, 2016 University of South Dakota School of Law
A Chinese Inheritance, Thomas E. Simmons
Thomas E. Simmons
In States We "Trust": Self-Settled Trusts, Public Policy, And Interstate Federalism, 2016 Northwestern Pritzker School of Law
In States We "Trust": Self-Settled Trusts, Public Policy, And Interstate Federalism, Brendan Duffy
Northwestern University Law Review
Over the last twenty years, domestic asset protection trusts have risen in popularity as a means of estate planning and asset protection. A domestic asset protection trust is an irrevocable trust formed under state law which enables an independent trustee to allocate money to a class of
persons, which includes the settlor.
Since Alaska first enacted domestic asset protection legislation in 1997, fifteen states have followed its lead. The case law over the last twenty years addressing these trust mechanisms has, however, been surprisingly sparse. A Washington bankruptcy court decision, In re Huber, altered this drought, but caused more confusion ...
The Development Of The Wife's Cause Of Action For Loss Of Consortium, 2016 St. John's University School of Law
The Development Of The Wife's Cause Of Action For Loss Of Consortium
The Catholic Lawyer
No abstract provided.
Planned Parenthood: Adult Adoption And The Right Of Adoptees To Inherit, 2016 University of Kentucky College of Law
Planned Parenthood: Adult Adoption And The Right Of Adoptees To Inherit, Richard C. Ausness
Richard C. Ausness
This Article is concerned with the effect of adult adoptions on the inheritance rights (in the broad sense of that term) of adult adoptees. The Article contends many adult adoption statutes assume the existence of a parent-child relationship in which the adopter is the “parent” and the adoptee is a “child” even though this is not true of all adult adoption cases. In addition, legislatures and courts frequently fail to differentiate between “quasi-familial” adoptions and “strategic” adoptions, particularly where inheritance rights are concerned.
Moving Forward By Looking Back: The Retroactive Application Of Obergefell, 2016 University of Florida Levin College of Law
Moving Forward By Looking Back: The Retroactive Application Of Obergefell, Lee-Ford Tritt
UF Law Faculty Publications
The recent Supreme Court decision of Obergefell v. Hodges has forever altered American jurisprudence. Not only did this decision make same-sex marriage legal in all fifty states, but it also required states to recognize same-sex marriages from other states in accordance with the 14th Amendment. The Court’s holding in Obergefell raises a fundamental question with serious legal and financial significance: when exactly do these once unrecognized marriages legally begin? And to what extent must courts apply Obergefell retroactively? The stakes are high and substantive financial effects are pending on the answer to this question — for, with marriage, comes wide-ranging ...
The "Estate Planning" Interviewer, 2016 Notre Dame Law School
The "Estate Planning" Interviewer, Thomas L. Shaffer
Thomas L. Shaffer
Professor Shaffer's article The "Estate Planning" Interviewer is the Introduction: Part II, in J.K. Lasser's Estate Tax Techniques on pages INT-25 to INT-51
Will Of Fortune: New York Will Drafting─Part 1, 2016 Columbia, Fordham & NYU Law Schools
Will Of Fortune: New York Will Drafting─Part 1, Gerald Lebovits
No abstract provided.
Toward Economic Analysis Of The Uniform Probate Code, 2016 Notre Dame Law School
Toward Economic Analysis Of The Uniform Probate Code, Daniel B. Kelly
Daniel B Kelly
Insights from economics and the economic analysis of law may be useful in analyzing succession law, including intestacy and wills as well as nonprobate transfers such as trusts. After surveying prior works that have examined succession from a functional perspective, I explore the possibility of utilizing tools like (i) transaction costs, (ii) the ex ante/ex post distinction, and (iii) rules versus standards, to illuminate the design of the Uniform Probate Code. Specifically, I investigate how these tools, which legal scholars have employed widely in other contexts, may be relevant in understanding events like the nonprobate revolution and issues like ...
The Will As An Implied Unilateral Arbitration Contract, 2016 University of Florida Levin College of Law
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 ...
Non-Charitable Purpose Trusts: Past, Present, And Future, 2016 University of Kentucky College of Law
Non-Charitable Purpose Trusts: Past, Present, And Future, Richard C. Ausness
Law Faculty Scholarly Articles
This Article focuses on non-charitable purpose trusts and how they enable estate planners to better carry out their clients’ objectives. Specifically, it explores the history of non-charitable purpose trusts and summarizes the differences between private trusts, charitable trusts, and non-charitable purpose trusts. This Article also examines the treatment of non-charitable purpose trusts in England and the United States prior to the promulgation of the Restatement of Trusts in 1935. This Article surveys the recent adoption of non-charitable purpose trust provisions in the Uniform Trust Code and various Restatements and gives advice on drafting the trust instruments. Lastly, this Article concludes ...
Trusts No More: Rethinking The Regulation Of Retirement Savings In The United States, 2016 Boston College Law School
Trusts No More: Rethinking The Regulation Of Retirement Savings In The United States, Natalya Shnitser
Boston College Law School Faculty Papers
The regulation of private and public pension plans in the United States begins with the premise that employer-sponsored plans resemble traditional donative, or gift, trusts. Accordingly, the Employee Retirement Income Security Act of 1974 (ERISA) famously “imports” major principles of donative trust law for the regulation of private employer-sponsored pension plans. Statutes regulating state and local government pension plans likewise routinely invoke the structure and standards applicable to donative trusts. Judges, in turn, adjudicate by analogy to the common law trust.
This Article identifies the flaws in the analogy and analyzes the shortcomings of a regulatory framework that, despite dramatic ...
Law Of Wills, 2016 Cleveland-Marshall College of Law, Cleveland State University
Law Of Wills, Browne C. Lewis
Law Faculty Books
This casebook is designed to train law students to think and act like probate attorneys. It is meant to be used in conjunction with the author's book The Law of Trusts. This book's focus is problem-solving and legal application. It includes numerous problems so law students can learn to apply the law they learn from reading the cases. It also contains collaborative learning exercises to encourage students to engage in group problem-solving. The book is divided into three parts to reflect the main types of issues that students will encounter if they practice probate law; its organization mirrors ...
In Defense Of The Harmless Error Rule’S Clear And Convincing Evidence Standard: A Response To Professor Baron, 2016 University of Wyoming College of Law
In Defense Of The Harmless Error Rule’S Clear And Convincing Evidence Standard: A Response To Professor Baron, Mark Glover
Washington and Lee Law Review Online
In Irresolute Testators, Clear and Convincing Wills Law, Professor Jane Baron draws attention to a conflict between the mechanics of the law of wills and the realities of testation. Baron observes that the law of wills is designed to be used as a tool by resolute and rationale testators to communicate their intent regarding the distribution of property upon death. However, the law’s archetypical testator does not represent the many real testators who are irresolute and irrational, those possessing incoherent and only partially formed thoughts regarding the disposition of their estates.
Based upon the disconnect between the law’s ...
Justice; Mater Et Magistra; Civil Rights; Zoning; Sociological Jurisprudence; Mr. Justice Brennan; Business Ethics, 2016 St. John's University School of Law
Justice; Mater Et Magistra; Civil Rights; Zoning; Sociological Jurisprudence; Mr. Justice Brennan; Business Ethics
The Catholic Lawyer
No abstract provided.