Estates and Trusts Commons^™

Texas Remedies In Equity For Breach Of Fiduciary Duty: Disgorgement, Forfeiture And Fracturing, George P. Roach

George P Roach

Texas Remedies in Equity For Breach of Fiduciary Duty:

Disgorgement, Forfeiture and Fracturing

Abstract

As prescribed in Burrow, fee forfeiture was not new but it introduced changes in how a remedy in equity is normally measured. In 2010, the Supreme Court introduced asset forfeiture in Swinnea as a new remedy in equity for cases of aggravated breach of fiduciary duty. Neither opinion explained how the changes should be applied, if at all, to other remedies in equity, especially disgorgement.

This article shows that two key disparities have resulted from Texas courts’ failure to reconcile forfeiture of agreed compensation with disgorgement ...

The Beginning Of The End Of Coverture: A Reappraisal Of The Married Woman’S Separate Estate, Allison Anna Tait

Allison Anna Tait

Before statutory enactments in the nineteenth century granted married women a limited set of property rights, the separate estate trust was, by and large, the sole form of married women’s property. Although the separate estate allowed married women to circumvent the law of coverture, historians have generally viewed the separate estate as an ineffective vehicle for extending property rights to married women. In this Article, I reappraise the separate estate’s utility and argue that Chancery’s separate estate jurisprudence during the eighteenth century was a critical first step in the establishment of married women as property-holders. Separate estates ...

Beyond The Five Stages Of Grief: Best Practices For Estate Mediation And Advising The Bereaved Client, Louise M. Mimnagh

Western Journal of Legal Studies

In 1789, Benjamin Franklin famously wrote that nothing in this world is certain “except death and taxes.” Yet, as the baby boomer generation increasingly comprises our senior population, a third near-certainty has emerged: family disputes regarding the estate of a deceased family member. This article reviews the Canadian legislative response to these estate disputes thus far through the introduction of Rule 75.1 of the Ontario Rules of Civil Procedure. It is argued that the introduction of mandatory mediation provides the Estates Bar with an opportunity to review emerging demands on lawyers as well as mediation and bereavement literature in ...

Page, Leonard, 1762-1836 (Sc 1191), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid only for Manuscripts Small Collection 1191. Receipts and sundry papers related to the estate of Leonard Page of Logan County, Kentucky.

In Re Est. Of Bennett, 2013 Mt 230, Calli Oiestad

Montana Law Review

Wrongful death damages and survival damages arise from distinct claims that must be pursued by a decedent’s personal representative in one action. Survival damages belong to the estate and may only be claimed by the decedent’s heirs. Wrongful death damages belong to the decedent’s survivors and are not restricted to his or her heirs.

Freedom Of Contracts, Hanoch Dagan, Michael Heller

Tel Aviv University Law Faculty Papers

“Freedom of contracts” has two components: (1) the familiar freedom to bargain for terms within a contract and (2) the long-neglected freedom to choose from among contract types. Theories built on the first freedom have reached an impasse; attention to the second points toward a long-elusive goal, a liberal and general theory of contract law. This theory is liberal because it develops an appealing conception of contractual autonomy grounded in the actual diversity of contract types. It is general because it explains how contract values – utility, community, and autonomy – properly relate to each other across contract types. Finally, it is ...

Au Revoir, Will Contests: Comparative Lessons For Preventing Will Contests , Margaret Ryznar, Angelique Devaux

Nevada Law Journal

No abstract provided.

The Hide And Seek Of Creditors And Debtors: Examining The Effectiveness Of Domestic Asset Protection Trusts For The Massachusetts Settlor, Nina Dow

Nina Dow

No abstract provided.

San Marino - Digest Of Trust Law, Andrea Vicari Avv.

Andrea Vicari Avv.

No abstract provided.

What's Wrong With A Federal Inheritance Tax?, Wendy Gerzog

Wendy Gerzog

Scholars have proposed a federal inheritance tax as an alternative to the current federal transfer tax system, but there are serious flaws with that idea. Those problems include: (1) different tax rates and exemptions based on the decedent’s relationship to the beneficiary; (2) the lack of a tax on lifetime gratuitous transfers, including gifts with retained interests or control; (3) the persistence of most current valuation distortion abuses; and (4) significantly decreased compliance rates and increased administrative costs inherent in a system that taxes transferees on transactions that may be largely unmonitored.

This article reviews common characteristics of existing ...

What's Wrong With A Federal Inheritance Tax?, Wendy Gerzog

Wendy Gerzog

Scholars have proposed a federal inheritance tax as an alternative to the current federal transfer tax system, but there are serious flaws with that idea. Those problems include: (1) different tax rates and exemptions based on the decedent’s relationship to the beneficiary; (2) the lack of a tax on lifetime gratuitous transfers, including gifts with retained interests or control; (3) the persistence of most current valuation distortion abuses; and (4) significantly decreased compliance rates and increased administrative costs inherent in a system that taxes transferees on transactions that may be largely unmonitored.

This article reviews common characteristics of existing ...

Protecting Those Who Need It Most: A Call For Change To The Tax Application Of Qualified Domestic Relations Orders When Placed Into Special Needs Trusts, Conor Francis Linehan

Conor Francis Linehan

This note calls for a change to the way the Internal Revenue Code is applied towards qualified domestic relations orders when used to fund or partially fund special needs trusts, specifically irrevocable (d)(4)(B) trusts created under § 1396p.

The current status of the law is that an individual can roll over a qualified domestic relations order into a new retirement account in a tax-free transfer. If an individual elects to not roll over into a new retirement fund, some additional exemptions to various early termination penalties and lump sum payments have already been carved out of the Code.

This ...

Case Note: In Re Estate Of Brown (Tenn. 2013), Lee T. Nutini

Lee T Nutini

A case note analyzing the current conflict in Tennessee precedent concerning contract-based will contests and their jurisdictional challenges.

Who Killed The Rule Against Perpetuities?, Grayson M. P. Mccouch

Pepperdine Law Review

During the last two decades more than half the states have either abolished or substantially weakened the traditional rule against perpetuities. The increased demand for perpetual trusts is widely attributed to the ability of such trusts to avoid federal wealth transfer taxes. Furthermore, recent empirical studies confirm a correlation between repeal of the rule against perpetuities (coupled with favorable state income tax treatment) and increased personal trust assets and average account size. This symposium article discusses the asymmetric benefits and drawbacks of perpetual trusts and concludes that the decline of the rule against perpetuities cannot be explained solely in terms ...

Distracted From Distraction By Distraction: Reimagining Estate Tax Reform, Edward J. Mccaffery

Pepperdine Law Review

Recent legislation has left a gift and estate tax that will apply to far fewer than 1% of all decedents each year. This Article, prepared for a symposium on Tax Advice for the Second Obama Administration, argues that the estate tax has become largely irrelevant, except ironically as a spur to the creation and perpetuation of dynastic wealth via 'Dynasty Trusts.' The tax no longer meets any compelling policy rationale, such as raising revenue, 'backing up” the income tax, injecting progression into the tax system, or breaking up large concentrations of wealth. It is time to move on, and to ...

Arizona's Slayer Statute: The Killer Of Testator Intent, Adam D. Hansen

Adam D Hansen

In 2012, the Arizona legislature amended its slayer statute to close loopholes that had emerged during years of slayer case litigation. However, in so doing, the Arizona legislature neglected to consider the adverse impact the amendment would have on the trending social consideration of euthanasia.

This Article sheds light on the unintended legal consequences of Arizona’s current slayer statute, considering the trending social issue of euthanasia. Part Two briefly presents terms, highlights two legal theories that were used in early American jurisprudence, and gives a short history of the codification of modern slayer statutes. Part Three gives an overview ...

Repulsed By Rap? Renewal Options Are Singing A Different Tune: An Analysis Of Bleecker Street Tenants Corp. V. Bleeker Jones, Llc, Jonathan M. Vecchi

Touro Law Review

No abstract provided.

Estate Planning For Indian Land In Oklahoma: A Practitioner's Guide, Casey Ross-Petherick

Casey Ross-Petherick

No abstract provided.

Book Review, David Mckibbin Iii

Pepperdine Law Review

No abstract provided.

Trimble V. Gordon: An Unstated Reversal Of Labine V. Vincent?, John A. Boyd

Pepperdine Law Review

No abstract provided.