Trustees’ Investment Duties And Cryptoassets, 2020 Singapore Management University
Trustees’ Investment Duties And Cryptoassets, Hang Wu Tang
Research Collection Yong Pung How School Of Law
This article considers the legal and practical concerns for trustees regarding cryptocurrencies and other related instruments, which will be referred to as “cryptoassets”. It will briefly introduce the various types of cryptoassets and explore the risks involved when trustees decide to (or not to) invest in these instruments. This article provides a framework on how trustees should approach the issue of cryptoassets.
Table Of Contents, 2020 Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
Estate Planning With Shaq And Strom: Teaching Post-Mortem Intimacy Audits, 2020 Washington University School of Law in St Louis
Estate Planning With Shaq And Strom: Teaching Post-Mortem Intimacy Audits, Adrienne D. Davis
Scholarship@WashULaw
This Article highlights the importance of using both popular culture references and fictional show characters as mediums for teaching courses on Trusts and Estates. Utilizing post-mortem intimacy audits, specifically through pop culture pedagogical hypotheticals and case studies, Professor Davis highlights the importance of understanding doctrines within Trusts and Estates Law. Focusing on the examples of Shaquille O’Neal and Strom Thurmond, this Article highlights three important lessons for students: the fragility of estate planning, the effects of individual estate planning on groups’ broader wealth and political equality, and the role of private law in distributing legal rights and political equality.
What Happened To Grandma’S House: The Real Property Implications Of Dying Intestate, 2020 University of Florida Levin College of Law
What Happened To Grandma’S House: The Real Property Implications Of Dying Intestate, Danaya C. Wright
UF Law Faculty Publications
Studies have shown that intergenerational wealth transmission significantly affects wealth concentration and the growing wealth gap. Of the two million households that received an inheritance or a substantial inter vivos gift each year, roughly half are small, under $50,000, while transfers of $1 million or more account for only 2% of the transfers. Yet, those 2% of inheritances over $1 million comprise 40% of total wealth transferred. As scholars continue to examine the role of inheritance in the alarming wealth gap, few are focusing on how the laws of intestacy might exacerbate the gap by leading to greater wealth loss …
Litigation Blues For Red-State Trusts: Judicial Construction Issues For Wills And Trusts, 2020 University of Florida Levin College of Law
Litigation Blues For Red-State Trusts: Judicial Construction Issues For Wills And Trusts, Lee-Ford Tritt
UF Law Faculty Publications
Will construction—the process wherein a trier of fact must determine the testator’s probable intent because the testator’s actual intent is not clear—is too little discussed and too often misunderstood in succession law jurisprudence. Yet, construction issues are becoming increasingly important due to a growing number of will and trust disputes concerning the determination of beneficiaries in a post-Obergefell United States. Currently, courts are being asked to construe terms like “spouse,” “husband,” “wife,” “child,” “son,” “daughter,” and “descendants” in estate planning documents during a time in which understandings of marriage, identity, reproduction, religious liberty, and public policy are rapidly evolving. Interestingly, …
Wills, Trusts, Guardianships, And Fiduciary Administration, 2020 Mercer University School of Law
Wills, Trusts, Guardianships, And Fiduciary Administration, Mary F. Radford
Mercer Law Review
This Article describes selected cases and significant legislation from the period of June 1, 2018 through May 31, 2019 that pertain to Georgia fiduciary law and estate planning.
- Setting Aside Probate
- Exoneration
- Trustee's Warranties
- Payment of Guardian ad Litem Fees in Guardianship Cases
Discounts For Fractional Ownership Of Real Property Are Accepted, So Why Haven’T The Irs And Courts Accepted Discounts For Fractional Ownership Of Artwork?, 2019 Brooklyn Law School
Discounts For Fractional Ownership Of Real Property Are Accepted, So Why Haven’T The Irs And Courts Accepted Discounts For Fractional Ownership Of Artwork?, Maren N. Eisenmesser
Brooklyn Journal of Corporate, Financial & Commercial Law
In 2014, the Fifth Circuit held that Mr. Elkins’s estate was entitled to apply a fractional ownership discount to determine the taxable value of the undivided interest in artwork. The estate received a $14 million refund plus interest. The Internal Revenue Code directs taxpayers to value the items in a gross estate at their fair market value. Fractional ownership adds another problem in the valuation of an estate’s interest property. In general, courts have accepted fractional ownership discounts for real property. In contrast, courts have been reluctant to apply a fractional ownership discount for artwork. This Note will argue that …
Trustee Liability For Breach Of Trust—Loss Or Profit, Or Loss And Profit?, 2019 University at Buffalo School of Law
Trustee Liability For Breach Of Trust—Loss Or Profit, Or Loss And Profit?, Kenneth F. Joyce
Journal Articles
No abstract provided.
Cuban Asset Control Regulations: The Transfer Of Estate Assets To Cuban Heirs Under The Obama And Trump Administrations, 2019 University of Miami Law School
Cuban Asset Control Regulations: The Transfer Of Estate Assets To Cuban Heirs Under The Obama And Trump Administrations, Madeleine N. Elser
University of Miami Inter-American Law Review
No abstract provided.
Neglecting Responsibilities: The Uniform Probate Code's Failure To Address Child Maltreatment And Poverty, 2019 Brooklyn Law School
Neglecting Responsibilities: The Uniform Probate Code's Failure To Address Child Maltreatment And Poverty, Joshua Hamlet
Journal of Law and Policy
When a child or adolescent passes away, parents are typically stricken with grief and unable to cope with the devastation. Unfortunately, the emotional toll is not the only challenge parents face. Some are forced to handle legal battles regarding the administration of their deceased child’s estate. Since the majority of children do not have a will, state adoptions of the Uniform Probate Code dictate what happens to the child’s estate during these tragedies. But what happens in the event these parents abused or neglected their child while that child was still living? While the Uniform Probate Code advises that these …
Front Matter, 2019 Maurice A. Deane School of Law at Hofstra University
The Tax And Practical Aspects Of The Installment Sale To A Spousal Grantor Trust, 2019 Maurice A. Deane School of Law at Hofstra University
The Tax And Practical Aspects Of The Installment Sale To A Spousal Grantor Trust, William R. Culp Jr., Paul M. Hattenhauer, Briani Bennett Mellen
ACTEC Law Journal
No abstract provided.
Re-Considering Undue Influence In The Digital Era, 2019 Maurice A. Deane School of Law at Hofstra University
Re-Considering Undue Influence In The Digital Era, Jodie Distler
ACTEC Law Journal
No abstract provided.
Decision And Persuasion: Re-Conceiving The Role Of The Planner Where Undue Influence Is Suspected, 2019 Maurice A. Deane School of Law at Hofstra University
Decision And Persuasion: Re-Conceiving The Role Of The Planner Where Undue Influence Is Suspected, James C. Milton, Katheleen R. Guzman
ACTEC Law Journal
No abstract provided.
Making Directed Trusts Work: The Uniform Directed Trust Act, 2019 Maurice A. Deane School of Law at Hofstra University
Making Directed Trusts Work: The Uniform Directed Trust Act, John D. Morley, Robert H. Sitkoff
ACTEC Law Journal
Directed trusts have become a familiar feature of trust practice in spite of considerable legal uncertainty about them. Fortunately, the Uniform Law Commission has just finished work on the Uniform Directed Trust Act (UDTA), a new uniform law that offers clear solutions to the many legal uncertainties surrounding directed trusts. This article offers an overview of the UDTA, with particular emphasis on four areas of practical innovation. The first is a careful allocation of fiduciary duties. The UDTA’s basic approach is to take the law of trusteeship and attach it to whichever person holds the powers of trusteeship, even if …
Wills, Trusts, And Estates, 2019 University of Richmond
Wills, Trusts, And Estates, J. William Gray Jr., Katherine E. Ramsey
University of Richmond Law Review
The 2019 Virginia General Assembly did not enact any major new legislation, but it did pass several significant amendments. Among the most useful was an amendment to the Virginia Uniform Transfers to Minors Act which extended the maximum age for custodianships from twenty-one to twenty-five. The legislature also decided to cease imposing income taxes on estates and trusts whose sole connection to the Commonwealth is that they are being administered here. It responded to two recent court cases involving the required execution formalities for leases and the right to award attorneys’ fees in actions involving an agent’s breach of fiduciary …
Remedying The Abuse Of Organisational Forms: Trusts And Companies Considered, 2019 Singapore Management University
Remedying The Abuse Of Organisational Forms: Trusts And Companies Considered, Pey Woan Lee
Research Collection Yong Pung How School Of Law
Both the trust and the company are organisational forms distinguished bytheir ability to facilitate affirmative asset partitioning. However, this feature isvulnerable to abuse by those whose purpose is to defeat creditor rights. Thisarticle considers recent developments in judicial doctrines aimed atcountering such abuse and the extent to which they are explicable by, orcoherent, with economic analyses drawn from the work of Hansmann andKraakma.
Unlimited Liability For Banks: Deposits As Fraudulent Transfers, 2019 St. Mary's University
Unlimited Liability For Banks: Deposits As Fraudulent Transfers, Katherine Zampas
St. Mary's Law Journal
One of a trustee’s most valuable resources in bankruptcy proceedings is his avoidance powers. A trustee is charged with the duty to recover and recapture any property wrongfully removed from the estate by way of fraudulent transfer or preference. In some cases, a trustee has attempted to treat a debtor’s deposit into a bank account as a transfer, rendering it subject to his avoidance powers. Such a result will leave banks collaterally responsible as a transferee for a debtor’s conduct despite their lack of culpability and control over the funds.
The definition of transfer within the Bankruptcy Code is comprehensive …
Libraries, Authors, And Literary Estates: The Complex Case Of Rosenbach V. Sendak (2016), 2019 North Carolina Central University
Libraries, Authors, And Literary Estates: The Complex Case Of Rosenbach V. Sendak (2016), Patrick Roughen
Charleston Library Conference
This research examines a lawsuit filed by the Rosenbach Museum and Library of Philadelphia in 2016 against the Estate of Maurice Sendak (1928–2012) to determine the distribution of some of Sendak’s collection of rare books. In the lawsuit, the Rosenbach claimed the executors of the Sendak estate had withheld a portion of the rare books to which it was entitled under Sendak’s will. This paper suggests possible ways in which institutions such as libraries, archives, and museums might anticipate and address some of the ownership-related problems that arise during the acquisition and/or loss of collections of an artist or author …
Honoring Probable Intent In Intestacy: An Empirical Assessment Of The Default Rules And The Modern Family, 2019 University of Florida Levin College of Law
Honoring Probable Intent In Intestacy: An Empirical Assessment Of The Default Rules And The Modern Family, Danaya C. Wright, Beth Sterner
Danaya C. Wright
This article provides preliminary analysis of an empirical study of nearly 500 wills probated in Alachua and Escambia Counties in the State of Florida in 2013. The particular focus of the study is to determine if there are noticeable patterns of property distribution preferences among decedents based on their diverse family relationships. Earlier empirical studies of distribution preferences indicated that a majority of married decedents wanted to give all or most of their estates to their surviving spouses. As a result of these studies, most states amended their probate codes to give surviving spouses a sizable percentage of a decedent …