Asymmetries In The Generation And Transmission Of Wealth, 2017 University of Cincinnati College of Law
Asymmetries In The Generation And Transmission Of Wealth, Felix B. Chang
Faculty Articles and Other Publications
This Article assigns a redistributive role to the legal rules of trusts and estates. Unlike business law, trusts and estates has lagged in articulating a comprehensive theory on inequality. Consequently, income inequality is compounded intergenerationally as wealth inequality, with dire consequences for economic productivity and social stability. To move the discourse on wealth inequality, this Article explores the divergent approaches toward inequality in business law and trusts and estates.
Additionally, this Article recasts trusts and estates’ legal rules as wealth transfer mechanisms. Four categories of rules are implicated: (1) rules that interact with the tax system, (2) rules that govern ...
Expanding The Slayer Rule In Florida: Why Elder Abuse Should Trigger Disinheritance, 2017 Barry University School of Law
Expanding The Slayer Rule In Florida: Why Elder Abuse Should Trigger Disinheritance, Natasa Glisic
Barry Law Review
No abstract provided.
The Method In Fiduciary Law's Mixed Messages, 2017 William & Mary Law School
The Method In Fiduciary Law's Mixed Messages, Evan J. Criddle
No abstract provided.
Tomorrow's Inheritance: The Frontiers Of Estate Planning Formalism, 2017 University of California, Davis, School of Law
Tomorrow's Inheritance: The Frontiers Of Estate Planning Formalism, David Horton
Boston College Law Review
The rules that govern the creation of an estate plan are in flux. Courts once demanded strict adherence to the Wills Act. Yet, this legacy of hyper-vigilance is waning, as the Uniform Probate Code, the Restatement (Third) of Property, and ten states have adopted the harmless error rule. Meanwhile, trusts, which need not comply with the Wills Act, have eclipsed wills as the dominant method of posthumous wealth transmission. This Article explores three budding topics that threaten to further complicate this area. First, there are anecdotal accounts of decedents trying to make electronic wills. In both strict compliance and harmless ...
Liberty In Loyalty: A Republican Theory Of Fiduciary Law, 2017 William & Mary Law School
Liberty In Loyalty: A Republican Theory Of Fiduciary Law, Evan J. Criddle
Conventional wisdom holds that the fiduciary duty of loyalty is a prophylactic rule that serves to deter and redress harmful opportunism. This idea can be traced back to the dawn of modern fiduciary law in England and the United States, and it has inspired generations of legal scholars to attempt to explain and justify the duty of loyalty from an economic perspective. Nonetheless, this Article argues that the conventional account of fiduciary loyalty should be abandoned because it does not adequately explain or justify fiduciary law’s core features.
The normative foundations of fiduciary loyalty come into sharper focus when ...
Freedom Of Inheritance, 2017 University of Wyoming College of Law
Freedom Of Inheritance, Mark Glover
Utah Law Review
The law grants individuals the broad freedom of disposition to decide how their property should be distributed upon death. The rationale underlying freedom of disposition is that the choices of individual donors produce results that maximize social welfare. Policymakers are rightfully skeptical that they can craft a mandatory estate plan that fits all situations or that probate courts can consistently and accurately assess the merits of particular dispositions of property. By contrast, the donor is in the best position to evaluate her own specific circumstances and to place property in the hands of the donees who will benefit the most ...
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 ...
Video: Elder Law For Beginners, 2017 Nova Southeastern University
Video: Elder Law For Beginners, Arlene Lakin, Gail Fisher
Law Center Plus Seminar Series
This particular seminar is designed to educate attorneys about how to be an elder law attorney. Practitioners will learn the various skill sets involved: estate and incapacity planning as well as protection of assets in order to qualify for, or remain qualified for, public benefits such as Medicaid and veteran’s pension with aid and attendance.
1. How to work with senior citizens and their families in a clinical as well as legal format
2. How to determine capacity of elderly clients to execute legal documents
3. How to analyze family relationships
4. How to design an estate and incapacity ...
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.
Liberty And Community In Marriage: Expanding On Massey’S Proposal For A Community Property Option In New Hampshire, 2017 University of California, Hastings College of the Law
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 ...
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 ...
What's Wrong With Partial Intestacy?, 2017 School of Law, City University of New York
What's Wrong With Partial Intestacy?, Richard F. Storrow
Marquette Law Review
This article questions whether wills law's disapproval of partial intestacy rests on defensible assumptions about testamentary intent. After examining the causes of and antidotes to partial intestacy, I make three primary points. First, the presumption against intestacy applies only to wills that contain an ambiguous bequest of the residue. Second, the law's disapproval of partial intestacy is due in part to its failure to make an important distinction between testamentary intention and dispositive intention. Third, a theory of passive intention, heretofore barely alluded to in the law of wills, supplies the necessary validation of partially intestate estates.
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.
Wills & Trusts, 2017 Southern Methodist University
Wills & Trusts, Gerry Beyer
SMU Annual Texas Survey
No abstract provided.
The Elective Share Has No Friends: Creditors Trump Spouse In The Battle Over The Revocable Trust, 2017 University of Baltimore School of Law
The Elective Share Has No Friends: Creditors Trump Spouse In The Battle Over The Revocable Trust, Angela M. Vallario
All Faculty Scholarship
A revocable trust is a popular estate planning tool used to disinherit a spouse in sixteen jurisdictions. In common law jurisdictions, a surviving spouse, who is dissatisfied with his or her inheritance, has the right to receive an elective share of the decedent's estate regardless of the decedent's estate plan. However, sixteen jurisdictions have defined a dissatisfied spouse's rights with a fractional share of the deceased spouse's "net probate estate," allowing one spouse to disinherit the other, by single-handedly transferring his or her assets to a revocable trust. To add insult to injury seven of these ...
Mother. Orator. Woman Suffrage Leader: The Feminist Legacy Of Elizabeth Cady Stanton, 2017 University of Maryland School of Law
Mother. Orator. Woman Suffrage Leader: The Feminist Legacy Of Elizabeth Cady Stanton, Paula A. Monopoli
No abstract provided.
A New Hope: Tortious Interference With An Expected Inheritance In Rhode Island, 2017 Pannone Lopes Devereaux & O'Gara LLC
A New Hope: Tortious Interference With An Expected Inheritance In Rhode Island, Rebecca M. Murphy, Samantha M. Clarke
Roger Williams University Law Review
No abstract provided.
Ip, R.I.P., 2017 Willamette University College of Law
Ip, R.I.P., Andrew Gilden
Washington University Law Review
Death is an inevitably disruptive event. When a famous artist or public figure dies, the fallout can be particularly complex and contentious. An artist’s surviving family and close friends frequently seek privacy and solitude as they process a deeply personal loss, while millions of fans, by contrast, seek to widely share, rework, and celebrate the decedent’s archive of work. When these very different mourning processes intersect, intellectual property laws play a pivotal role in deciding how an artist is mourned, commemorated, and remembered.
This Article reexamines the interests of an artist’s families, friends, and other heirs (IP ...
Family Limited Partnerships And Section 2036: Not Such A Good Fit, 2017 Maurice A. Deane School of Law at Hofstra University
Family Limited Partnerships And Section 2036: Not Such A Good Fit, Mitchell M. Gans, Jonathan G. Blattmachr
Hofstra Law Faculty Scholarship
The IRS has struggled to close down abusive family limited partnerships. At first unreceptive to IRS arguments, the courts eventually embraced section 2036 as an estate-tax tool for attacking such partnerships. Because the section was not designed to apply to partnerships, difficulties have arisen as the courts have struggled with the fit. In its most recent encounter, the Tax Court in Powell grappled with a fit-related issue that implicates the Supreme Court’s landmark decision in Byrum. The Powell court, it will be argued, misread Byrum, conflating the majority opinion with the dissent – and converting the rule-based approach adopted by ...