Irwin V. Gavit: Income Is (Sometimes) In The Eye Of The Beholder, 2016 New York Law School
Irwin V. Gavit: Income Is (Sometimes) In The Eye Of The Beholder, William P. Lapiana
Articles & Chapters
No abstract provided.
Foreword: The Supreme Court's Estate Planning Jurisprudence, 2016 Pace University School of Law
Foreword: The Supreme Court's Estate Planning Jurisprudence, Bridget J. Crawford
Elisabeth Haub School of Law Faculty Publications
Sophisticated trust and estate counsel must keep up with near-daily developments in the substantive state law of wills, trusts and estates, as well as state and federal laws of wealth transfer taxation. Because of the sheer volume of statutory law and administrative regulations that estate planners must master, it is easy to lose sight of the important role that federal courts play in shaping the field of estate planning. Federal tax cases are routinely heard by the United States Tax Court, the Federal District Courts, the Court of Federal Claims and appellate courts in all circuits. Yet very few tax …
Lack Of Marketability And Minority Discounts In Valuing Close Corporation Stock: Elusiveness And Judicial Synchrony In Pursuit Of Equitable Consensus, 2016 Barry University
Lack Of Marketability And Minority Discounts In Valuing Close Corporation Stock: Elusiveness And Judicial Synchrony In Pursuit Of Equitable Consensus, Stephen J. Leacock
Faculty Scholarship
No abstract provided.
Running Past Landmines--The Estate Attorney's Dilemma: Ethically Counseling The Client With Alzheimer's Disease, 2016 Florida A & M University College of Law
Running Past Landmines--The Estate Attorney's Dilemma: Ethically Counseling The Client With Alzheimer's Disease, Joseph Karl Grant
Journal Publications
This Article examines the ethical dilemmas faced by attorneys who represent clients suffering from Alzheimer's disease. To do so, this Article raises three (3) hypothetical case studies,and applies the ABA Model Rules of Professional Conduct, and the American College of Trust and Estate Counsel ("ACTEC") Commentaries, where appropriate, to those hypothetical case studies. Additionally, this Article proposes initiatives to ameliorate the lack of awareness and discussion of Alzheimer's disease in the law school curriculum, and finally, modest initiatives that the practicing bar can embrace to further a discussion and awareness among practicing attorneys about the ethical dilemma attorneys face in …
Minimizing Probate-Error Risk, 2016 University of Wyoming College of Law
Minimizing Probate-Error Risk, Mark Glover
University of Michigan Journal of Law Reform
Probate-error risk is the possibility that a court will incorrectly assess the authenticity of a will. By prescribing the method courts use to evaluate the authenticity of wills, the law of will-execution allocates probate-error risk between false-positive outcomes and false-negative outcomes. When a court validates an inauthentic will, it creates a false-positive outcome. When a court invalidates an authentic will, it creates a false-negative outcome. Because false-positive outcomes result in the admission to probate of inauthentic wills and false-negative outcomes result in the denial of probate of genuine wills, both can be characterized as probate errors. This framework has been …
Irresolute Testators, Clear And Convicing Wills Law, 2016 Temple University School of Law
Irresolute Testators, Clear And Convicing Wills Law, Jane B. Baron
Washington and Lee Law Review
Controversial recent wills law reforms, embodied in new provisions of both the Uniform Probate Code and the Restatement of Property, excuse so-called harmless errors in will execution and permit judicial correction of erroneous terms in a will or trust. Both reforms pose evidentiary dangers, as proof of the error must come from outside the attested instrument and will be offered after the testator’s death. To respond to this concern, both the error and the testator’s true intent must be established by “clear and convincing” evidence. This Article is the first to examine how courts have applied the clear and convincing …
What Are Aging Parents Caring For Adult Children With Disabilities To Do? A Comprehensive Framework For A Healthy, Stable, Financially Sound Future, 2016 University of Mississippi School of Law
What Are Aging Parents Caring For Adult Children With Disabilities To Do? A Comprehensive Framework For A Healthy, Stable, Financially Sound Future, Jennifer M. Kirby-Mclemore
Roger Williams University Law Review
No abstract provided.
You Can't Choose Your Family, But You Should Choose Your Co-Tenants: Reforming The Upc To Benefit The Modest- Means Family Cabin Owner, 2016 University of Colorado Law School
You Can't Choose Your Family, But You Should Choose Your Co-Tenants: Reforming The Upc To Benefit The Modest- Means Family Cabin Owner, Lisa C. Willcox
University of Colorado Law Review
No abstract provided.
Recent Development: Sieglein V. Schmidt: Pursuant To § 1-206(B) Of The Estates And Trusts Article, Artificial Insemination Encompasses In Vitro Fertilization Using Donated Sperm; A Court May Use The Goldberger Factors To Determine Voluntary Impoverishment; A Trial Court Can Issue A Permanent Injunction For Harassment Based On § 1-203(A) Of The Family Law Article., Virginia J. Yeoman
University of Baltimore Law Forum
The Court of Appeals of Maryland held that the term “artificial insemination” includes in vitro fertilization using donated sperm, and that a consenting husband is presumed to be the father of the child born as a result of the procedure. Sieglein v. Schmidt, 447 Md. 647, 652, 136 A.3d 751, 754 (2016). The court also held that the circuit court did not abuse its discretion in finding the husband to be voluntarily impoverished or in issuing a permanent injunction based on harassment. Id.
Trial And Heirs: Antemortem Probate For The Changing American Family, 2016 Brooklyn Law School
Trial And Heirs: Antemortem Probate For The Changing American Family, Katherine M. Arango
Brooklyn Law Review
The notion of the traditional American family has changed due to complex family structures formed through remarriages, cohabitation, and same-sex couples. Freedom of disposition is a guiding principle of inheritance law, whereby society recognizes the value in protecting one’s ability to acquire and transfer personal property at death. However, intestacy statutes are antiquated and have failed to keep pace with the rise of the modern American family, thus leaving the right to freedom of disposition uncertain and vulnerable for a large population. A will is a way of opting out of intestacy, but given that a will is frequently the …
Probating Prince’S Estate: Who Will End Up With The Singer’S Substantial Intellectual Property?, 2016 Mitchell Hamline School of Law
Probating Prince’S Estate: Who Will End Up With The Singer’S Substantial Intellectual Property?, J. Gordon Hylton
Cybaris®
No abstract provided.
Medicaid Planning In Idaho, 2016 University of Idaho College of Law
Biologically Biased Beneficence, 2016 Indiana University Maurer School of Law
Biologically Biased Beneficence, Jeffrey E. Stake
Articles by Maurer Faculty
No abstract provided.
International Implications Of The Will As An Implied Unilateral Arbitration Contract, 2016 University of Missouri School of Law
International Implications Of The Will As An Implied Unilateral Arbitration Contract, S. I. Strong
Faculty Publications
In his article, The Will As An Implied Unilateral Arbitration Contract, Professor Gary Spitko offers an intriguing and innovative argument about how arbitration provisions in wills can be enforced even over the objection of a beneficiary and even in cases where the beneficiary seeks to set aside the will in its entirety. While I do not agree with all of the assertions in that Article (for example, the conclusion that "a consensus is developing that a testator may not compel arbitration of contests to her will"' appears somewhat premature, given a number of probate cases not discussed by Professor Spitko …
In Re Guardianship & Estate Of Echevarria, 132 Nev. Adv. Op. 45 (June 30, 2016), 2016 Nevada Law Journal
In Re Guardianship & Estate Of Echevarria, 132 Nev. Adv. Op. 45 (June 30, 2016), Paul George
Nevada Supreme Court Summaries
Distribution of estate funds under NRS Chapter 159 or a court’s distribution order requires a district court finding identifying the source of the funds. A valid stipulation requires mutual assent either through the presence of all interested parties or a signed writing showing the assent of the party against whom the stipulation is offered.
Commentaries On The Model Rules Of Professional Conduct, 2016 University of Washington School of Law
Commentaries On The Model Rules Of Professional Conduct, Thomas Andrews, Karen Boxx
Books
This Fifth Edition of the ACTEC Commentaries continues the tradition of providing guidance on the Model Rules of Professional Conduct particular to estate and trust practitioners. The Fifth Edition update to the Commentaries takes account of amendments to the Model Rules adopted since the 2005 Fourth Edition, including those proposed by the American Bar Association Commission on Ethics 20/20 as adopted by the ABA in 2012 and 2013. It is current through August 31, 2015 as there have been no amendments to the Model Rules since 2013.
In addition to these updates, we have added Commentary and Annotations to four …
A Review Of Alexander A. Bove, Jr., Trust Protectors: A Practice Manual With Forms, 2016 University of Kentucky College of Law
A Review Of Alexander A. Bove, Jr., Trust Protectors: A Practice Manual With Forms, Richard C. Ausness
Law Faculty Scholarly Articles
Alexander Bove has recently written a thoughtful, comprehensive and practical book entitled Trust Protectors: A Practice Manual with Forms. The book describes the powers and rights of a trust protector, as well as the fiduciary duties and potential liabilities associated with this office. In addition, the author examines the relationship between the trust protector and the trustee. He also discusses the role of the courts in this area and identifies a number of practical issues that should be considered by lawyers when they draft trust instruments that contemplate the appointment of a trust protector. Finally, the author provides extensive …
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
Law Faculty Scholarly Articles
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.
Mor[T]Ality And Identity: Wills, Narratives, And Cherished Possessions, 2015 Drexel University Thomas R. Kline School of Law
Mor[T]Ality And Identity: Wills, Narratives, And Cherished Possessions, Deborah S. Gordon
Deborah S Gordon
Wills Above Ground, 2015 University of South Dakota School of Law