Restricting Funeral Expense Deductions, 2022 Southern Illinois University School of Law
Restricting Funeral Expense Deductions, William A. Drennan
Dickinson Law Review (2017-Present)
During the Middle Ages, the wealthy often requested burial in mass graves with their fellow mortals, as a sign of humility. But since the rise of the cult of the individual during the Renaissance, individual burial plots have been an expression of prestige, wealth, and social status for some. For example, Leona Helmsley, real estate baroness and “Queen of Mean,” dedicated $3 million upon her death for the care and maintenance of her 1300 square foot, $1.4 million mausoleum. Respectful disposition of the body is a hallmark of civilization and a common law requirement of estate administration, but an extravagant …
Broken Infrastructure, 2022 University of Missouri - Kansas City, School of Law
Estate Planning For Cannabis Business Owners: An Introduction, 2021 Elisabeth Haub School of Law at Pace University
Estate Planning For Cannabis Business Owners: An Introduction, Bridget J. Crawford, Jonathan G. Blattmachr
Elisabeth Haub School of Law Faculty Publications
As more states legalize cannabis sales, estate planners may increasingly be called upon to advise clients with interests in cannabis-related businesses. This essay seeks to assist estate planners in two ways. First, it aims to raise general awareness of cannabis business owners' unique concerns. Second, the essay provides an overview of some of the fundamental issues about which cannabis business owners are likely to seek estate planning advice: business formation matters, wealth transfers, the ability of trusts to own cannabis-related businesses, and gift, estate, and income tax considerations.
In most states that permit legal cannabis sales, there is limited (or …
Front Matter (Letter From The Editor, Masthead, Etc.), 2021 San Jose State University
Front Matter (Letter From The Editor, Masthead, Etc.)
The Contemporary Tax Journal
No abstract provided.
A Sale To A Bidit Should Work As Well As A Sale To An Idit, 2021 Maurice A. Deane School of Law at Hofstra University
A Sale To A Bidit Should Work As Well As A Sale To An Idit, Michael D. Mulligan
ACTEC Law Journal
No abstract provided.
The Ultimate Gift Horse: Modernizing The Upc On Advancements To Avoid Unintended Redistributions, 2021 Maurice A. Deane School of Law at Hofstra University
The Ultimate Gift Horse: Modernizing The Upc On Advancements To Avoid Unintended Redistributions, Jackie Elder, Frederick E. Vars
ACTEC Law Journal
A common tax avoidance strategy is to make annual lifetime gifts in the maximum amount exempt from the gift tax in order to reduce or avoid the estate tax. These gifts are likely intended as an intergenerational transfer of wealth, only differing from passing through the estate in timing. The donors probably don't intend for their tax avoidance strategy to affect the ultimate equitable distribution of their wealth. However, under the Uniform Probate Code (UPC) and case law applying it, these gifts are generally not treated as advancements, so an uneven distribution can result from something as simple as differing …
Maintaining Client Privacy In An Increasingly Public World, 2021 Maurice A. Deane School of Law at Hofstra University
Maintaining Client Privacy In An Increasingly Public World, Mel M. Justak, Anne-Marie Rhodes
ACTEC Law Journal
No abstract provided.
Incentivizing Wills Through Tax, 2021 Maurice A. Deane School of Law at Hofstra University
Incentivizing Wills Through Tax, Margaret Ryznar
ACTEC Law Journal
There have been recent calls to loosen will formalities in order to allow more people to execute wills, the importance of which has been highlighted by the COVID-19 pandemic. The reduction of necessary will formalities can be successful in expanding the use of wills, as can potential tax incentives for creation of wills, such as a tax credit. However, there are numerous advantages to using tax to initiate change, as considered in this Article.
The Intersection Of Racial Inequities And Estate Planning, 2021 Maurice A. Deane School of Law at Hofstra University
The Intersection Of Racial Inequities And Estate Planning, Reetu Pepoff
ACTEC Law Journal
No abstract provided.
Cross-Border Attestation And Interjurisdictional Wills, 2021 Maurice A. Deane School of Law at Hofstra University
Cross-Border Attestation And Interjurisdictional Wills, Richard F. Storrow
ACTEC Law Journal
After nearly two years of difficult effort to contain the coronavirus outbreak, remoteness is firmly embedded in the American psyche. Throughout the country, emergency orders permitting will execution and attestation to be conducted by simultaneous audio-visual transmission have allowed estate planning to proceed. There are currently bills in some state legislatures to make permanent the temporary emergency measures adopted during the pandemic. Remote execution and attestation may be here to stay, even in a world where electronic wills remain rare. This article addresses what is likely to become a more familiar manner of will execution in a post-pandemic world and …
Front Matter, 2021 Maurice A. Deane School of Law at Hofstra University
Truth, Transparency, And The Right Of Privacy, 2021 Maurice A. Deane School of Law at Hofstra University
Truth, Transparency, And The Right Of Privacy, Duncan E. Osborne
ACTEC Law Journal
No abstract provided.
The Nonfiduciary "Trust", 2021 Maurice A. Deane School of Law at Hofstra University
The Nonfiduciary "Trust", Jeffrey Schoenblum
ACTEC Law Journal
This article identifies and details the emergence in an increasing number of states of a new trust law that rejects the fundamental tenets of traditional trust law. This alternative concept of the trust liberates the trustee from any meaningful accountability to the beneficiary, the very core concept of traditional trust law. In short, these states are enabling the creation of what might be described as a "nonfiduciary trust."
An Alternate Approach To Situs Determination For Partnership Interests, 2021 Maurice A. Deane School of Law at Hofstra University
An Alternate Approach To Situs Determination For Partnership Interests, Jack Spencer
ACTEC Law Journal
No abstract provided.
Front Matter, 2021 Maurice A. Deane School of Law at Hofstra University
Modernizing Trusts And Estates: Introduction, 2021 Maurice A. Deane School of Law at Hofstra University
Modernizing Trusts And Estates: Introduction, Alyssa A. Dirusso
ACTEC Law Journal
No abstract provided.
The Perpetual Business Purpose Trust: The Business Planning Vehicle For The Future, Starting Now, 2021 Maurice A. Deane School of Law at Hofstra University
The Perpetual Business Purpose Trust: The Business Planning Vehicle For The Future, Starting Now, Alexander A. Bove Jr., Melissa Langa
ACTEC Law Journal
No abstract provided.
Estate Planning For Cannabis Business Owners: An Introduction, 2021 Maurice A. Deane School of Law at Hofstra University
Estate Planning For Cannabis Business Owners: An Introduction, Bridget J. Crawford, Jonathan G. Blattmachr
ACTEC Law Journal
As more states legalize cannabis sales, estate planners may increasingly be called upon to advise clients with interests in cannabis-related businesses. This essay seeks to assist estate planners in two ways. First, it aims to raise general awareness of cannabis business owners’ unique concerns. Second, the essay provides an overview of some of the fundamental issues about which cannabis business owners are likely to seek estate planning advice: business formation matters, wealth transfers, the ability of trusts to own cannabis-related businesses, and gift, estate, and income tax considerations.
In most states that permit legal cannabis sales, there is limited (or …
Investing In And For The Future: Esg Investing For Trust Assets Under The Prudent Investor Rule, 2021 Maurice A. Deane School of Law at Hofstra University
Investing In And For The Future: Esg Investing For Trust Assets Under The Prudent Investor Rule, Jane Gorham Ditelberg
ACTEC Law Journal
No abstract provided.
Black Deaths Should Matter, Too! Estate Planning As A Tool For Antiracists, 2021 Maurice A. Deane School of Law at Hofstra University
Black Deaths Should Matter, Too! Estate Planning As A Tool For Antiracists, Terrence M. Franklin
ACTEC Law Journal
No abstract provided.