Law Commons^™

Mor[T]Ality And Identity: Wills, Narratives, And Cherished Possessions, Deborah S. Gordon

Deborah S Gordon

In Terrorem Clauses: More Bark Than Bite?, 25 Loy. U. Chi. L.J. 493 (1994), Ronald Domsky

Ronald Z. Domsky

No abstract provided.

In Terrorem Clauses: More Bark Than Bite?, Ronald Domsky

Ronald Z. Domsky

No abstract provided.

The Planning And Drafting Of Wills, Thomas Shaffer, Carol Mooney, Amy Boettcher

Thomas L. Shaffer

This text, prepared by recognized experts in the field, addresses questions and issues that arise during the drafting of wills and trusts, particularly by couples. In addition, the authors offer insightful commentary. Representative chapters include Planning Together, Rebuilding Together, Non-Estate Planning, and Planning for Disability.

The Planning And Drafting Of Wills & Trusts, Thomas Shaffer

Thomas L. Shaffer

No abstract provided.

Trusting Trust, Deborah Gordon

Deborah S Gordon

What is a trustee and how should we understand her duties? The existing literature typically identifies the trustee in the role of agent, partner or contracting party. This Article re-envisions the trustee in the role of the legal system’s most trusted type of decision-maker: the common law judge. Rather than argue for a top-down recreation of the trustee’s role, this Article contends that valuable lessons can be learned by reconceptualizing how trustees, settlors, and beneficiaries view themselves and each other. Using traditional literature about great judging as a touchstone, the Article argues that those qualities essential to principled adjudication — …

The Transformation Of Trusts As A Legal Category, 1800-1914, Gregory Alexander

Gregory S Alexander

Sometimes we are least aware of that which most affects us. So it seems with respect to legal categories. Lawyers do not take legal categories very seriously today. But they should. Legal categories are central to legal reasoning; indeed it is almost impossible to imagine legal reasoning without the use of categories. Categorical thinking affects every area of law. The purpose of this article is to illuminate, through a case-study, the contingent and ideological character of legal categories. It focuses on the development of trusts into and then as a discrete legal category during the period between the beginning of …

The Dead Hand And The Law Of Trusts In The Nineteenth Century, Gregory Alexander

Gregory S Alexander

This article discusses a basic paradox at the core of liberal property law. Individual freedom to dispose of consolidated bundles of rights cannot simultaneously be allowed and fully maintained. If the donor of a property interest tries to restrict the donee's freedom to dispose of that interest, the legal system, in deciding whether to enforce or void that restriction, must resolve whose freedom it will protect, that of the donor or that of the donee. Although post-realist American property lawyers acknowledge this conflict, at least nominally, it did not emerge in legal consciousness in so starkly visible a form until …

Contemporary Trusts And Estates: An Experiential Approach (2nd Ed)., Susan Gary, Jerome Borison, Naomi Cahn, Paula Monopoli

Paula A Monopoli

Contemporary Trusts and Estates: An Experiential Approach uses cases and statutory materials, along with exercises and problems, to integrate legal analysis and practice skills. Consistent with the Carnegie Report‘s call for more practice skills, it includes exercises in document drafting, role-playing, and letter writing to clients.

Assisted Reproductive Technology Poses New Estate-Planning Questions, Lindsey Paige Markus, Assistance From Evan D. Blewett

Evan Blewett

Due to the deferral of pregnancy, environmental issues and a host of medical factors, infertility rates are on the rise. The Centers for Disease Control estimated that as many as 12 percent of U.S. women and their partners experience infertility, and experts posit that this statistic continues to rise. The increased prevalence and effectiveness of Assisted Reproductive Technology, or ART, creates myriad legal issues for individuals and couples to consider.

Inheritances And Death: Legal Strategies In The United States, England And France, Ray Madoff, Pierre-Alain Conil

Ray D. Madoff

No abstract provided.

Letters Non-Testamentary, Deborah Gordon

Deborah S Gordon

Letters written in anticipation of death, so-called “last letters,” appear frequently in American case law, especially when inheritance is at issue. One common appearance is when such letters are offered to serve as wills for decedents who leave no other written indication of testamentary intent. Even where a properly attested will exists, though, many courts have construed letters as codicils – addenda – to the more traditional instruments, though such letters sometimes contradict or substantially alter the original wills. Courts also use letters as tools for interpreting ambiguous documents and as mechanisms for determining whether a formal property arrangement, a …

Estate Planning Games, Thomas Shaffer

Thomas L. Shaffer

No abstract provided.

Death, Taxes & Divorce: Why Every Ex-Spouse Needs A New Estate Plan, Lindsey Paige Markus, Assistance From Evan D. Blewett

Evan Blewett

No one can escape the inevitable — death and taxes. And unfortunately, according to the U.S. Census Bureau nearly 50 percent of all marriages will end in divorce. The divorce process is incredibly stressful. Clients are often so overwhelmed with emotional, financial and legal complexities, they fail to consider the estate planning implications of their separation and divorce. However, proactive planning can help ensure assets do not pass to a soon-to-be-ex or a former spouse.

Life Insurance Lessons From A ‘Sopranos’ Star, Lindsey Paige Markus, Assistance From Evan D. Blewett

Evan Blewett

James Gandolfini has been gracing the headlines over the past few months. Surprisingly, the publicity surrounding the late television star’s death is not focused on his award-winning performance in “The Sopranos” or a Hollywood scandal — but rather his estate planning. Tony Soprano certainly missed some extraordinary estate planning opportunities...

Do Inherited Iras Protect Assets Well?, Lindsey Paige Markus, Assistance From Evan D. Blewett

Evan Blewett

Whether a client has a complex or simple estate plan, failure to properly address a retirement plan (IRA) beneficiary designation may cause havoc. Regardless of what a client’s estate plan may say, the beneficiary designation under the client’s IRA governs.

The Perverse History Of Dead Bodies Under American Law, Ray Madoff

Ray D. Madoff

No abstract provided.

Two Tricks To Raising Capital-Gains Taxes Fairly, Ray Madoff

Ray D. Madoff

No abstract provided.

Fiduciary Duties And Exculpatory Clauses: Clash Of The Titans Or Cozy Bedfellows?, Louise Hill

Louise L Hill

Centuries ago, when land represented the majority of wealth, the trust was used primarily for holding and transferring real property. As the dominant form of wealth moved away from family land, the trust evolved into a device for managing financial assets. With this transformation came the use of exculpatory clauses by both amateur and professional trustees, providing an avenue for these fiduciaries to escape liability for designated acts. With the use of exculpatory provisions, discussion abounded about whether fiduciary duties were mandatory or subject to modification. The latter view eventually prevailed, with the majority of jurisdictions viewing fiduciary duties as …

American Probate: Protecting The Public, Improving The Process, Paula Monopoli

Paula A Monopoli

New Hampshire judge and probate attorney John Fairbanks, a court-appointed executor and trustee, stole thousands of dollars from the estates of his trusting elderly clients. Successful Virginia lawyer David Murray misappropriated nearly four million dollars from estates entrusted to him in one of the largest financial swindles by a lawyer in U.S. history. Enterprising attorney James Gunderson drafted wills and living trusts for many residents of Leisure World in Orange County, California, who named him the sole trustee and major beneficiary. These are just some of the cases examined by Paula A. Monopoli to illustrate the unsettling prevalence of fraud …

Contemporary Approaches To Trusts And Estates, Susan Gary, Jerome Borison, Naomi Cahn, Paula Monopoli

Paula A Monopoli

This book uses cases and statutory materials along with exercises and problems to integrate legal analysis and practice skills. The book can be used in a three- or four-credit course with or without the exercises, and sample syllabi are included in the Teacher’s Manual.

Testamentary Substitutes—A Time For Statutory Clarification, Sidney Kwestel, Rena Seplowitz

Rena C. Seplowitz

No abstract provided.

Testamentary Substitutes—A Time For Statutory Clarification, Sidney Kwestel, Rena Seplowitz

Sidney Kwestel

No abstract provided.

Immortality For Foundations Can Pose Big Challenges In Shifting Times, Ray Madoff

Ray D. Madoff

No abstract provided.

America Builds An Aristocracy, Ray Madoff

Ray D. Madoff

No abstract provided.

Legally Dead, Ray Madoff

Ray D. Madoff

You may not be able to take the things you owned in life with you when you die, but in United States the dead can still exert control over their property. And, the legal rights of the dead are growing!

In Immortality and the Law: The Rising Power of the American Dead, law professor Ray D. Madoff looks at how the deceased in America can exert control over their wealth through things like “dynasty trusts,” perpetual private charitable foundations, and how they control their creative works and identities well into the unforeseen future.

Changes To U.S. Taxing After Death, Ray Madoff

Ray D. Madoff

Boston College Professor Ray Madoff talks with Kai Ryssdal about her new book "Immortality and Law," and why dead doesn't really mean dead anymore -- financially speaking -- because states have started extending to some of the dead permanent control over their trusts and estates.

The Rising Power Of The American Dead, Ray Madoff

Ray D. Madoff

No abstract provided.

Immortality And The Law: The Rising Power Of The American Dead, Ray Madoff

Ray D. Madoff

This book takes a riveting look at how the law responds to that distinctly American dream of immortality. While American law provides virtually no protections for the interests we hold most dear—our bodies and our reputations—when it comes to property interests, the American dead have greater control than anywhere else in the world. Moreover, these rights are growing daily. From grave robbery to Elvis impersonators, Madoff shows how the law of the dead has a direct impact on how we live. Madoff examines how the rising power of the American dead enables the deceased to exert control over their wealth …

Liberating Estates Law From The Constraints Of Copyright, Lee-Ford Tritt

Lee-ford Tritt

No abstract provided.