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Articles 1 - 30 of 78
Full-Text Articles in Law
Restraining Live Hand Control Of Inheritance, Mark Glover
Restraining Live Hand Control Of Inheritance, Mark Glover
Maryland Law Review
No abstract provided.
Mother. Orator. Woman Suffrage Leader: The Feminist Legacy Of Elizabeth Cady Stanton, Paula A. Monopoli
Mother. Orator. Woman Suffrage Leader: The Feminist Legacy Of Elizabeth Cady Stanton, Paula A. Monopoli
Faculty Scholarship
No abstract provided.
Inheritance Law And The Marital Presumption After Obergefell, Paula A. Monopoli
Inheritance Law And The Marital Presumption After Obergefell, Paula A. Monopoli
Faculty Scholarship
No abstract provided.
When An Ex Can Take It All: The Effect—And Non-Effect—Of Revocation On A Will Post-Divorce, Molly Brimmer
When An Ex Can Take It All: The Effect—And Non-Effect—Of Revocation On A Will Post-Divorce, Molly Brimmer
Maryland Law Review
No abstract provided.
Contemporary Trusts And Estates - An Experiential Approach, Jerome Borison, Naomi R. Cahn, Susan N. Gary, Paula A. Monopoli
Contemporary Trusts And Estates - An Experiential Approach, Jerome Borison, Naomi R. Cahn, Susan N. Gary, Paula A. Monopoli
Faculty Scholarship
In this essay in a special issue dedicated to teaching trusts and estates, the co-authors of Contemporary Trusts & Estates: An Experiential Approach (2d. ed. Aspen 2014) reflect on how the teaching of trusts and estates can integrate policy, practice, doctrine, and centuries of tradition. They describe the genesis of their problem-based casebook and the influence of the Carnegie Report on their choice of pedagogic framework. Each of the co-authors embraced the fundamental principles advocated by the Carnegie Report, which counsels that legal education should integrate “theoretical and practical legal knowledge and professional identity.” This essay goes on to outline …
Preserving Preservation: Long Green Valley Association, Conservation Easements, And Charitable Trust Doctrine, Alyssa J. Domzal
Preserving Preservation: Long Green Valley Association, Conservation Easements, And Charitable Trust Doctrine, Alyssa J. Domzal
Maryland Law Review
No abstract provided.
Astrue V. Capato: Relegating Posthumously Conceived Children To Second-Class Citizens, Nicole M. Barnard
Astrue V. Capato: Relegating Posthumously Conceived Children To Second-Class Citizens, Nicole M. Barnard
Maryland Law Review
No abstract provided.
Toward Equality: Nonmarital Children And The Uniform Probate Code, Paula A. Monopoli
Toward Equality: Nonmarital Children And The Uniform Probate Code, Paula A. Monopoli
Faculty Scholarship
This Article traces the evolution of the Uniform Probate Code's (UPC) broad equality framework for inheritance by nonmarital children in the context of the wider movement for legal equality for such children in society. It concludes that the UPC is to be lauded for its efforts to provide equal treatment to all nonmarital children. The UPC'c commitment to such equality serves an expressive function for state legilatures and courts to follow its lead. The UPC has fulfilled its promise that all children regardless of marital status shall be equal for purposes of inheritance from or through parents, with one exception: …
Nonmarital Children And Post-Death Parentage: A Different Path For Inheritance Law?, Paula A. Monopoli
Nonmarital Children And Post-Death Parentage: A Different Path For Inheritance Law?, Paula A. Monopoli
Faculty Scholarship
Historically, nonmarital children were treated as “filius nullius,” the child of no one. American jurisprudence has evolved to embrace these children and to err on the side of treating them in the same manner as marital children. Much of inheritance law is concerned with establishing a parent-child relationship in order to determine one’s eligibility to inherit. The 1970s saw several United States Supreme Court cases address the issue of state inheritance statutes that imposed a higher burden on nonmarital children in establishing a parent-child relationship for purposes of inheritance. Some of these state statutes incorporated “surrogate” rules for divining whether …
Pfeufer V. Cyphers: Giving The Testator’S Pen Too Much Might—The Unintended Tax Consequences Of Innocent Apportionment Language, Heather R. Pruger
Pfeufer V. Cyphers: Giving The Testator’S Pen Too Much Might—The Unintended Tax Consequences Of Innocent Apportionment Language, Heather R. Pruger
Maryland Law Review
No abstract provided.
Drafting Attorneys As Fiduciaries: Fashioning An Optimal Ethical Rule For Conflicts Of Interest, Paula A. Monopoli
Drafting Attorneys As Fiduciaries: Fashioning An Optimal Ethical Rule For Conflicts Of Interest, Paula A. Monopoli
Faculty Scholarship
The American Bar Association recently revised the ethical rules that govern lawyers. Its Ethics 2000 Commission proposed a number of changes to the Model Rules of Professional Conduct, including revisions to the rules that affect how the profession handles conflicts of interest in the area of attorneys who draft instruments that name themselves as fiduciaries. The intersection of these changes, with their subsequent clarification by an ABA opinion issued in May 2002, has broad implications for attorneys practicing in this area. Given the increasing elderly population, the trillions of dollars that they are transferring to their baby-boomer children, and the …
Fiduciary Duty: A New Ethical Paradigm For Lawyer/Fiduciaries, Paula A. Monopoli
Fiduciary Duty: A New Ethical Paradigm For Lawyer/Fiduciaries, Paula A. Monopoli
Faculty Scholarship
No abstract provided.
Living Trusts In The Unauthorized Practice Of Law: A Good Thing Gone Bad, Angela M. Vallario
Living Trusts In The Unauthorized Practice Of Law: A Good Thing Gone Bad, Angela M. Vallario
Maryland Law Review
No abstract provided.
The Limits Of Charity Fiduciary Law, Evelyn Brody
The Limits Of Charity Fiduciary Law, Evelyn Brody
Maryland Law Review
No abstract provided.
"Deadbeat Dads": Should Support And Inheritance Be Linked?, Paula A. Monopoli
"Deadbeat Dads": Should Support And Inheritance Be Linked?, Paula A. Monopoli
Faculty Scholarship
No abstract provided.
Estate Taxation Of Life Insurance Policies Held By The Insured As Trustee - Estate Of Skifter V. Commissioner
Maryland Law Review
No abstract provided.
Avoiding The Hybrid: Creating An Orthodox General Power Of Appointment In Maryland - Guiney V. United States
Maryland Law Review
No abstract provided.
Estate Tax Consequences Of Inter Vivos Transfers Of Stock In A Closely- Held Corporation, Alice A. Soled
Estate Tax Consequences Of Inter Vivos Transfers Of Stock In A Closely- Held Corporation, Alice A. Soled
Maryland Law Review
No abstract provided.
Evans V. Abney: Reverting To Segregation, David S. Bogen
Evans V. Abney: Reverting To Segregation, David S. Bogen
Faculty Scholarship
No abstract provided.
Evans V. Abney: Reverting To Segregation , David S. Bogen
Evans V. Abney: Reverting To Segregation , David S. Bogen
Maryland Law Review
No abstract provided.
Statutory Reform In The Administration Of Estates Of Maryland Decedents, Minors And Incompetents, Shale D. Stiller, Roger D. Redden
Statutory Reform In The Administration Of Estates Of Maryland Decedents, Minors And Incompetents, Shale D. Stiller, Roger D. Redden
Maryland Law Review
No abstract provided.
Estate Taxation Of Charitable Remainders Subject To Powers Of Diversion, Garrett Power
Estate Taxation Of Charitable Remainders Subject To Powers Of Diversion, Garrett Power
Maryland Law Review
No abstract provided.
Maryland Death Taxes, Charles G. Page
Substitution Of Judgment For Mentally Incompetent In Re Dupont - In Re Dupont, Stanley G. Mazaroff
Substitution Of Judgment For Mentally Incompetent In Re Dupont - In Re Dupont, Stanley G. Mazaroff
Maryland Law Review
No abstract provided.
Appeal By A Court Appointed Fiduciary From An Order Of Discharge - Hundley V. Hundley, Allen L. Schwait
Appeal By A Court Appointed Fiduciary From An Order Of Discharge - Hundley V. Hundley, Allen L. Schwait
Maryland Law Review
No abstract provided.
Estate Of Incompetent Liable For Torts Of Conservator - Filip V. Gagne, Jon Harlan Livezey
Estate Of Incompetent Liable For Torts Of Conservator - Filip V. Gagne, Jon Harlan Livezey
Maryland Law Review
No abstract provided.
Creation Of A Trust On Insurance Proceeds By The Use Of Precatory Expressions In A Testamentary Instrument - Waesche V. Rizzuto, Daniel F. Thomas
Creation Of A Trust On Insurance Proceeds By The Use Of Precatory Expressions In A Testamentary Instrument - Waesche V. Rizzuto, Daniel F. Thomas
Maryland Law Review
No abstract provided.
Survival As An Implied Condition In A Contingent Gift To A Class - The Demill Rule Revisited - Second Bank-State Street Trust Company V. Weston, Morton A. Sachs
Survival As An Implied Condition In A Contingent Gift To A Class - The Demill Rule Revisited - Second Bank-State Street Trust Company V. Weston, Morton A. Sachs
Maryland Law Review
No abstract provided.
The Cy Pres Doctrine Explored - Miller V. Mer.-Safe Dep. & Tr. Co., Alan M. Wilner
The Cy Pres Doctrine Explored - Miller V. Mer.-Safe Dep. & Tr. Co., Alan M. Wilner
Maryland Law Review
No abstract provided.
Distribution To "Issue" - Clarke V. Clarke, Jon F. Oster
Distribution To "Issue" - Clarke V. Clarke, Jon F. Oster
Maryland Law Review
No abstract provided.