Law Commons^™

Front Matter

ACTEC Law Journal

No abstract provided.

Marital Versus Nonmarital Entitlements, Raymond C. O'Brien

ACTEC Law Journal

The percentage of adult couples living in intimate nonmarital cohabitation continues to increase. The period of cohabitation is most often for a short period of time and entered into for several reasons. But for a small percentage of these and an increasing percentage of longer-term cohabitants, dissolution during life or at death often results in the unjust enrichment of one party. This Article examines methods of redress. In piecemeal fashion, a variety of states enforce nonmarital agreements, written and oral, during lifetime, while some enforce equitable remedies. Very few states enforce contract or equity remedies at death.

The paucity of …

Gifts In Contemplation Of Death: Why Can't Section 2035 Simply Die?, Stephanie J. Willbanks

ACTEC Law Journal

Income and wealth inequality has become a popular topic. There are a myriad of ways to reduce such inequality utilizing the tax system, either the income tax or the transfer taxes. Revitalizing the estate tax by reducing the exemption amount and adjusting the rate structure would reduce inequality. Much has been written about the viability of the estate tax and possible alternatives. This article does not revisit that analysis. Instead, it assumes that the estate tax will remain a viable component of the overall tax system. It analyzes one small segment of the estate tax – §2035 – and argues …

Going The Distance: How Increased Client Contact Can Benefit Clients And Their Attorneys, Ashleigh Gough

ACTEC Law Journal

No abstract provided.

Front Matter

ACTEC Law Journal

No abstract provided.

Trusts In Guardianship: Using "Family Freeze" Agreements To Resolve Disputes, Gerard G. Brew

ACTEC Law Journal

No abstract provided.

Estate Planning For Retirement Benefits After The Secure Act, Richard L. Kaplan

ACTEC Law Journal

This brief essay examines one of the most significant intersections of Elder Law and Trusts & Estates – namely, distributions from defined contribution retirement plans after the participant dies. Particular attention is paid to recently enacted statutory changes, including the end of so-called “stretch IRAs,” which allowed non-spouse beneficiaries to spread withdrawals from inherited retirement accounts over their lifetimes. This essay also addresses strategic considerations in designating beneficiaries for such accounts.

Medicaid Estate Recovery: Friend Or Foe?, Lisa M. Neeley

ACTEC Law Journal

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Covid-19 And Its Impact On America's Retirement System, David English

ACTEC Law Journal

No abstract provided.

Elder Law: Introduction, Alyssa A. Dirusso

ACTEC Law Journal

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Changing Demographics, Elder Law, And Trusts And Estates, Naomi Cahn

ACTEC Law Journal

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Rethinking The Estate Planning Curriculum, Jeffrey A. Cooper

ACTEC Law Journal

As a result of recent changes in Federal estate tax law, fewer and fewer clients need sophisticated estate tax planning. Many lawyers are thus spending less time acting as estate tax planners and instead deploying different skills and expertise.

In this brief article, I explore the extent to which law schools are rethinking their curricula as a result. The discussion proceeds in two parts. First, I discuss the curricular changes I have overseen at the law school at which I teach, setting out both the changes made and the assumptions underlying them. Second, relying on a brief survey of other …

Decanting Snts: Preserving Ssi Eligibility By Avoiding Early Termination Policy, Amy J. Fanzlaw

ACTEC Law Journal

No abstract provided.

Appropriate Housing For Older Clients, Lawrence A. Frolik

ACTEC Law Journal

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Et Tu Counselor? Fiduciary's Attorneys' Ethical Duty To The Vulnerable, Richard J. Goralewicz

ACTEC Law Journal

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Substituted Judgment - How Do You Prove What An Incapacitated Person Would Want?, Eric Virgil

ACTEC Law Journal

No abstract provided.

The Growth And Business Of Elder Law, Brian Andrew Tully

ACTEC Law Journal

No abstract provided.

A Safe Harbor In The Medicaid Adventure: Lady Bird And Transfer On Death Deeds, Gerry W. Beyer

ACTEC Law Journal

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Serving The Greater Good: Ethical Considerations In Representation Of The Older Population, Jeffrey L. Carson, Brook H. Lester

ACTEC Law Journal

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Medical And Legal Implications Of Impaired Financial Capacity In Aging And Dementia, Edmund W. Granski Jr., Milap A. Nowrangi

ACTEC Law Journal

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Drafting Under The Upoaa: Safeguarding Against Elder Financial Exploitation Without Compromising Autonomy, Jessica A. Liebau

ACTEC Law Journal

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Safeguarding A Will: Will Deposit Statutes, Alberto B. Lopez

ACTEC Law Journal

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Little Red Riding Hood Or The Wolf: How Far Can An Agent Reach Into Grandmother's Pocketbook?, Erica E. Lord

ACTEC Law Journal

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The Elimination Of Section 2035 In Relation To Powell And Cahill, Ronald P. Wargo

ACTEC Law Journal

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Deducting Family Office Investment Expenses After Lender, Robert Daily

ACTEC Law Journal

No abstract provided.

Marriage: The Surest Way To Entitlements, L. Victoria Meier

ACTEC Law Journal

No abstract provided.

Front Matter

ACTEC Law Journal

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Married Is As Married Does(?), William P. Lapiana

ACTEC Law Journal

No abstract provided.

What If Granny Wants To Gamble? Balancing Autonomy And Vulnerability In The Golden Years, Mary F. Radford

ACTEC Law Journal

No abstract provided.