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Articles 1 - 9 of 9
Full-Text Articles in Law
The New Simultaneous Death Act: Welcome Changes For Donative Transfers, J. Rodney Johnson
The New Simultaneous Death Act: Welcome Changes For Donative Transfers, J. Rodney Johnson
Law Faculty Publications
Professor Johnson compares the 1991 Uniform Simultaneous Death Act with its 1941 predecessor and finds the newer legislation a vast improvement, particularly ind dealing with deaths occurring within short intervals.
The Future Of Transfer Taxation: Repeal, Restructuring And Refinement, Or Replacement, John E. Donaldson
The Future Of Transfer Taxation: Repeal, Restructuring And Refinement, Or Replacement, John E. Donaldson
Faculty Publications
No abstract provided.
Mercy Killing And The Right To Inherit, Jeffrey G. Sherman
Mercy Killing And The Right To Inherit, Jeffrey G. Sherman
All Faculty Scholarship
No abstract provided.
Family Surrogate Laws: A Necessary Supplement To Living Wills And Durable Powers Of Attorney, 38 Vill. L. Rev. 103 (1993), Ardath A. Hamann
Family Surrogate Laws: A Necessary Supplement To Living Wills And Durable Powers Of Attorney, 38 Vill. L. Rev. 103 (1993), Ardath A. Hamann
UIC Law Open Access Faculty Scholarship
No abstract provided.
Will Substitutes Under The Revised Uniform Probate Code, Grayson M.P. Mccouch
Will Substitutes Under The Revised Uniform Probate Code, Grayson M.P. Mccouch
UF Law Faculty Publications
Recent years have witnessed a dramatic increase in probate avoidance. Revocable trusts, joint-and-survivor or pay-on-death (“POD”) bank accounts, transfer-on-death (“TOD”) security registrations and other will substitutes have proliferated and emerged as successful competitors of the probate system. In response to this “nonprobate revolution,” the drafters of the Uniform Probate Code (“UPC”) have begun to reconsider the scope and direction of probate reform. The 1989 and 1990 UPC revisions reflect a new emphasis on integrating the law of probate and nonprobate transfers.
Nevertheless, the nonprobate revolution remains incomplete. Although the revised UPC establishes uniform constructional rules for wills and will substitutes, …
Transfer Of Property By Inheritance And Bequest In Biblical Law And Tradition, Richard H. Hiers
Transfer Of Property By Inheritance And Bequest In Biblical Law And Tradition, Richard H. Hiers
UF Law Faculty Publications
In what follows, we first review briefly the kinds of property subject to transfer by inheritance or bequest. Next, we examine texts pertaining to intestate succession - that is, transfer of property by operation of law upon the death of the property holder without explicit provision by will or bequest as to who will inherit or take afterwards. As a summary expression, such transfers will be designated as "inheritance." In this context, we note the relevance of certain provisions regarding levirate marriage and the Year of Jubilee. We also consider the problematic nature of the so-called birthright practice in this …
A Primer On Kentucky Intestacy Laws, Carolyn S. Bratt
A Primer On Kentucky Intestacy Laws, Carolyn S. Bratt
Law Faculty Scholarly Articles
Some form of inheritance has existed since ancient times. The biblical story of Esau, who sold his birthright to his younger brother Jacob for a mess of potage, demonstrates the long-standing recognition of inheritance rights. Although the United States Constitution does not explicitly guarantee to the owner of property a right to transmit that property upon death to another person, the United States Supreme Court has held that a total abrogation of the right of inheritance without the payment of just compensation is unconstitutional.
Every state has a system of inheritance created by statute and by case law. State inheritance …
Spendthrift Trusts: It's Time To Codify The Compromise, Anne S. Emanuel
Spendthrift Trusts: It's Time To Codify The Compromise, Anne S. Emanuel
Faculty Publications By Year
No abstract provided.
Elder Law In The Nineties, Peter J. Strauss
Elder Law In The Nineties, Peter J. Strauss
Articles & Chapters
The need to reconsider estate planning, placing a greater emphasis on life planning, is the theme of Peter J Strauss's essay. He provides an overview of the status of the elderly in the United States and reminds the reader that the legal profession has not yet adequately addressed the needs of this segment of the population. The life planning components are discussed and corporations are urged to attend to such employee planning needs so as to enhance productivity at work and to improve the quality of their employees' lives.