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Estates and Trusts

1985

Articles 1 - 20 of 20

Full-Text Articles in Law

Reed V. Campbell, Individually And As Administrix Of The Estate Of Ricker, Lewis F. Powell Jr. Oct 1985

Reed V. Campbell, Individually And As Administrix Of The Estate Of Ricker, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Constitutionality Of Notice In Virginia Probate And Estate Administration Sep 1985

Constitutionality Of Notice In Virginia Probate And Estate Administration

Washington and Lee Law Review

No abstract provided.


Bacardi V. White, 463 So. 2d 218 (Fla. 1985), Deborah Meyer Ezatoff Jul 1985

Bacardi V. White, 463 So. 2d 218 (Fla. 1985), Deborah Meyer Ezatoff

Florida State University Law Review

Trusts-GARNISHMENT OF SPENDTHRIFT TRUSTS FOR THE ENFORCEMENT OF COURT-ORDERED ALIMONY OR CHILD SUPPORT: A PUBLIC POLICY DECISION


The Incompetent Spouse's Election: A Pecuniary Approach, Susan P. Barnabeo Jun 1985

The Incompetent Spouse's Election: A Pecuniary Approach, Susan P. Barnabeo

University of Michigan Journal of Law Reform

Although many state legislatures have preserved the incompetent widow's right of election, these states have developed only general guidelines to govern such an election. These guidelines merely direct the court to act in the "best interests" of the incompetent widow. Courts of the various jurisdictions differ in their approach to determining the "best interests" of the incompetent. Most courts examine all surrounding circumstances regarding the incompetent widow's situation, such as the intent of both the wife prior to her incompetency and of the testator, and the adequacy of the will's provision for the incompetent widow. A minority of jurisdictions, however, …


The Dead Hand And The Law Of Trusts In The Nineteenth Century, Gregory S. Alexander May 1985

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

Cornell Law Faculty Publications

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 …


Ix. Trusts And Estates Mar 1985

Ix. Trusts And Estates

Washington and Lee Law Review

No abstract provided.


Wills, Trusts And Estates (Annual Survey Of Virginia Law, 1984-85), J. Rodney Johnson Jan 1985

Wills, Trusts And Estates (Annual Survey Of Virginia Law, 1984-85), J. Rodney Johnson

Law Faculty Publications

The 1985 session of the General Assembly passed a number of bills dealing with wills, trusts, and estates, many of which resulted from the continuing law reform efforts of the Virginia Bar Association's Committee on Wills, Trusts and Estates. In addition to this legislation, the Virginia Supreme Court decided six cases during the past year that involved issues of interest to both the general practitioner and the specialist in wills and trusts. This article reviews all of these legislative and judicial developments. In order to facilitate the discussion of numerous code sections, they will be ref erred to in the …


Rights Of Creditors To Reach Assets Of A Revocable Trust After The Death Of The Grantor - The Missouri Approach, J. Rodney Johnson Jan 1985

Rights Of Creditors To Reach Assets Of A Revocable Trust After The Death Of The Grantor - The Missouri Approach, J. Rodney Johnson

Law Faculty Publications

The question whether creditors of a decedent's estate can reach the assets of an inter vivas trust is difficult. This article discusses the answers reached in various situations, and also a recent Missouri statute that allows the trustee to limit the time for creditors' claims.


Taxation Of Qualified Plan Distributions: History And Analysis, Christopher R. Hoyt Jan 1985

Taxation Of Qualified Plan Distributions: History And Analysis, Christopher R. Hoyt

Faculty Works

No abstract provided.


Erisa: Punitive Damages For Breach Of Fiduciary Duty, Deborah A. Geier Jan 1985

Erisa: Punitive Damages For Breach Of Fiduciary Duty, Deborah A. Geier

Law Faculty Articles and Essays

Fiduciary duty principles are central to the protection provided by the Employee Retirement Income Security Act (ERISA or Act). The law is unsettled, however, about whether Congress intended to extend punitive damages, a typical remedy for breach offiduciary duty under the common law, to the applicable ERISA provision. This Note argues that the plain meaning of the ERISA fiduciary duty provision, the legislative history underlying the purposes and policies of the Act, and the availability of punitive damages under analogous law, taken together, support the recovery of punitive damages for a breach of ERISA's fiduciary duty provision.


Disparate Tax Treatment Of Different Types Of Business Organizations: Where Should We Go From Here?, Douglas A. Kahn Jan 1985

Disparate Tax Treatment Of Different Types Of Business Organizations: Where Should We Go From Here?, Douglas A. Kahn

Articles

If several persons wish to join together in a common enterprise in order to pool their capital or labor or some of each, they may choose among a variety of available organizational structures that will serve that purpose. The most common entity forms are partnerships (including joint ventures), corporations, and trusts. While, in its typical structure, each of those entity forms has its own distinct characteristics, the structure of such organizations often is modified by agreement so as to adopt attributes of another type of entity. Because of this, the substantive distinction between entity types is blurred.


A Proposal For A Variation Of Trusts Statute In Washington, Julie A. Anderson Jan 1985

A Proposal For A Variation Of Trusts Statute In Washington, Julie A. Anderson

Seattle University Law Review

This Comment argues that similar legislation would be desirable in Washington. Even though the proposed statute would entail a substantial deviation from the common-law rule, the resulting benefits justify the change. This Comment also examines the retroactive application of variation of trusts statutes and concludes that a retroactive application is constitutional. A requirement that courts consent on behalf of the beneficiaries only when the variation benefits the beneficiaries in some manners sufficiently protects the beneficiaries' constitutional interests under the contract clause10 and the due process clause of the federal Constitution. Finally, this Comment proposes that a Washington variation of trusts …


The Influence Of The Uniform Probate Code In Nonadopting States, Roger W. Andersen Jan 1985

The Influence Of The Uniform Probate Code In Nonadopting States, Roger W. Andersen

Seattle University Law Review

In twenty-three states, legislative unwillingness to embrace the UPC as a whole has not precluded adoption of some of its provisions. As the first part of this Article indicates, the most common pattern is for a state to use the Code as a model to solve an isolated, but common, problem. Article II of the UPC, which covers intestacy and wills, is by far the most often copied article; the most often followed sections are those dealing with traditional troublespots, such as the effects of survival, adoption, and divorce. In contrast, among those UPC sections garnering the least attention are …


Annual Survey Of Virginia Law: Wills, Trusts, And Estates, J. Rodney Johnson Jan 1985

Annual Survey Of Virginia Law: Wills, Trusts, And Estates, J. Rodney Johnson

University of Richmond Law Review

The 1985 session of the General Assembly passed a number of bills dealing with wills, trusts, and estates, many of which resulted from the continuing law reform efforts of the Virginia Bar Association's Committee on Wills, Trusts and Estates. In addition to this legislation, the Virginia Supreme Court decided six cases during the past year that involved issues of interest to both the general practitioner and the specialist in wills and trusts. This article reviews all of these legislative and judicial developments. In order to facilitate the discussion of numerous code sections, they will be referred to in the text …


Kentucky Law Survey: Property, Carolyn S. Bratt Jan 1985

Kentucky Law Survey: Property, Carolyn S. Bratt

Law Faculty Scholarly Articles

Law students, and probably practitioners, are often perplexed by the multitude of topics covered under the rubric of property law. Unfortunately, this Survey article does nothing to dispel the impression of property law as a hodgepodge of unrelated topics. This Survey of recent decisions in Kentucky discusses topics ranging literally from "a" to "z"-adverse possession to zoning.


On Being Pleasant: Ethics In Estate Planning, Thomas L. Shaffer Jan 1985

On Being Pleasant: Ethics In Estate Planning, Thomas L. Shaffer

Journal Articles

The play “Harvey” teaches a valuable lesson on legal ethics through the character Elwood. Elwood teaches how being pleasant does more for a person than being smart. Legal ethics in estate planning is examined through three points of view: the reality of professional life in estate planning, the reality of client life in estate planning, and the reality of life in families that are affected by estate planning. In discussing each point of view, the Author uses the actions of Elwood to demonstrate and argue that professional ethics is not just a system for staying out of trouble, but is …


Perpetuities: A Perspective On Wait-And-See, Lawrence W. Waggoner Jan 1985

Perpetuities: A Perspective On Wait-And-See, Lawrence W. Waggoner

Articles

Professor Dukeminier and I agree on most of the important points concerning perpetuity law and perpetuity reform. We agree that the Rule Against Perpetuities still serves a socially useful function of limiting dead hand control, and should not be abolished. We also agree that the common law Rule is needlessly harsh and should be softened. Finally, we agree on the type of reform that is most desirable-waitand- see. Our only disagreeihent-concerns the best method of marking off the wait-and-see perpetuity pe]iqod-the period of time during which dispositions that would have been invalid under the common law Rule are to be …


A Rejoinder By Professor Waggoner, Lawrence W. Waggoner Jan 1985

A Rejoinder By Professor Waggoner, Lawrence W. Waggoner

Articles

Since the patience of the reader and the space in this issue of the Law Review are nearing their limits, I wish to publish only two points in response to what Professor Dukeminier has written.. These points further support my position that Dukeminier's proposed statute would lead almost anyone to conclude that A, not X, is the causal relationship measuring life in Example 1 of my article.1 By implication, these points, along with the others made in my article, corroborate my overall thesis: Professor Dukeminier's proposed one-sentence statute2 cannot be counted a responsible way of identifying the measuring lives for …


The Funding Of Children's Educational Costs, Douglas A. Kahn Jan 1985

The Funding Of Children's Educational Costs, Douglas A. Kahn

Articles

A plan for reduction of educational costs should take federal transfer taxes into account. The method chosen for reducing income tax liability usually will involve making gifts. To the extent that it is convenient to do so, the transfer tax consequences of making such gifts should be minimized. This article will examine the estate and gift tax consequences of the income tax reduction arrangements described herein and will consider means of structuring the transactions so as to minimize those consequences.


Trust Termination: Unborn, Living, And Dead Hands–Too Many Fingers In The Trust Pie, Gail Boreman Bird Jan 1985

Trust Termination: Unborn, Living, And Dead Hands–Too Many Fingers In The Trust Pie, Gail Boreman Bird

Faculty Scholarship

No abstract provided.