Law Commons^™

Case Law On American Indians: October 2022 - August 2023, Thomas P. Schlosser

American Indian Law Journal

No abstract provided.

A New Cobell: The Need For A Continued Buy-Back Program, Liam C. Conrad

American Indian Law Journal

The General Allotment Act of 1887 divided Indian reservations into smaller plots for the supposed benefit of individual Indians. Today, these allotments are severely fractionated, with some 160-acre plots having as many as a thousand owners. Since allotment, Congress has repeatedly attempted to solve this problem. However, only the Cobell Land Buy-Back Program has made any sizeable impact on fractionation levels. This paper examines the fractionation problem and the Cobell Program. Now that the Cobell Program has ended in November 2022, this paper argues that Congress must quickly reauthorize a similar program or fractionation will soon exceed pre-Cobell levels.

Wills, Trusts, And Estates, Allison A. Tait, Hunter M. Glenn

University of Richmond Law Review

This year’s legislative and judicial activity surrounding wills, trusts, and estates did not bring any radical shifts in the law, but rather expansions and clarifications. In the legislative realm, the bulk of the activity centered on expanding protections for parties under guardianship, with a sensitivity to safeguarding vulnerable parties from neglect or even predation. The new rules aim to increase transparency in process, preserve confidential financial information, and ensure minimums of care and contact. The rules affect these goals by providing for more transparency through notice requirements as well as required written filings. Moreover, they protect parties under guardianship by …

A Good Death: End-Of-Life Lawyering Through A Relational Autonomy Lens, Genevieve Mann

Washington Law Review

Death is difficult—even for lawyers who counsel clients on end-of-life planning. The predominant approach to counseling clients about death relies too heavily on traditional notions of personal autonomy and a nearly impenetrable right to be free from interference by others. Rooted in these notions, contracts called “advance directives” emerged as the primary tool for choosing one’s final destiny. Nevertheless, advance directives are underutilized and ineffective because many people are mired in death anxiety, indecision, and the weight of planning for a hypothetical illness. In the end, many do not get the death they choose: to trust in others and share …

Wills, Trusts, Guardianships, And Fiduciary Administration, Mary F. Radford

Mercer Law Review

This Survey Article discusses significant cases decided by the Georgia appellate courts during the period of June 1, 2022 through May 31, 2023, and significant Georgia legislation enacted in that same period that relate to Georgia probate and trust law, guardianship, and estate planning. Two of the cases described herein, Slosberg v. Giller and Hall v. Davis Lawn Services, Inc., are decisions of the Supreme Court of Georgia. Effective July 1, 2017, the Georgia General Assembly enacted O.C.G.A. § 15-3-3.1, which provides that the Georgia Court of Appeals has appellate jurisdiction over cases relating to wills and trusts. However, …

Trusts And Estates Attorney Panel And Networking Reception, Cardozo Trusts And Estates Law Society

Flyers 2023-2024

No abstract provided.

Immortal Longings: Perpetuity In Context, Lawrence M. Friedman

Buffalo Law Review

No abstract provided.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Integrating Doctrine And Diversity Speaker Series: How Does Diversity, Equity, Inclusion And Belonging Pedagogy Fit In Business Issues And Financial Affairs Classes? Leading With Deib In Wills, Trusts, Estates, Insurance, Contracts, And Taxation Law Classes, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Matter Of Will Of Ratcliff And The Not-So-Harmless Error: A Call To Change Mississippi’S Approach To Will Formalities, Kelsi Baldwin

Mississippi College Law Review

A will provides a mechanism to dispose of property at death. But costly litigation—or worse, a will’s invalidation—often thwart this purpose. The law of probate is state-specific, which leaves jurisdictions with the burden of ensuring that their laws promote rather than defeat the purpose of probate—to honor the testator’s intent. Mississippi attempts to recognize this purpose by requiring strict compliance with the statutory requirements for creating a will. This “better safe than sorry” approach errs on the side of invalidity with the hope that denying a non-compliant instrument for probate will prevent fraud and other wrongdoing.

Despite its intention, Mississippi’s …

How Gender And Other Identity Factors Influence Attitudes Toward Will Making: Lessons From Australia, Bridget J. Crawford, Tina Cockburn, Kelly Purser, Ho Fai Chan, Stephen Whyte, Uwe Dulleck

Elisabeth Haub School of Law Faculty Publications

This essay aims to stimulate interest in further empirical study of attitudes toward will making by reporting the results of a 2022 survey conducted in Australia of the general population (n=1202) and legal professionals (n=112). We asked participants for their views about the ideal age at which to begin the will-making process and the relative contributions of the client and attorney to any resulting will. There was a discernible gender-based difference in views on both questions. Women preferred to initiate those conversations approximately six years earlier than men did and, especially at earlier life stages, preferred less professional input into …

Front Matter

ACTEC Law Journal

No abstract provided.

Incorporating Social Justice And Environmental Sustainability Into Estate Planning Through Conservation Easements, Trace Brooks

ACTEC Law Journal

As climate change and social inequalities become increasingly pressing issues, estate planning has emerged as a powerful tool for promoting both social justice and environmental sustainability. This article explores the intersection of estate planning, private land conservation, social justice, and environmental sustainability.

Marvin Claims At Death, Patricia A. Cain

ACTEC Law Journal

In 1976, the California Supreme Court handed down its decision in Marvin v. Marvin, recognizing the enforcement of contract and equitable claims that could be asserted when an unmarried partnership was dissolved. Most states have followed the basic holding in Marvin, although important differences in state law have developed over time. Recently, the Uniform Law Commission has approved a uniform act dealing with these issues, the Uniform Cohabitants' Economic Remedies Act (UCERA). This essay will focus, instead, on claims to Marvin rights that are asserted after the death of one partner, typically in probate court.

How Gender And Other Identity Factors Influence Attitudes Toward Will Making: Lessons From Australia, Bridget J. Crawford, Tina Cockburn, Kelly Purser, Ho Fai Chan, Stephen Whyte, Uwe Dulleck

ACTEC Law Journal

This essay aims to stimulate interest in further empirical study of attitudes toward will making by reporting the results of a 2022 survey conducted in Australia of the general population (n=1202) and legal professionals (n=112). We asked participants for their views about the ideal age at which to begin the will-making process and the relative contributions of the client and attorney to any resulting will. There was a discernible gender-based difference in views on both questions. Women preferred to initiate those conversations approximately six years earlier than men did and, especially at earlier life stages, preferred less professional input into …

A Critical Analysis Of The Law Of Death, Marriage, And Wealth, Alyssa A. Dirusso

ACTEC Law Journal

No abstract provided.

Is Estate Planning Ethical In An Increasingly Inequitable World?, Harry S. Margolis

ACTEC Law Journal

No abstract provided.

When Twilight Becomes Darkness: Capacity Issues In Connection With Revocable Trusts, Sergio Pareja

ACTEC Law Journal

No abstract provided.

The Haunting Of Wealth Law, Allison Tait

ACTEC Law Journal

No abstract provided.

Heirs Property: An Examination Of Probate Costs And The Costs Of Postmortem Probate Inaction, Reid Kress Weisbord

ACTEC Law Journal

“Heirs property” describes a legal limbo that occurs when multiple heirs or will beneficiaries inherit real property as tenants-in-common without promptly probating the estate to transfer marketable title out of the decedent’s name. This Article draws on recent empirical research to examine the demography of heirs property. It then takes a closer look at the adverse economic impact of postmortem probate inaction by and upon the decedent’s inheritors.

A Risk Greater Than The Sports Bet Itself: Death Before Collection Of Winnings, Allyson Sieck

UNLV Gaming Law Journal

No abstract provided.

Louisville’S Cj Ryan To Join Indiana Law In January, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

Adding to an already impressive list of new faculty, the Indiana University Maurer School of Law is pleased to announce CJ Ryan, of the University of Louisville Brandeis School of Law, will join the Law School for the start of the spring 2024 semester.

In addition to his role on the Brandeis faculty, Ryan is an affiliated scholar at the American Bar Foundation.

Welcome Address, Lauren Mckenzie

DePaul Business & Commercial Law Journal

No abstract provided.

Front Matter

DePaul Business & Commercial Law Journal

No abstract provided.

A Behavioral Economics Analysis Of Will Making Preferences: When To Begin And Who Should Have The Most Input, Bridget J. Crawford, Tina Cockburn, Kelly Purser, Ho Fai Chan, Uwe Dulleck

Elisabeth Haub School of Law Faculty Publications

The global COVID-19 pandemic has highlighted the need to plan for death, including the transmission of property through a valid will. Surprisingly little is known, however, about when people tend to make wills, how they go about doing so, and whether those practices vary from jurisdiction to jurisdiction. To begin building a foundation of knowledge, a research team comprised of United States and Australian lawyers and economists recently conducted the first-ever behavioral economics empirical study exploring these questions. This Article reports the results of the team's survey of both members of the Australian general public and estate planning lawyers in …

The Problem Of Charitable Trust Enforcement: Addressing The Insufficiencies Of The Attorney General System And Proposing New Reform, Morgan Wahler

ACTEC Law Journal

No abstract provided.

An Historical And Empirical Analysis Of The Cyprès Doctrine, Christopher J. Ryan

ACTEC Law Journal

Cy près is a pivotal doctrine in estate law and indeed American jurisprudence. It places courts in the shoes of settlors of charitable trusts to discern not only their original intent but also affords the possibility of continuing the material purpose for which settlors created enduring legacies of philanthropy benefitting society. For this reason, it may well be that no other legal doctrine is as closely tied to the interests of the individual and the collective as cy près. And my first-of-its kind study puts the cy-près doctrine front and center, while providing three major contributions to the field. First, …

Front Matter

ACTEC Law Journal

No abstract provided.

The Calling Of The Counselor In Counseling Families, Part 2, Ronald D. Aucutt

ACTEC Law Journal

No abstract provided.

Proposing A Model Antilapse Clause, Raymond C. O'Brien

ACTEC Law Journal

The complexity of state antilapse statutes exacerbates the task of many estate planners seeking to give prudent expression to the postmortem wishes of a client. These statutes vary as to which predeceasing beneficiaries they should apply, who should be the substitute takers to benefit instead of these lapsed beneficiaries, and how to treat beneficiaries who are treated as predeceasing because of renunciation agreements, final decrees of divorce, or, when the beneficiary kills, exploits, or abuses the one from whom the beneficiary would take. Within the modern statutory framework, there exists an abundant array of testamentary devices by which a transferor …