Open Access. Powered by Scholars. Published by Universities.®
- Publication Type
Articles 1 - 5 of 5
Full-Text Articles in Law
Sperms And Estates: An Unadulterated Funtionally Based Approach To Parent-Child Property Succession, Lee-Ford Tritt
Sperms And Estates: An Unadulterated Funtionally Based Approach To Parent-Child Property Succession, Lee-Ford Tritt
Lee-ford Tritt
No abstract provided.
Kentucky's Doctrine Of Advancements: A Time For Reform, Carolyn S. Bratt
Kentucky's Doctrine Of Advancements: A Time For Reform, Carolyn S. Bratt
Law Faculty Scholarly Articles
The act of giving a gift is accomplished so easily that the legal consequences often escape the donor. Even when a donor stops to contemplate the legal significance of her or his act, a parental donor probably is unaware that a gift to a child may affect the child's inheritance rights in the parent's estate. Kentucky is among the minority of states which continue to presume that a parental gift is intended as an advancement to the child donee. Moreover, Kentucky is one of only two states which make the presumption irrebutable. The value of the gift is charged against …
Advancements: Iii, Harold I. Elbert
Advancements: Iii, Harold I. Elbert
Michigan Law Review
Many states have statutes which provide that support, maintenance and education of a child will not be considered an advancement unless the parent intended it as such. The Kentucky statute is typical and it reads in part as follows: " . . . the maintaining or educating or the giving of money, to a child or grandchild without any view to a portion or settlement in life, shall not be deemed an advancement." Most states do not have statutes of that type but by judicial decision reach a result that is in accord with the statutory provision just quoted.
Advancements: Ii, Harold I. Elbert
Advancements: Ii, Harold I. Elbert
Michigan Law Review
A voluntary inter vivos transfer by a parent to a child is not an advancement so long as the transferor lives. The purpose of the doctrine is to equalize an intestate' s property among his children. It is auxiliary to the distribution of his estate that the question of advancement is raised. The death of the transferor is not enough to give rise to the doctrine. The person seeking to charge the intestate's heirs with an advancement must prove several additional facts. The legislation of each state determines what must be proved in order to charge the transferee with an …
Trusts-Fiduciary's Duty Of Loyalty, Howard A. Jacobs
Trusts-Fiduciary's Duty Of Loyalty, Howard A. Jacobs
Michigan Law Review
Defendant and testator were partners. Upon the death of the testator leaving a widow and children, defendant was named executor under the will with power to manage, control or sell any of the property in the estate. The testator's children's share vested in defendant as trustee under the will. Thereafter, defendant formed a corporation to which he transferred the partnership property. Equal amounts of stock therein were issued to himself individually, and to himself in his fiduciary capacity for the widow and children; a number of shares were issued to a third party who had a contingent interest under the …