Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Michigan Law School (892)
- Selected Works (317)
- Maurice A. Deane School of Law at Hofstra University (269)
- SelectedWorks (184)
- West Virginia University (175)
-
- University of Kentucky (156)
- University of Richmond (121)
- University of Washington School of Law (101)
- Maurer School of Law: Indiana University (100)
- University at Buffalo School of Law (97)
- Vanderbilt University Law School (87)
- Seattle University School of Law (83)
- University of Maryland Francis King Carey School of Law (78)
- Washington and Lee University School of Law (77)
- William & Mary Law School (55)
- Mercer University School of Law (52)
- The University of Akron (46)
- Golden Gate University School of Law (45)
- University of Baltimore Law (39)
- Cleveland State University (34)
- Pace University (31)
- University of Arkansas at Little Rock William H. Bowen School of Law (30)
- University of Georgia School of Law (30)
- Pepperdine University (28)
- UIC School of Law (27)
- University of Florida Levin College of Law (27)
- Villanova University Charles Widger School of Law (27)
- University of Colorado Law School (25)
- Chicago-Kent College of Law (23)
- University of Missouri School of Law (23)
- Keyword
-
- Wills (308)
- Trusts (281)
- Estate planning (185)
- Estates (183)
- Property (100)
-
- Probate (94)
- Inheritance (93)
- Estate tax (92)
- Uniform Probate Code (82)
- Intent (75)
- Will (72)
- Trust (63)
- Children (52)
- Probate law (51)
- Law reform (49)
- Estates and Trusts (47)
- Future interests (47)
- Perpetuities (46)
- Títulos Valores (46)
- Estate (45)
- Death (43)
- Gift tax (41)
- Gifts (41)
- Heirs (40)
- Beneficiaries (39)
- Intestacy (39)
- New York (39)
- Marriage (38)
- Taxation (38)
- Virginia (37)
- Publication
-
- Michigan Law Review (768)
- ACTEC Law Journal (267)
- West Virginia Law Review (174)
- Kentucky Law Journal (118)
- Martin Paolantonio (118)
-
- Articles (109)
- Buffalo Law Review (93)
- Washington Law Review (90)
- Indiana Law Journal (85)
- Seattle University Law Review (76)
- University of Richmond Law Review (70)
- Maryland Law Review (69)
- Faculty Scholarship (67)
- Vanderbilt Law Review (66)
- Washington and Lee Law Review (66)
- All Faculty Scholarship (55)
- Law Faculty Publications (52)
- Renzo E. Saavedra Velazco (49)
- Mercer Law Review (44)
- Faculty Publications (37)
- Ray D. Madoff (33)
- Elisabeth Haub School of Law Faculty Publications (28)
- Mark R Gillett (27)
- Villanova Law Review (27)
- Cleveland State Law Review (26)
- Jesse Carter Opinions (23)
- Samuel A. Donaldson (23)
- University of Arkansas at Little Rock Law Review (23)
- Thomas E. Simmons (22)
- Research Collection Yong Pung How School Of Law (21)
- Publication Type
Articles 31 - 60 of 3819
Full-Text Articles in Law
A Good Death: End-Of-Life Lawyering Through A Relational Autonomy Lens, Genevieve Mann
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, And Estates, Allison A. Tait, Hunter M. Glenn
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 …
Wills, Trusts, Guardianships, And Fiduciary Administration, Mary F. Radford
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
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
Immortal Longings: Perpetuity In Context, Lawrence M. Friedman
Buffalo Law Review
No abstract provided.
Table Of Contents, Seattle University Law Review
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
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
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 …
Incorporating Social Justice And Environmental Sustainability Into Estate Planning Through Conservation Easements, Trace Brooks
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
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
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
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
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
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
Heirs Property: An Examination Of Probate Costs And The Costs Of Postmortem Probate Inaction, Reid Kress Weisbord
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
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
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
Welcome Address, Lauren Mckenzie
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
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
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
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, …
The Calling Of The Counselor In Counseling Families, Part 2, Ronald D. Aucutt
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
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 …
The Islamisation Of The English Trust: The Hibah Trust In Malaysia, Hang Wu Tang
The Islamisation Of The English Trust: The Hibah Trust In Malaysia, Hang Wu Tang
Research Collection Yong Pung How School Of Law
Malaysia, being a former English colony, inherited a corpus of English law which includes equity and trusts. In recent times, major banks, financial institutions, and trust companies have reimagined the English trust in combination with Islamic law, by offering an innovation called the hibah trust. This instrument represents the Islamisation of the English trust concept where the Islamic idea of the hibah, an inter vivos gift and the English trust is combined as a wealth management offering to clients. This article explores how the hibah trust works, reasons why institutions may be offering this hybrid instrument, and potential challenges to …
“I’Ll Give You My Trust Assets, When You Pry Them From My Cold, Dead Hands”: The Supreme Court Of Georgia Clarifies That A Mere Challenge To A Trust’S Formation Will Not Trigger An In Terrorem Clause, Kiana Johnson
Mercer Law Review
Imagine a television infomercial wakes you up from your sleep. While refocusing your vision, you faintly hear the television say: “Are you a disgruntled beneficiary?” You think to yourself, “I’m not disgruntled, but I sure wish I could have more money.” You are slightly intrigued, so you crank up the volume on the television, and the infomercial emphatically states, “Do you believe you are entitled to ‘ill-gotten gains’?” You think to yourself, “I have no idea what ill-gotten gains are.” I just want ownership over the assets I —.”
Giller v. Slosberg, 359 Ga. App. 867, 858 S.E.2d 747 …
Until The Cows Come Home: Ancillary Probate Reform Is Needed Across The Country To Better Serve Farmers And Ranchers, Emily K. Daniel
Until The Cows Come Home: Ancillary Probate Reform Is Needed Across The Country To Better Serve Farmers And Ranchers, Emily K. Daniel
Texas A&M Journal of Property Law
Property law has long established a difference between real and personal property. When an individual dies, if they owned real property in another state, they may be subject to the other state’s probate or estates code. This means that the decedent’s beneficiaries may have to probate the estate again in the secondary state’s courts if the statutes state that is a requirement. This secondary probate proceeding is called ancillary probate. This Article aims to show the negative effects that ancillary probate has on certain people and industries. Specifically, ancillary probate is a problem that negatively affects farmers and ranchers across …