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Articles 1 - 30 of 125
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 …
Confusing Cy Près, Christopher J. Ryan Jr.
Confusing Cy Près, Christopher J. Ryan Jr.
Georgia Law Review
American courts have increasingly considered the possibility of prolonging the life of charitable trusts through cy près and the closely related doctrine of equitable deviation. This requires courts to interpret the material purposes of trusts and even the administrative terms on which settlors of charitable trusts condition gifts in trust made for public benefit. Yet, the implicit reasons why courts might invoke cy près to change a charitable trust’s material purpose have not been explored in significant depth heretofore—and neither has a common but vexing trend of courts conflating cy près with deviation, which negatively impacts charitable trust-making.
I analyze …
Legal Qualification Of Non-Isolated Agency, Badr Hamid Al-Malla
Legal Qualification Of Non-Isolated Agency, Badr Hamid Al-Malla
UAEU Law Journal
In recent years, there was an increase in the process of selling real estates under irrevocable agency agreement in the state of Kuwait. This takes place due to easy dealing related to this issue and this made it common among transacting parties since it summarizes time taken by procedures of making sale agreements with dept of real estate registration, in addition to that this type of agreements ensures easiness sought by the buyer where the buyers existence is not required any more, the buyer under irrevocable agency can make all authenticated sale procedures alone on the basis of this agency …
Money That Costs Too Much: Regulating Financial Incentives, Kristen Underhill
Money That Costs Too Much: Regulating Financial Incentives, Kristen Underhill
Indiana Law Journal
Money may not corrupt. But should we worry if it corrodes? Legal scholars in a range of fields have expressed concern about “motivational crowding-out,” a process by which offering financial rewards for good behavior may undermine laudable social motivations, like professionalism or civic duty. Disquiet about the motivational impacts of incentives has now extended to health law, employment law, tax, torts, contracts, criminal law, property, and beyond. In some cases, the fear of crowding-out has inspired concrete opposition to innovative policies that marshal incentives to change individual behavior. But to date, our fears about crowding-out have been unfocused and amorphous; …
Sb 301 - Wills, Trusts, And Administration Of Estates, Morgan S. Ownbey, Paul M. Napolitano
Sb 301 - Wills, Trusts, And Administration Of Estates, Morgan S. Ownbey, Paul M. Napolitano
Georgia State University Law Review
The Act creates the “Revised Uniform Fiduciary Access to Digital Assets Act,” extends fiduciaries’ powers to include managing tangible property and digital assets, and provides conforming cross-references for a conservator.
Preface: Annual Survey 2017, Brian M. Melnyk
Preface: Annual Survey 2017, Brian M. Melnyk
University of Richmond Law Review
No abstract provided.
Wills, Trusts, And Estates, J. William Gray Jr., Katherine E. Ramsey
Wills, Trusts, And Estates, J. William Gray Jr., Katherine E. Ramsey
University of Richmond Law Review
The Supreme Court of Virginia has handed down seven recent
decisions addressing the authority of an agent to change the principal's
estate plan, legal malpractice claims in estate planning,
rights of incapacitated adults, limits of the constructive trust doctrine,
effects of a reversionary clause in a deed, ownership of an
engagement ring, and proof of undue influence. The 2017 Virginia
General Assembly clarified rules on legal malpractice and tenancies
by the entireties, adopted the Uniform Trust Decanting Act
and the Uniform Fiduciary Access to Digital Assets Act, and expanded
provisions governing estate administration, life insurance,
and advance medical directives. Other …
Arbitration In Wills And Trusts: From George Washington To An Uncertain Present, Edward F. Sherman
Arbitration In Wills And Trusts: From George Washington To An Uncertain Present, Edward F. Sherman
Arbitration Law Review
No abstract provided.
With All My Worldly Goods I Thee Endow: The Law And Statistics Of Dower And Curtesy In Arkansas, J. Cliff Mckinney
With All My Worldly Goods I Thee Endow: The Law And Statistics Of Dower And Curtesy In Arkansas, J. Cliff Mckinney
University of Arkansas at Little Rock Law Review
No abstract provided.
Arkansas’S Trust Code And Trust Planning: A Ten-Year Perspective, Lynn Foster
Arkansas’S Trust Code And Trust Planning: A Ten-Year Perspective, Lynn Foster
University of Arkansas at Little Rock Law Review
In 2001, the Uniform Law Commission adopted the Uniform Trust Code, which regulates certain aspects of trusts. One impetus for the trust code was the ever-increasing popularity of revocable trusts as part of standard estate planning packages. Another was the fact that few states—including Arkansas—had well-developed common law trust rules, let alone any statutory trust codes. In 2005, the Arkansas legislature enacted a slightly modified version of the Uniform Trust Code (UTC), titled the Arkansas Trust Code (ATC). At that time, the University of Arkansas at Little Rock Law Review published my article summarizing the most important features of the …
Property Law—Upending The Familiar Tools Of Estate Planning: Equity Renders Revocable Trusts Subject To The Arkansas Spousal Election. In Re Estate Of Thompson, 2014 Ark. 237, 434 S.W.3d 877., Lucy L. Holifield
University of Arkansas at Little Rock Law Review
No abstract provided.
Planned Parenthood: Adult Adoption And The Right Of Adoptees To Inherit, Richard C. Ausness
Planned Parenthood: Adult Adoption And The Right Of Adoptees To Inherit, Richard C. Ausness
ACTEC Law Journal
This Article is concerned with the effect of adult adoptions on the inheritance rights (in the broad sense of that term) of adult adoptees. The Article contends many adult adoption statutes assume the existence of a parent-child relationship in which the adopter is the "parent" and the adoptee is a "child" even though this is not true of all adult adoption cases. In addition, legislatures and courts frequently fail to differentiate between "quasi-familial" adoptions and "strategic" adoptions, particularly where inheritance rights are concerned.
Asset Preservation And The Evolving Role Of Trusts In The Twenty-First Century, Jay A. Soled, Mitchell M. Gans
Asset Preservation And The Evolving Role Of Trusts In The Twenty-First Century, Jay A. Soled, Mitchell M. Gans
Washington and Lee Law Review
For the vast majority of the twentieth century, trusts served two pivotal roles. The first was as a vehicle to help mitigate federal and state estate tax burdens, the rates of which could be quite significant. The second was to assist in asset preservation, safeguarding trust beneficiaries from their profligacy, former spouses, creditors, and the like.
At the start of the twenty-first century, Congress passed legislation that curtailed the impact of the federal estate tax, and many state legislatures have followed suit, either eliminating or significantly reducing their estate taxes. As a result of these legislative changes, trust instrument reliance …
New York’S Decanting Statute: Helping An Old Vintage Come To Life Or Spoiling The Settlor’S Fine Wine?, David Restrepo
New York’S Decanting Statute: Helping An Old Vintage Come To Life Or Spoiling The Settlor’S Fine Wine?, David Restrepo
Pace Law Review
The Comment examines trust decanting in four parts. Part I reviews the historical evolution of decanting statutes, first from common law roots, and later focusing on the legislative history of New York’s decanting statute. Part II briefly explains the functionality of section 10-6.6 of the NY EPTL; the “how does it work” explanation of the statute that authorizes decanting. Part III will discuss the many practical uses of the decanting statute. Finally, Part IV will transition into a discussion on how the trustee’s use of this statute not only leaves him in limbo regarding the tax treatment of his actions, …
Invading The Realm Of The Dead: Exploring The (Im)Propriety Of Punitive Damage Awards Against Estates, Emily Himes Iversen
Invading The Realm Of The Dead: Exploring The (Im)Propriety Of Punitive Damage Awards Against Estates, Emily Himes Iversen
University of Michigan Journal of Law Reform
Punitive damages are traditionally understood, at least in part, as damages designed to punish. It should therefore come as no surprise that, in the majority of states that have decided the issue, courts have chosen not to allow punitive damage awards against the estates of deceased tortfeasors. After all, the tortfeasor can no longer be punished (at least by tort awards). Nonetheless, punitive damages can also serve other purposes, such as deterrence. This Note argues that Michigan, a state which has not yet taken a stance, should adopt the minority position that allows punitive damages to be awarded against estates. …
The Digital Death Conundrum: How Federal And State Laws Prevent Fiduciaries From Managing Digital Property, James D. Lamm, Christina L. Kunz, Damien A. Riehl, Peter John Rademacher
The Digital Death Conundrum: How Federal And State Laws Prevent Fiduciaries From Managing Digital Property, James D. Lamm, Christina L. Kunz, Damien A. Riehl, Peter John Rademacher
University of Miami Law Review
No abstract provided.
Trusts And Estates: Implementing Freedom Of Disposition, Robert H. Sitkoff
Trusts And Estates: Implementing Freedom Of Disposition, Robert H. Sitkoff
Saint Louis University Law Journal
No abstract provided.
The Impact Of Uniform Laws On The Teaching Of Trusts And Estates, David M. English
The Impact Of Uniform Laws On The Teaching Of Trusts And Estates, David M. English
Saint Louis University Law Journal
No abstract provided.
Who Said Learning Trusts & Estates Can’T Be Fun?, Gerry W. Beyer
Who Said Learning Trusts & Estates Can’T Be Fun?, Gerry W. Beyer
Saint Louis University Law Journal
No abstract provided.
Contemporary Trusts And Estates—An Experiential Approach, Jerry Borison, Naomi R. Cahn, Susan N. Gary, Paula A. Monopoli
Contemporary Trusts And Estates—An Experiential Approach, Jerry Borison, Naomi R. Cahn, Susan N. Gary, Paula A. Monopoli
Saint Louis University Law Journal
No abstract provided.
Shakespeare In The Classroom: How An Annual Student Production Of King Lear Adds Dimension To Teaching Trusts And Estates, Karen E. Boxx
Shakespeare In The Classroom: How An Annual Student Production Of King Lear Adds Dimension To Teaching Trusts And Estates, Karen E. Boxx
Saint Louis University Law Journal
No abstract provided.
The White Whale: Bringing Emotion And Relevance To The Contemporary Trusts And Estates Course, Wayne M. Gazur
The White Whale: Bringing Emotion And Relevance To The Contemporary Trusts And Estates Course, Wayne M. Gazur
Saint Louis University Law Journal
No abstract provided.
Microlawyering And Simulations In Trusts And Estates Courses, Alyssa A. Dirusso
Microlawyering And Simulations In Trusts And Estates Courses, Alyssa A. Dirusso
Saint Louis University Law Journal
No abstract provided.
Trusts And Estates: Teaching Uniform Law, Thomas P. Gallanis
Trusts And Estates: Teaching Uniform Law, Thomas P. Gallanis
Saint Louis University Law Journal
No abstract provided.
Protecting Freedom Of Testation: A Proposal For Law Reform, Eike G. Hosemann
Protecting Freedom Of Testation: A Proposal For Law Reform, Eike G. Hosemann
University of Michigan Journal of Law Reform
This Article addresses a problem ever more pressing in wealthy and aging societies like the United States: interference with freedom of testation by the use of wrongful means such as undue influence or will forgery to acquire benefits through inheritance. A detailed analysis of the remedies against interference with freedom of testation under inheritance law, tort law, and equity reveals that there is currently a significant under-deterrence of this undesirable behavior. Hence, this Article proposes a new remedy in order to protect freedom of testation more effectively: a disinheritance statute barring wrongdoers that have infringed upon someone’s freedom of testation …
The South Carolina Probate Code Patched And Refurbished: Version 2013, S. Alan Medlin
The South Carolina Probate Code Patched And Refurbished: Version 2013, S. Alan Medlin
South Carolina Law Review
No abstract provided.
Incomplete Wills, Adam J. Hirsch
Incomplete Wills, Adam J. Hirsch
Michigan Law Review
This Article explores the problems that arise when a will fails to dispose of an individual's entire estate, so that she dies partially testate and partially intestate. The questions then raised include (1) whether provisions contained in the will purporting to redefine the individual's intestate heirs should supersede the statutory designations of those heirs, (2) whether inter vivos gifts to heirs should qualify as advancements on the inheritances of those heirs under conditions of partial intestacy, and, most broadly, (3) whether courts should fill in the incomplete portion of an individual's estate plan by extrapolating from the distributive preferences set …
Non-Judicial Estate Settlement, John H. Martin
Non-Judicial Estate Settlement, John H. Martin
University of Michigan Journal of Law Reform
Estate settlement through probate procedures satisfies no one. The public is hostile to the delay, expense, and lack of privacy that accompanies probate. Attorneys respond to public dissatisfaction by counseling probate avoidance. Legislatures facilitate some settlements by enacting simplified procedures for low-value estates. In large measure, the Uniform Probate Code (UPC) was a response to criticisms leveled at probate. Alternative settlement procedures are offered by the UPC, including informal testacy determinations and informal appointment procedures. These alternatives, however, remain imbedded in a judicial system, with it procedural rigidities. The UPC informal settlement alternatives did not silence the criticism. The continued …
Policy, Perspective, And The Proxy Will, Ralph C. Brashier
Policy, Perspective, And The Proxy Will, Ralph C. Brashier
South Carolina Law Review
No abstract provided.
Shattering And Moving Beyond The Gutenberg Paradigm: The Dawn Of The Electronic Will, Joseph Karl Grant
Shattering And Moving Beyond The Gutenberg Paradigm: The Dawn Of The Electronic Will, Joseph Karl Grant
University of Michigan Journal of Law Reform
Legislators in Nevada have already acted to modernize the law of wills. This Article advocates that other states follow their lead and depart from what is described as the "Gutenberg Paradigm" by adopting similar legislation and embracing electronic technology. Part One of this Article explores the history of print, Johann Gutenberg's role in this development, and the emergence of the "Gutenberg Paradigm." Part Two examines the history and policy underpinnings of will execution formalities, and the role of the "writing" requirement. Part Three explores the use of electronic wills as conforming and nonconforming testamentary instruments. More specifically, Part Three highlights …