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Full-Text Articles in Law
Moving Forward By Looking Back: The Retroactive Application Of Obergefell, Lee-Ford Tritt
Moving Forward By Looking Back: The Retroactive Application Of Obergefell, Lee-Ford Tritt
UF Law Faculty Publications
The recent Supreme Court decision of Obergefell v. Hodges has forever altered American jurisprudence. Not only did this decision make same-sex marriage legal in all fifty states, but it also required states to recognize same-sex marriages from other states in accordance with the 14th Amendment. The Court’s holding in Obergefell raises a fundamental question with serious legal and financial significance: when exactly do these once unrecognized marriages legally begin? And to what extent must courts apply Obergefell retroactively? The stakes are high and substantive financial effects are pending on the answer to this question — for, with marriage, comes wide-ranging …
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
No abstract provided.
Toward Economic Analysis Of The Uniform Probate Code, Daniel B. Kelly
Toward Economic Analysis Of The Uniform Probate Code, Daniel B. Kelly
Daniel B Kelly
Insights from economics and the economic analysis of law may be useful in analyzing succession law, including intestacy and wills as well as nonprobate transfers such as trusts. After surveying prior works that have examined succession from a functional perspective, I explore the possibility of utilizing tools like (i) transaction costs, (ii) the ex ante/ex post distinction, and (iii) rules versus standards, to illuminate the design of the Uniform Probate Code. Specifically, I investigate how these tools, which legal scholars have employed widely in other contexts, may be relevant in understanding events like the nonprobate revolution and issues like “dead …
Law Of Wills, Browne C. Lewis
Law Of Wills, Browne C. Lewis
Law Faculty Books
This casebook is designed to train law students to think and act like probate attorneys. It is meant to be used in conjunction with the author's book The Law of Trusts. This book's focus is problem-solving and legal application. It includes numerous problems so law students can learn to apply the law they learn from reading the cases. It also contains collaborative learning exercises to encourage students to engage in group problem-solving. The book is divided into three parts to reflect the main types of issues that students will encounter if they practice probate law; its organization mirrors the …
Probate A To Z: Guiding You Through The Statutes, Rules, And Procedures (Click Sharkmedia Below For Video), Adam Scott Goldberg
Probate A To Z: Guiding You Through The Statutes, Rules, And Procedures (Click Sharkmedia Below For Video), Adam Scott Goldberg
NSU Law Seminar Series
- Learn about probate court statutes and rules of procedure in Florida
- Understand how Probate issues can impact other areas such as: real estate, family, and debt/creditor law.
- How to handle special challenges that arise in probate cases
- Discuss recent procedural changes in Miami-Dade & Broward Probate Court
Inheritance Rights Of Posthumously Conceived Children: A Plan For Nevada, Cassandra M. Ramey
Inheritance Rights Of Posthumously Conceived Children: A Plan For Nevada, Cassandra M. Ramey
Nevada Law Journal
No abstract provided.
Selective Issues In Effective Medicaid Estate Recovery Statutes, Raymond C. O'Brien
Selective Issues In Effective Medicaid Estate Recovery Statutes, Raymond C. O'Brien
Catholic University Law Review
Medicaid is a joint federal-state partnership program that provides medical care to the elderly, blind, and disabled poor. Unlike Medicare, Medicaid will pay for long-term care, leading millions of persons in need of such care to “spend-down” income or assets to qualify as sufficiently needy or poor. However, the state can eventually seek recovery of expenditures made through estate recovery programs following the death of both spouses. As it currently stands, states have no choice but to become increasingly vigilant in pursuing private funds in order to pay for Medicaid expenditures. As a result, elderly citizens and their families will …
Trial And Heirs: Antemortem Probate For The Changing American Family, Katherine M. Arango
Trial And Heirs: Antemortem Probate For The Changing American Family, Katherine M. Arango
Brooklyn Law Review
The notion of the traditional American family has changed due to complex family structures formed through remarriages, cohabitation, and same-sex couples. Freedom of disposition is a guiding principle of inheritance law, whereby society recognizes the value in protecting one’s ability to acquire and transfer personal property at death. However, intestacy statutes are antiquated and have failed to keep pace with the rise of the modern American family, thus leaving the right to freedom of disposition uncertain and vulnerable for a large population. A will is a way of opting out of intestacy, but given that a will is frequently the …
Probating Prince’S Estate: Who Will End Up With The Singer’S Substantial Intellectual Property?, J. Gordon Hylton
Probating Prince’S Estate: Who Will End Up With The Singer’S Substantial Intellectual Property?, J. Gordon Hylton
Cybaris®
No abstract provided.