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Full-Text Articles in Estates and Trusts
Conflict Of Laws-Public Policy Used To Apply Forum Law To Joint Bank Accounts Of Foreign-Domiciliaries Wyatt V. Fulrath, Michigan Law Review
Conflict Of Laws-Public Policy Used To Apply Forum Law To Joint Bank Accounts Of Foreign-Domiciliaries Wyatt V. Fulrath, Michigan Law Review
Michigan Law Review
The Duke and Duchess of Arion, nationals and domiciliaries of Spain, neither of whom had ever been to New York, deposited community property consisting of cash and securities in several New York banks. In establishing these accounts, the Duke and Duchess either expressly agreed in writing that the New York law of survivorship would apply to their accounts or signed standard bank survivorship forms which incorporated the survivorship laws of that state. After her husband's death, the Duchess made the entire amount on deposit in New York subject to her will. Following the Duchess' death and during probate of her …
Apportionment Of The Federal State Tax In The Absence Of Statute Or An Expression Of Intention, William P. Sutter
Apportionment Of The Federal State Tax In The Absence Of Statute Or An Expression Of Intention, William P. Sutter
Michigan Law Review
Federal law now provides in sections 826 (c) and (d) of the Internal Revenue Code that life insurance and property transferred by appointment shall bear their proportionate tax burden. It does not contain similar provisions with respect to other types of non-probate property. At the present time, twenty states provide by statute for some sort of apportionment of estate taxes. Two states have statutes restricting apportionment in some degree. In the rest, the matter rests in the discretion of the courts. I propose to discuss in this article the situation in those areas where no statutory guidance exists.
Conflict Of Laws - Inter Vivos Trust-Administration In State Other Than State Where Created
Conflict Of Laws - Inter Vivos Trust-Administration In State Other Than State Where Created
Michigan Law Review
Under an antenuptial agreement executed in Quebec, P made D the beneficiary of a $125,000 trust fund. Later, in consideration for renouncing her interest in this trust fund, D was made the beneficiary of a $1,000,000 trust, under an instrument executed in Quebec at the settlor's domicil, but with a New York trustee, the trust to be administered in New York where a substantial portion of the res was located at the time of settlement. Under the local law of Quebec such modification of the antenuptial agreement was invalid; under the local law of New York it was valid. When …