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Full-Text Articles in Estates and Trusts

Separation, Custody, And Estate Planning Issues Relating To Companion Animals, Rebecca J. Huss Jan 2003

Separation, Custody, And Estate Planning Issues Relating To Companion Animals, Rebecca J. Huss

Law Faculty Publications

This article first discusses the domestication of companion animals, including the impact of anthropomorphism and neoteny on how animals are viewed in U.S. society. Second, it reviews the current legal status of animals. Third, it considers the voluntary and involuntary separation of companion animals from their human families. Fourth, it examines custody issues in the context of the placement of animals after the divorce of the human family members. Finally, it analyzes estate planning issues relating to companion animals.


Illegitimate Children’S Rights In Probate Proceedings—In Re Estate Of James A. Palmer, Deceased, Robert A. Mcleod Jan 2003

Illegitimate Children’S Rights In Probate Proceedings—In Re Estate Of James A. Palmer, Deceased, Robert A. Mcleod

William Mitchell Law Review

The transfer of a person's assets after death has been an important element in the law beginning with the Magna Carta, and is firmly rooted in American jurisprudence. Defining children and heirs for probate purposes remains a difficult issue. In particular, the determination of children and heirs in an age when the birth of “illegitimate” children is common makes the proper and just determination of heirship a recurring and timely topic. The Minnesota Probate Code defines the term “child” and provides: “a person is the child of the person's parents regardless of the marital status of the parents and the …


University Of Richmond Law Review Jan 2001

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.


Planning For The Future: Using Child Support Trusts To Prepare Both Father And Child For Life After Professional Sports, Thomas C. Quinlen Jan 2000

Planning For The Future: Using Child Support Trusts To Prepare Both Father And Child For Life After Professional Sports, Thomas C. Quinlen

Vanderbilt Journal of Entertainment & Technology Law

The issue of professional athletes siring children out of wedlock was first thrust into the national conscience in an article in Sports Illustrated in May 1998. The SI piece was followed by several newspaper articles in various cities around the country, but like most hot news topics, it was quickly forgotten as the nation moved on to more pressing issues. This Note aims to revisit this issue with an eye towards practical and legal resolution of this pervasive problem, suggesting ways that lawyers and agents can establish child support trusts to represent their clients' interests and provide the best result …


Hukum Keluarga Adat Minangkabau : Satu Kajian Menurut Hukum Syara', Safrudin Halimy Kamaluddin Jan 2000

Hukum Keluarga Adat Minangkabau : Satu Kajian Menurut Hukum Syara', Safrudin Halimy Kamaluddin

Student Works (2000-2009)

This research is aimed at evaluating the family laws of Minangkabau tradition according to the perspective of Shari'ah, whether that adat law really contradicts the Islamic Law as there are some differences between the two laws. There are three aspects that will be the focus of this research. They are the matrilineal system, exogamy and bequeathing on]y to the side of matrilineal family. The evaluation of the problem will be carried out after having studied the adat law in depth and detail, including its history, philosophy, development and changes which have been taking place until today. The first thing that …


University Of Richmond Law Review Jan 1999

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.


The Islamic Family Endowment (Waqf), David S. Powers Jan 1999

The Islamic Family Endowment (Waqf), David S. Powers

Vanderbilt Journal of Transnational Law

As part of the larger Islamic inheritance system, endowment law accorded Muslim proprietors a legal means to circumvent the effects of the Islamic inheritance rules by allocating usufruct rights to specified people in specified amounts and to regulate the transmission of those rights from one generation of beneficiaries to the next. Over time, the institution appears to have contributed to the physical integrity of both urban and rural property. Whether or not it also contributed to the economic viability of the local economy is a subject that deserves further investigation." At the same time, the transformation of significant segments of …


Handling Claims For Minor And Disabled Plaintiffs: Coordinating All Aspects Of The Case, Oregon Law Institute, Elizabeth Welch, Robert P. Jones, Doug M. Fellows, Elden M. Rosenthal, Donna R. Meyer, Jack Meligan, Jane Paulson, Cynthia L. Barrett, Beth Gafur, Jude Mollgaard, Richard H. Mills, David Rollins Apr 1998

Handling Claims For Minor And Disabled Plaintiffs: Coordinating All Aspects Of The Case, Oregon Law Institute, Elizabeth Welch, Robert P. Jones, Doug M. Fellows, Elden M. Rosenthal, Donna R. Meyer, Jack Meligan, Jane Paulson, Cynthia L. Barrett, Beth Gafur, Jude Mollgaard, Richard H. Mills, David Rollins

Oregon Law Institute, 1998

Course Materials from the April 10, 1998 Program in Portland


The Morality Of Choice: Estate Planning And The Client Who Chooses Not To Choose, Janet L. Dolgin Jan 1998

The Morality Of Choice: Estate Planning And The Client Who Chooses Not To Choose, Janet L. Dolgin

Seattle University Law Review

The Symposium focuses around two hypotheticals. The question posed about each-whether it is ethical for an estate lawyer to represent spouses, one of whom chooses subservience to the interests of the other-provokes discussion of a broad set of concerns about the scope and meaning of the contemporary family, and about the appropriate parameters of legal representation of family members.


Representing Families Affected By Hiv/Aids: How The Proposed Federal Standby Guardianship Act Facilitates Future Planning In The Best Interests Of The Child And Family, Kelly C. Rozmus Jan 1998

Representing Families Affected By Hiv/Aids: How The Proposed Federal Standby Guardianship Act Facilitates Future Planning In The Best Interests Of The Child And Family, Kelly C. Rozmus

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Love Among The Ruins: The Ethics Of Counseling Happily Married Couples, Teresa Stanton Collett Jan 1998

Love Among The Ruins: The Ethics Of Counseling Happily Married Couples, Teresa Stanton Collett

Seattle University Law Review

This Article explores the professional tension experienced by lawyers when clients embrace an ideal of marriage as "the two shall become as one," in a legal system that has repudiated this understanding in favor of the "reality" of marriage as an association dedicated to the individual fulfillment of the man and woman involved. Part II describes the three purposes of estate planning that define the parameters of any proposed representation. Estate planning lawyers assist clients in minimizing taxes, directing gifts to particular beneficiaries, and insuring the continuing care of loved ones. The decision to accept or reject proposed representation often …


University Of Richmond Law Review Jan 1998

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.


Guardianships And Conservatorships, Oregon Law Institute, S. Jane Patterson, Mark M. Williams, Maggie Biondi, Carol J. Kyle, Jennifer L. Wright, Elizabeth Welch Oct 1997

Guardianships And Conservatorships, Oregon Law Institute, S. Jane Patterson, Mark M. Williams, Maggie Biondi, Carol J. Kyle, Jennifer L. Wright, Elizabeth Welch

Oregon Law Institute, 1997

Course Materials from the October 10, 1997 Program in Portland


Dissolution, Death, And Taxes, Oregon Law Institute, Kevin F. Kerstiens, Michael A. Yates, M. Chris Helmer, Janine C. Blatt, Thomas I. Kramer, Stephen O. Lane, Carol G. Westendorf, John H. Rosenfeld, Joshua Kadish, Penny H. Surrurier, Susan E. Teller May 1997

Dissolution, Death, And Taxes, Oregon Law Institute, Kevin F. Kerstiens, Michael A. Yates, M. Chris Helmer, Janine C. Blatt, Thomas I. Kramer, Stephen O. Lane, Carol G. Westendorf, John H. Rosenfeld, Joshua Kadish, Penny H. Surrurier, Susan E. Teller

Oregon Law Institute, 1997

Course Materials from the May 16, 1997 Program in Portland


University Of Richmond Law Review Jan 1997

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.


The Cost-Effective Divorce, Oregon Law Institute, Thomas I. Kramer, Wayne E. Harris, Herbert A. Trubo, Gary S. Levitt, Susan Howard Williams, Gary S. Leavitt, Mark M. Mcculloch, Richard G. Helzer, Jay Sickler, Kristena A. Lamar, Elizabeth Welch Jul 1996

The Cost-Effective Divorce, Oregon Law Institute, Thomas I. Kramer, Wayne E. Harris, Herbert A. Trubo, Gary S. Levitt, Susan Howard Williams, Gary S. Leavitt, Mark M. Mcculloch, Richard G. Helzer, Jay Sickler, Kristena A. Lamar, Elizabeth Welch

Oregon Law Institute, 1996

Course Materials from the July 26, 1996 Program in Portland


Flesh Of My Flesh But Not My Heir: Unintended Disinheritance, Laura M. Padilla Jan 1996

Flesh Of My Flesh But Not My Heir: Unintended Disinheritance, Laura M. Padilla

Faculty Scholarship

This article briefly explains how the laws of intestacy and adoption work together, providing background information on second parent adoptions. It then describes why these laws are inadequate for same sex partners who adopt each others' children. It is impractical to cover statutes throughout the United States, and because I seek legal reform in California, this article focuses on California statutes, with occasional reference to the Uniform Probate Code. However, the problems caused by California's statutes also arise in other states with similar statutes. Therefore, the issues raised in this article, as well as the solutions proposed, are relevant in …


University Of Richmond Law Review Jan 1995

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.


Family Surrogate Laws: A Necessary Supplement To Living Wills And Durable Powers Of Attorney, 38 Vill. L. Rev. 103 (1993), Ardath A. Hamann Jan 1993

Family Surrogate Laws: A Necessary Supplement To Living Wills And Durable Powers Of Attorney, 38 Vill. L. Rev. 103 (1993), Ardath A. Hamann

UIC Law Open Access Faculty Scholarship

No abstract provided.


Spousal Rights In Our Multiple-Marriage Society: The Revised Uniform Probate Code, Lawrence W. Waggoner Jan 1992

Spousal Rights In Our Multiple-Marriage Society: The Revised Uniform Probate Code, Lawrence W. Waggoner

Articles

The transformation of the American family constitutes one of the great phenomenons of the past two decades. The traditional Leave It to Beaver family no longer prevails in American society. To be sure, families consisting of the wage-earning husband, the homemaking and child-rearing wife, and their two joint children still exist. But divorce rates are astonishingly high and remarriage abounds. In fact, there is an increasing prevalence in the population of marriages that are more likely to end in divorce than others-marriages in which one or both partners were divorced before and marriages of couples who cohabited prior to marriage.


Marital Property Rights In Transition, Lawrence W. Waggoner Jan 1992

Marital Property Rights In Transition, Lawrence W. Waggoner

Articles

The subject of "marital property rights" is very timely because those rights are in a state of transition. The term "marital property rights" covers a vast multitude of rights or interests conferred by law on persons who occupy the status of spouse. This lecture is divided into four discrete, yet related segments. The first segment addresses how the law allocates original ownership between spouses in a marriage. The second segment turns to the intestate share of the surviving spouse. This is not a topic that high-powered estate planners get involved in very much because intestate estates are usually fairly small. …


Before Guardianship: Abuse Of Patient Rights Behind Closed Doors, Peter J. Strauss Jan 1992

Before Guardianship: Abuse Of Patient Rights Behind Closed Doors, Peter J. Strauss

Articles & Chapters

No abstract provided.


Legal Issues Confronting Families Affected By Hiv, 24 J. Marshall L. Rev. 543 (1991), James Monroe Smith Jan 1991

Legal Issues Confronting Families Affected By Hiv, 24 J. Marshall L. Rev. 543 (1991), James Monroe Smith

UIC Law Review

No abstract provided.


Your Hiv Positive Client: Easing The Burden On The Family Through Estate Planning, 24 J. Marshall L. Rev. 509 (1991), Emily Berendt, Laura Lynn Michaels Jan 1991

Your Hiv Positive Client: Easing The Burden On The Family Through Estate Planning, 24 J. Marshall L. Rev. 509 (1991), Emily Berendt, Laura Lynn Michaels

UIC Law Review

No abstract provided.


American Family Law In The Age Of Aids: An Annotated Bibliography, 24 J. Marshall L. Rev. 625 (1991), John R. Austin, Rebecca S. Trammell Jan 1991

American Family Law In The Age Of Aids: An Annotated Bibliography, 24 J. Marshall L. Rev. 625 (1991), John R. Austin, Rebecca S. Trammell

UIC Law Review

No abstract provided.


The Uniform Probate Code's "Augmented Estate" Concept: A Remedy For The North Carolina Dissent Statute, Charles H. Munn Jr. Apr 1990

The Uniform Probate Code's "Augmented Estate" Concept: A Remedy For The North Carolina Dissent Statute, Charles H. Munn Jr.

Campbell Law Review

This Comment will show that state statutes are not always effective. This Comment (1) discusses North Carolina's dissent statute, (2) shows the possible unfairness the North Carolina dissent statute may cause, and (3) argues why the Uniform Probate Code's "augmented estate" concept should be incorporated in North Carolina's dissent statute.


University Of Richmond Law Review Jan 1989

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.


University Of Richmond Law Review Jan 1988

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.


Redesigning The Spouse's Forced Share, John H. Langbein, Lawrence W. Waggoner Jan 1987

Redesigning The Spouse's Forced Share, John H. Langbein, Lawrence W. Waggoner

Articles

American forced-share law underwent a major round of reform in the 1960s. The main objective was to prevent the decedent from engaging in "fraud on the widow's share," that is, using nominal inter vivos transfers to evade the surviving spouse's forced-share entitlement. In jurisdictions that follow the Uniform Probate Code of 1969 (UPC), that mischief has been eradicated. The UPC, which is discussed in some detail below, extends the forced-share entitlement to property that has been the subject of inter vivos transfer. In the present article we develop the view that the time has come for a further round of …


The Incompetent Spouse's Election: A Pecuniary Approach, Susan P. Barnabeo Jun 1985

The Incompetent Spouse's Election: A Pecuniary Approach, Susan P. Barnabeo

University of Michigan Journal of Law Reform

Although many state legislatures have preserved the incompetent widow's right of election, these states have developed only general guidelines to govern such an election. These guidelines merely direct the court to act in the "best interests" of the incompetent widow. Courts of the various jurisdictions differ in their approach to determining the "best interests" of the incompetent. Most courts examine all surrounding circumstances regarding the incompetent widow's situation, such as the intent of both the wife prior to her incompetency and of the testator, and the adequacy of the will's provision for the incompetent widow. A minority of jurisdictions, however, …