Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Seattle University School of Law (189)
- University of Michigan Law School (102)
- University of Richmond (16)
- West Virginia University (13)
- Pepperdine University (10)
-
- University of Baltimore Law (10)
- American University Washington College of Law (7)
- Washington and Lee University School of Law (7)
- The Catholic University of America, Columbus School of Law (6)
- University of Kentucky (6)
- Vanderbilt University Law School (6)
- Maurer School of Law: Indiana University (5)
- Roger Williams University (5)
- UIC School of Law (5)
- BLR (4)
- Lewis & Clark Law School (4)
- University of Maryland Francis King Carey School of Law (4)
- Brooklyn Law School (3)
- New York Law School (3)
- University at Buffalo School of Law (3)
- University of Arkansas, Fayetteville (3)
- University of Missouri-Kansas City School of Law (3)
- University of Washington School of Law (3)
- Valparaiso University (3)
- Cleveland State University (2)
- Nova Southeastern University (2)
- St. Mary's University (2)
- University of Florida Levin College of Law (2)
- University of Malaya (2)
- University of Oklahoma College of Law (2)
- Keyword
-
- Inheritance (25)
- Divorce (23)
- Marriage (18)
- Adoption (16)
- Wills (16)
-
- Estate planning (15)
- Law (13)
- Probate (12)
- Estates (11)
- Trusts (11)
- Property (10)
- Uniform Probate Code (10)
- Will (10)
- Children (9)
- Probate law (9)
- Heirs (8)
- Intestacy (8)
- Annual Survey of Virginia Law (7)
- Marital property (7)
- SFFA (7)
- Spouses (7)
- Trust (7)
- Affirmative Action (6)
- Alimony (6)
- Domestic Relations (6)
- ESG (6)
- Family law (6)
- Gift tax (6)
- Survivorship (6)
- Will contests (6)
- Publication Year
- Publication
-
- Seattle University Law Review (188)
- Michigan Law Review (92)
- University of Richmond Law Review (13)
- West Virginia Law Review (13)
- All Faculty Scholarship (9)
-
- Pepperdine Dispute Resolution Law Journal (7)
- Articles (6)
- Law Faculty Publications (6)
- Washington and Lee Law Review (6)
- ExpressO (4)
- Indiana Law Journal (4)
- Kentucky Law Journal (4)
- Roger Williams University Law Review (4)
- UIC Law Review (4)
- Vanderbilt Law Review (4)
- Faculty Works (3)
- Maryland Law Review (3)
- Pepperdine Law Review (3)
- University of Michigan Journal of Law Reform (3)
- Washington Law Review (3)
- American University Journal of Gender, Social Policy & the Law (2)
- American University Law Review (2)
- Arkansas Law Review (2)
- Articles & Chapters (2)
- Buffalo Law Review (2)
- Catholic University Journal of Law and Technology (2)
- Catholic University Law Review (2)
- Faculty Scholarship (2)
- Law Faculty Scholarly Articles (2)
- Michigan Legal Studies Series (2)
- Publication Type
Articles 301 - 330 of 460
Full-Text Articles in Estates and Trusts
Separation, Custody, And Estate Planning Issues Relating To Companion Animals, Rebecca J. Huss
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
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
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
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
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
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
The Islamic Family Endowment (Waqf), David S. Powers
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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.
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
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
University Of Richmond Law Review
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
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
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, …