Estates and Trusts Commons^™

Louisville’S Cj Ryan To Join Indiana Law In January, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

Adding to an already impressive list of new faculty, the Indiana University Maurer School of Law is pleased to announce CJ Ryan, of the University of Louisville Brandeis School of Law, will join the Law School for the start of the spring 2024 semester.

In addition to his role on the Brandeis faculty, Ryan is an affiliated scholar at the American Bar Foundation.

Confusing Cy Près, Christopher J. Ryan Jr.

Articles by Maurer Faculty

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 …

Zoning For Families, Sara C. Bronin

Indiana Law Journal

Is a group of eight unrelated adults and three children living together and sharing meals, household expenses, and responsibilities—and holding themselves out to the world to have long-term commitments to each other—a family? Not according to most zoning codes—including that of Hartford, Connecticut, where the preceding scenario presented itself a few years ago. Zoning, which is the local regulation of land use, almost always defines family, limiting those who may live in a dwelling unit to those who satisfy the zoning code’s definition. Often times, this definition is drafted in a way that excludes many modern living arrangements and preferences. …

Afterlife Of The Death Tax, Samuel D. Brunson

Indiana Law Journal

More than a century ago, Congress enacted the modern estate tax to help pay for World War I. Unlike previous iterations of the estate tax, though, this one outlived the war and accumulated additional goals beyond merely raising revenue. The estate tax helped ensure the progressivity of the tax system as a whole, and it limited the hereditary ability to accumulate wealth.

This modern estate tax almost instantly met with opposition, though. The opposition has never been sufficient to entirely eliminate the estate tax, but it has severely weakened its ability to raise revenue and to prevent the accumulation of …

Biologically Biased Beneficence, Jeffrey E. Stake

Articles by Maurer Faculty

No abstract provided.

An Empirical Assessment Of The Potential For Will Substitutes To Improve State Intestacy Statutes, Mary Louise Fellows, E Gary Spitko, Charles Q. Strohm

Indiana Law Journal

No abstract provided.

A Brief Comment On Trust Protectors, Jeffrey E. Stake

Articles by Maurer Faculty

No abstract provided.

Someday All This Will Be Yours: Inheritance, Adoption, And Obligation In Capitalist America, Hendrik Hartog

Indiana Law Journal

Harris Lecture, delivered to the faculty and students of Indiana University School of Law-Bloomington on April 7, 2003.

Also see: Hartog, Hendrik. Someday All This Will be Yours: A History of Inheritance and Old Age. Cambridge: Harvard University Press, 2012.

The Death Of The Income Tax (Or, The Rise Of America’S Universal Wage Tax), Edward J. Mccaffery

Indiana Law Journal

The killing of the income tax has not been open and notorious: such is not the style of contemporary politics. As with other markers of progressive social policy—the promises of universal health care, Obamacare, come to mind6—the income tax is dying a death by stealth, albeit stealth played out in plain view. The plot lines of the tragedy are apparent. The individual “income” tax has been split in two. One tax, for the masses, is a simple, increasingly formless wage tax. This wage/income tax adds higher brackets onto the payroll tax, the model toward which the wage/income tax aims, to …

Wills-Classes Of Legacies

Indiana Law Journal

No abstract provided.

The Caring Influence: Beyond Autonomy As The Foundation Of Undue Influence, Trent J. Thornley

Indiana Law Journal

No abstract provided.

Qualitative Theory Of The Dead Hand, Adam J. Hirsch, William K.S. Wang

Indiana Law Journal

No abstract provided.

Darwin, Donations, And The Illusion Of Dead Hand Control, Jeffrey E. Stake

Articles by Maurer Faculty

No abstract provided.

The Role Of The Family In Cadaveric Organ Procurement, Chad D. Naylor

Indiana Law Journal

No abstract provided.

Cy Pres: A Promise Unfulfilled, C. Ronald Chester

Indiana Law Journal

No abstract provided.

Spendthrift Trusts And Employee Pensions: The Problem Of Creditors' Rights, Jeffrey G. Sherman

Indiana Law Journal

No abstract provided.

The Abcd's Of Indiana Legitimation Law, Jonh E. Seddelmeyer

Indiana Law Journal

No abstract provided.

The Indiana Trust Code -- Application To Pre-Existing Trusts, T. Bryan Underwood

Articles by Maurer Faculty

No abstract provided.

Indiana Trust Code: When The Trust And Code Conflict, Nicholas L. White

Indiana Law Journal

No abstract provided.

Beneficiary's Code Remedy Against Converting Trustee And Bankruptcy Policy, R. Clifford Potter

Indiana Law Journal

Recent Developments

Federal Court Probate Proceedings, Ronald L. Chapman

Indiana Law Journal

No abstract provided.

Due Process Of Euthanasia: The Living Will, A Proposal, Luis Kutner

Indiana Law Journal

No abstract provided.

How To Avoid Problems With Your Will, By Robert A. Farmer; Probate Can Be Quick And Cheap, By William F. Fratcher, William W. Oliver

Indiana Law Journal

No abstract provided.

The Income Taxation Of Estate Distributions - A Need For Reform, Herman L. Trautman

Indiana Law Journal

No abstract provided.

The Uniform Probate Code: A Possible Answer To Probate Avoidance, Richard V. Wellman

Indiana Law Journal

No abstract provided.

The Doctrine Of Worthier Title In Arkansas, Morris S. Arnold

Articles by Maurer Faculty

No abstract provided.

The Spouse's Nonbarrable Share: A Solution In Search Of A Problem, Sheldon J. Plager

Articles by Maurer Faculty

No abstract provided.

Future Interests: Transmissibility Of Contingent Interests, Morris S. Arnold

Articles by Maurer Faculty

No abstract provided.

The Law And The Surviving Spouse: A Comparative Study, Richard W. Power

Indiana Law Journal

No abstract provided.

The Business Trust As An Organization For Practicing Law, Terrill D. Albright

Indiana Law Journal

No abstract provided.