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Articles 181 - 203 of 203

Full-Text Articles in Estates and Trusts

Table Of Contents Jan 2022

Table Of Contents

Seattle University Law Review

Table of Contents


Table Of Contents, Seattle University Law Review Jan 2021

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents


Enough Is As Good As A Feast, Noah C. Chauvin Oct 2020

Enough Is As Good As A Feast, Noah C. Chauvin

Seattle University Law Review

Ipse Dixit, the podcast on legal scholarship, provides a valuable service to the legal community and particularly to the legal academy. The podcast’s hosts skillfully interview guests about their legal and law-related scholarship, helping those guests communicate their ideas clearly and concisely. In this review essay, I argue that Ipse Dixit has made a major contribution to legal scholarship by demonstrating in its interview episodes that law review articles are neither the only nor the best way of communicating scholarly ideas. This contribution should be considered “scholarship,” because one of the primary goals of scholarship is to communicate new ideas.


Table Of Contents, Seattle University Law Review Sep 2020

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents


In Memory Of Professor James E. Bond, Janet Ainsworth Jan 2020

In Memory Of Professor James E. Bond, Janet Ainsworth

Seattle University Law Review

Janet Ainsworth, Professor of Law at Seattle University School of Law: In Memory of Professor James E. Bond.


Table Of Contents, Seattle University Law Review Jan 2020

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents


Table Of Contents, Seattle University Law Review Sep 2019

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


Table Of Contents, Seattle University Law Review Feb 2019

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


Ahead Of The Curve: Promoting Land Tenure Security In Sub-Saharan Africa To Protect The Environment, Andrew R. Falk Feb 2016

Ahead Of The Curve: Promoting Land Tenure Security In Sub-Saharan Africa To Protect The Environment, Andrew R. Falk

Seattle Journal for Social Justice

No abstract provided.


Intestacy Concerns For Same-Sex Couples: How Variations In State Law And Policy Affect Testamentary Wishes, Megan Moser Jul 2015

Intestacy Concerns For Same-Sex Couples: How Variations In State Law And Policy Affect Testamentary Wishes, Megan Moser

Seattle University Law Review

As the number of same-sex couples increases in the United States, concerns regarding the evolution of federal and state law, with respect to rights for same-sex couples, also continue to rise. As marriage is not always available to same-sex couples, they often face very different legal issues than couples in a traditional marriage. Because marriage is typically not a legal cause of action, the question of a marriage’s validity often arises incidentally to another legal question, such as the disposition of a decedent’s estate.


The Right To Publicity After Death: Postmortem Personality Rights In The Wake Of Experiencehendrix V. Hendrixlicensing.Com, Aubrie Hicks Oct 2012

The Right To Publicity After Death: Postmortem Personality Rights In The Wake Of Experiencehendrix V. Hendrixlicensing.Com, Aubrie Hicks

Seattle University Law Review

While the states are fairly consistent in protecting the rights of living individuals, the level of protection for deceased celebrities varies among the states. Some states allow the right to extend beyond death, while others refuse to recognize a postmortem right of publicity. Even among states that do recognize a postmortem right of publicity, the right is protected to varying degrees, with some states providing explicit statutory protections and others providing only common law protections. Given the inconsistencies among the states, the continuing right to publicity after death has been the subject of much litigation over the last few years, …


The Restricted Gift Lifecycle, Or, What Comes Around Goes Around, John K. Eason Jan 2007

The Restricted Gift Lifecycle, Or, What Comes Around Goes Around, John K. Eason

Faculty Articles

The conflict regarding enduring donor control over property gifted for charitable uses implicates issues of current relevance to donors and nonprofit charitable organizations, and to those who represent them. Not surprisingly, these issues, and the possible ways of both addressing and accounting for their resolution, vary by circumstance. In this Article, I frame the issues and explore the relevant circumstances by reference to the particular stage in the lifecycle of a donor's restricted gift at which conflict might arise. That lifecycle spans the time from initial negotiation of the gift to its potential modification or termination due to unanticipated circumstances. …


Policy, Logic, And Persuasion In The Evolving Realm Of Trust Asset Protection, John K. Eason Jan 2006

Policy, Logic, And Persuasion In The Evolving Realm Of Trust Asset Protection, John K. Eason

Faculty Articles

The concept of using legal structures to protect property from those who might otherwise have some claim to it is an idea with deep roots. The trust device is one such legal structure, and its evolution as an asset protection device has not been without controversy. The recent and noticeable break with the traditional denial of self-settled trust protections is one such area of modern controversy, but not the only notable recent development. The self-setted asset protection trust movement is accompanied by the recent completion of two major law reform projects. The drafting and recommendation for state adoption of a …


Dynamic Conservation Easements: Facing The Problem Of Perpetuity In Land Conservation, Duncan M. Greene Jan 2005

Dynamic Conservation Easements: Facing The Problem Of Perpetuity In Land Conservation, Duncan M. Greene

Seattle University Law Review

Compared to traditional, static conservation easements, dynamic conservation easements capable of accommodating change over time are better suited to serving their unique conservation purposes. As a result, they are more likely to fulfill their promise to protect the land in perpetuity. For the purposes of this Comment, a "static conservation easement" is an easement whose terms provide unchanging land use restrictions. By contrast, a "dynamic conservation easement" is one whose terms provide land use restrictions that may change over time. Part II of the article provides a primer on land trusts and their use of conservation easements and discusses problems …


The Afterlife Of The Meretricious Relationship Doctrine: Applying The Doctrine Post Mortem, John E. Wallace Jan 2005

The Afterlife Of The Meretricious Relationship Doctrine: Applying The Doctrine Post Mortem, John E. Wallace

Seattle University Law Review

The meretricious relationship doctrine has received increased attention in recent years largely due to its application to same-sex couples' and the national debate on same-sex marriage. However, the importance of the doctrine, applicable also to heterosexual couples, extends beyond this recent focus. The number of unmarried, committed persons cohabitating has been increasing rapidly. Over eleven million people reported being unmarried but living with a partner in 2000, an increase of seventy-two percent since 1990. As the number of unmarried persons cohabitating increases, so will the importance of the doctrine. The meretricious relationship doctrine is a judicially-created equitable doctrine that allows …


The Ethical Responsibilities Of Estate Planning Attorneys In The Representation Of Non-Traditional Couples, Jennifer Tulin Mcgrath Jan 2003

The Ethical Responsibilities Of Estate Planning Attorneys In The Representation Of Non-Traditional Couples, Jennifer Tulin Mcgrath

Seattle University Law Review

This Article examines an estate planning attorney's ethical responsibilities when representing one type of non-traditional family: a non-traditional couple. Currently, there are four recognized ethical theories regarding the legal representation of individuals: individual representation; joint representation; intermediary representation; and family representation. This Article explores each of these ethical theories in connection with the representation of traditional couples. These ethical theories are then applied to the representation of nontraditional couples. Although any one of these ethical models may be utilized, this Article concludes that a modified version of family representation provides the estate planning attorney with the most appropriate ethical standard …


Developing The Asset Protection Dynamic: A Legacy Of Federal Concern, John K. Eason Jan 2002

Developing The Asset Protection Dynamic: A Legacy Of Federal Concern, John K. Eason

Faculty Articles

This article analyzes and critiques the modern asset protection environment, drawing from various paradigms of influence. Particularly, the article considers federal influence over asset protection—proposing that such federal factors need to be investigated with a critical eye in order to comprehensively understand asset protection issues in the modern landscape.


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.


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 …


Legislative Lapses: Some Suggestions For Probate Code Reform In Washington, Mark Reutlinger Jan 1987

Legislative Lapses: Some Suggestions For Probate Code Reform In Washington, Mark Reutlinger

Seattle University Law Review

This Article points out a number of lapses in the law of wills in Washington, which were encountered in the course of research for a treatise on that subject, and suggests possible ways to reconcile or eliminate them. Because that research was probably the first attempt in some time to look at the entire law of wills in Washington as a unified whole, it afforded the first opportunity in many years to discover and consider some of the more obscure (as well as the more obvious) lapses in the law. In addition, the Article will discuss areas of the law …


A Proposal For A Variation Of Trusts Statute In Washington, Julie A. Anderson Jan 1985

A Proposal For A Variation Of Trusts Statute In Washington, Julie A. Anderson

Seattle University Law Review

This Comment argues that similar legislation would be desirable in Washington. Even though the proposed statute would entail a substantial deviation from the common-law rule, the resulting benefits justify the change. This Comment also examines the retroactive application of variation of trusts statutes and concludes that a retroactive application is constitutional. A requirement that courts consent on behalf of the beneficiaries only when the variation benefits the beneficiaries in some manners sufficiently protects the beneficiaries' constitutional interests under the contract clause10 and the due process clause of the federal Constitution. Finally, this Comment proposes that a Washington variation of trusts …


The Influence Of The Uniform Probate Code In Nonadopting States, Roger W. Andersen Jan 1985

The Influence Of The Uniform Probate Code In Nonadopting States, Roger W. Andersen

Seattle University Law Review

In twenty-three states, legislative unwillingness to embrace the UPC as a whole has not precluded adoption of some of its provisions. As the first part of this Article indicates, the most common pattern is for a state to use the Code as a model to solve an isolated, but common, problem. Article II of the UPC, which covers intestacy and wills, is by far the most often copied article; the most often followed sections are those dealing with traditional troublespots, such as the effects of survival, adoption, and divorce. In contrast, among those UPC sections garnering the least attention are …


Trusts: Consequences Of Attorney's Good Faith Representation Of Adverse Parties In Trust Administration, Mark Reutlinger Jan 1967

Trusts: Consequences Of Attorney's Good Faith Representation Of Adverse Parties In Trust Administration, Mark Reutlinger

Faculty Articles

In the course of estate and trust administration, an attorney or a single law firm may be in the position of representing both the trustee and beneficiaries of a particular trust. In any such situation the attorney represents adverse parties since the beneficiaries may wish to enforce the trust provisions against the trustee. Nevertheless, the attorney might feel impelled to represent such adverse parties, especially where they are amicable, where the attorney has personal familiarity with the parties and the property, or where the parties wish to avoid the added expense of obtaining independent counsel. Potter v. Moran, however, indicates …