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Full-Text Articles in Estates and Trusts

Arkansas’S Trust Code And Trust Planning: A Ten-Year Perspective, Lynn Foster Apr 2016

Arkansas’S Trust Code And Trust Planning: A Ten-Year Perspective, Lynn Foster

University of Arkansas at Little Rock Law Review

In 2001, the Uniform Law Commission adopted the Uniform Trust Code, which regulates certain aspects of trusts. One impetus for the trust code was the ever-increasing popularity of revocable trusts as part of standard estate planning packages. Another was the fact that few states—including Arkansas—had well-developed common law trust rules, let alone any statutory trust codes. In 2005, the Arkansas legislature enacted a slightly modified version of the Uniform Trust Code (UTC), titled the Arkansas Trust Code (ATC). At that time, the University of Arkansas at Little Rock Law Review published my article summarizing the most important features of the …


With All My Worldly Goods I Thee Endow: The Law And Statistics Of Dower And Curtesy In Arkansas, J. Cliff Mckinney Apr 2016

With All My Worldly Goods I Thee Endow: The Law And Statistics Of Dower And Curtesy In Arkansas, J. Cliff Mckinney

University of Arkansas at Little Rock Law Review

No abstract provided.


Property Law—Upending The Familiar Tools Of Estate Planning: Equity Renders Revocable Trusts Subject To The Arkansas Spousal Election. In Re Estate Of Thompson, 2014 Ark. 237, 434 S.W.3d 877., Lucy L. Holifield Oct 2015

Property Law—Upending The Familiar Tools Of Estate Planning: Equity Renders Revocable Trusts Subject To The Arkansas Spousal Election. In Re Estate Of Thompson, 2014 Ark. 237, 434 S.W.3d 877., Lucy L. Holifield

University of Arkansas at Little Rock Law Review

No abstract provided.


Trusts & Estates Law—Trust Protectors—Increasing Trust Flexibility And Security While Decreasing Uncertainty Of Liabilities For Doing So: How Amending Ark. Code Ann. § 28-73-808 To Better Conform With The Modern Trend Of Clarifying Trust Protection Could Effectively End The Fiduciary Guessing Game In Arkansas, J. Andy Marshall Jul 2013

Trusts & Estates Law—Trust Protectors—Increasing Trust Flexibility And Security While Decreasing Uncertainty Of Liabilities For Doing So: How Amending Ark. Code Ann. § 28-73-808 To Better Conform With The Modern Trend Of Clarifying Trust Protection Could Effectively End The Fiduciary Guessing Game In Arkansas, J. Andy Marshall

University of Arkansas at Little Rock Law Review

No abstract provided.


The Specter Of Civil Law Clawback Actions Haunting U.S. And Uk Charitable Giving, Aaron Schwabach Jun 2012

The Specter Of Civil Law Clawback Actions Haunting U.S. And Uk Charitable Giving, Aaron Schwabach

Law Faculty Scholarship

No abstract provided.


Estate And Probate Law—Testamentary Disposition Of Non-Probate Assets: Whether Iras Are Comparable To Life Insurance Policies And Whether Testators Should Be Able To Change An Ira Beneficiary By Will. Nunnenman V. Estate Of Grubbs, 2010 Ark. App. 75, __ S.W.3d __., Ashley L. Haskins Oct 2011

Estate And Probate Law—Testamentary Disposition Of Non-Probate Assets: Whether Iras Are Comparable To Life Insurance Policies And Whether Testators Should Be Able To Change An Ira Beneficiary By Will. Nunnenman V. Estate Of Grubbs, 2010 Ark. App. 75, __ S.W.3d __., Ashley L. Haskins

University of Arkansas at Little Rock Law Review

No abstract provided.


Of Charities And Clawbacks: The European Union Proposal On Successions And Wills As A Threat To Charitable Giving, Aaron Schwabach Jun 2011

Of Charities And Clawbacks: The European Union Proposal On Successions And Wills As A Threat To Charitable Giving, Aaron Schwabach

Law Faculty Scholarship

In the United Kingdom, and to a lesser extent the United States, an inter vivos gift, once given, cannot be reclaimed by the giver's heirs. In civil law countries the situation is quite different: Not only spouses, but issue and in some cases even ascendants, are entitled to a forced share of a decedent's estate--and these forced shares are assessed against a notional “estate” that includes the testator's inter vivos gifts. If the total of these forced shares exceeds the amount actually available in the decedent's estate at death, the recipients of the gifts, or their successors, may be forced …


Trusts And Estates - Spendthrift Trusts And The "Happenstance Of Bankruptcy" Rule, Jonathan R. Shulan Oct 2010

Trusts And Estates - Spendthrift Trusts And The "Happenstance Of Bankruptcy" Rule, Jonathan R. Shulan

University of Arkansas at Little Rock Law Review

No abstract provided.


Family Law And Estate Law - Reproductive Technology - Use Of Artificial Reproductive Technologies After The Death Of A Parent, Lisa Medford Oct 2010

Family Law And Estate Law - Reproductive Technology - Use Of Artificial Reproductive Technologies After The Death Of A Parent, Lisa Medford

University of Arkansas at Little Rock Law Review

No abstract provided.


Review Of Raymond C. O'Brien & Michael T. Flannery, Decedents' Estates: Cases And Materials (2006), Gerry W. Berry Apr 2007

Review Of Raymond C. O'Brien & Michael T. Flannery, Decedents' Estates: Cases And Materials (2006), Gerry W. Berry

University of Arkansas at Little Rock Law Review

No abstract provided.


Wills—Holographic Wills And Testamentary Intent—Extrinsic Evidence Is Inadmissible To Prove Testimentary Intent For Holographic Wills Lacking Words Of Disposition. Edmundson V. Estate Of Fountain, No. 03-1459, 2004 Wl 1475423 (Ark. July 1, 2004), J. M. Robinette Jul 2005

Wills—Holographic Wills And Testamentary Intent—Extrinsic Evidence Is Inadmissible To Prove Testimentary Intent For Holographic Wills Lacking Words Of Disposition. Edmundson V. Estate Of Fountain, No. 03-1459, 2004 Wl 1475423 (Ark. July 1, 2004), J. M. Robinette

University of Arkansas at Little Rock Law Review

No abstract provided.


The Arkansas Trust Code: Good Law For Arkansas, Lynn Foster Jan 2005

The Arkansas Trust Code: Good Law For Arkansas, Lynn Foster

University of Arkansas at Little Rock Law Review

No abstract provided.


Level Five Philanthropy: Designing A Plan For Strategic, Effective, Efficient Giving, James Edward Harris Oct 2003

Level Five Philanthropy: Designing A Plan For Strategic, Effective, Efficient Giving, James Edward Harris

University of Arkansas at Little Rock Law Review

No abstract provided.


A Comparison Of Arkansas's Current Law Concerning Succession, Wills, And Other Donative Transfers With Article Ii Of The 1990 Uniform Probate Code, Lawrence H. Averill Jr., Ellen B. Brantley Jul 1995

A Comparison Of Arkansas's Current Law Concerning Succession, Wills, And Other Donative Transfers With Article Ii Of The 1990 Uniform Probate Code, Lawrence H. Averill Jr., Ellen B. Brantley

University of Arkansas at Little Rock Law Review

No abstract provided.


An Eclectic History And Analysis Of The 1990 Uniform Probate Code, Lawrence H. Averill Jan 1992

An Eclectic History And Analysis Of The 1990 Uniform Probate Code, Lawrence H. Averill

Law Faculty Scholarship

No abstract provided.


Punishing The Dead: Whether The Estates Of Dead Tortfeasors Should Be Responsible For Punitive Damages, Charles William Burton Apr 1989

Punishing The Dead: Whether The Estates Of Dead Tortfeasors Should Be Responsible For Punitive Damages, Charles William Burton

University of Arkansas at Little Rock Law Review

No abstract provided.


Probate—Satisfying The Due Process Requirement Of Actual Notice To Estate Creditors. Tulsa Professional Collection Services V. Pope, 108 S. Ct. 1340 (1988)., Patricia J. Heritage Jul 1988

Probate—Satisfying The Due Process Requirement Of Actual Notice To Estate Creditors. Tulsa Professional Collection Services V. Pope, 108 S. Ct. 1340 (1988)., Patricia J. Heritage

University of Arkansas at Little Rock Law Review

No abstract provided.


Should Tennessee Bury The Dead Man Statute As Arkansas Has, W. Dent Gitchel Jan 1988

Should Tennessee Bury The Dead Man Statute As Arkansas Has, W. Dent Gitchel

Law Faculty Scholarship

No abstract provided.


The Uniform Transfers To Minors Act—New And Improved, But Shortcomings Still Exist, Thomas E. Allison Apr 1987

The Uniform Transfers To Minors Act—New And Improved, But Shortcomings Still Exist, Thomas E. Allison

University of Arkansas at Little Rock Law Review

No abstract provided.


Valuing Oil And Mineral Interests For Estate Planning Purposes, Lawrence H. Averill Jan 1982

Valuing Oil And Mineral Interests For Estate Planning Purposes, Lawrence H. Averill

Law Faculty Scholarship

In this article, the author discusses a number of factors which should be considered when valuing oil and mineral interests, with a primary emphasis on estate planning concerns. The article to a large extent focuses on the various techniques utilized in the valuation process, and in so doing, considers a number of key concepts and terms and identifies problems which commonly arise in the valuation of oil and mineral assets.


Decedents' Estates - Wills - Doctrine Of Dependent Relative Revocation - May Not Be Applicable In Arkansas, Grisham A. Phillips Apr 1981

Decedents' Estates - Wills - Doctrine Of Dependent Relative Revocation - May Not Be Applicable In Arkansas, Grisham A. Phillips

University of Arkansas at Little Rock Law Review

No abstract provided.


Constitutional Law - Equal Protection - Arkansas' Gender-Based Statutes On Dower, Election, Statutory Allowances, And Homestead Are Unconstitutional, Mary Jane Pruniski Apr 1981

Constitutional Law - Equal Protection - Arkansas' Gender-Based Statutes On Dower, Election, Statutory Allowances, And Homestead Are Unconstitutional, Mary Jane Pruniski

University of Arkansas at Little Rock Law Review

No abstract provided.


Wills–Validity Of Signature For Arrested Wills, William Taylor Marshall Jan 1981

Wills–Validity Of Signature For Arrested Wills, William Taylor Marshall

University of Arkansas at Little Rock Law Review

No abstract provided.


Inheritance, The Share Of The Surviving Spouse, And Wills: Arkansas Law And The Uniform Probate Code Compared, Ellen B. Brantley, Richard W. Effland Oct 1980

Inheritance, The Share Of The Surviving Spouse, And Wills: Arkansas Law And The Uniform Probate Code Compared, Ellen B. Brantley, Richard W. Effland

University of Arkansas at Little Rock Law Review

No abstract provided.


Arkansas And The Uniform Probate Code: Some Issues And Answers, Richard V. Wellman Apr 1979

Arkansas And The Uniform Probate Code: Some Issues And Answers, Richard V. Wellman

University of Arkansas at Little Rock Law Review

No abstract provided.


A Critical Analysis Of The Arkansas Death With Dignity Act, Harold H. Simpson Ii, Carolyn B. Armbrust Oct 1978

A Critical Analysis Of The Arkansas Death With Dignity Act, Harold H. Simpson Ii, Carolyn B. Armbrust

University of Arkansas at Little Rock Law Review

No abstract provided.


Iwerson V. Dushek, Keith N. Johnson Apr 1978

Iwerson V. Dushek, Keith N. Johnson

University of Arkansas at Little Rock Law Review

No abstract provided.


Comment: The Federal Tax Consequences Of Life Insurance In Estate Planning, John B. Peace Apr 1978

Comment: The Federal Tax Consequences Of Life Insurance In Estate Planning, John B. Peace

University of Arkansas at Little Rock Law Review

No abstract provided.


The New Arkansas Inheritance Laws: A Step Into The Present With An Eye To The Future, Robert R. Wright Jan 1969

The New Arkansas Inheritance Laws: A Step Into The Present With An Eye To The Future, Robert R. Wright

Law Faculty Scholarship

No abstract provided.


Medieval Law In The Age Of Space: Some Rules Of Property In Arkansas, Robert R. Wright Jan 1968

Medieval Law In The Age Of Space: Some Rules Of Property In Arkansas, Robert R. Wright

Law Faculty Scholarship

No abstract provided.