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Full-Text Articles in Estates and Trusts

Keeping Current - Probate [Notes], Julia Koert, Paula Moore, William P. Lapiana, Jake W. Villanueva Jul 2023

Keeping Current - Probate [Notes], Julia Koert, Paula Moore, William P. Lapiana, Jake W. Villanueva

Articles & Chapters

No abstract provided.


Keeping Current - Probate [Notes], Julia Koert, Paula Moore, William P. Lapiana, Jake W. Villanueva May 2023

Keeping Current - Probate [Notes], Julia Koert, Paula Moore, William P. Lapiana, Jake W. Villanueva

Articles & Chapters

No abstract provided.


Keeping Current - Probate [Notes], Claire Hargrove, Paula Moore, William P. Lapiana, Jake W. Villanueva Mar 2023

Keeping Current - Probate [Notes], Claire Hargrove, Paula Moore, William P. Lapiana, Jake W. Villanueva

Articles & Chapters

No abstract provided.


Keeping Current - Probate [Notes], Claire Hargrove, Paula Moore, William P. Lapiana, Jake W. Villanueva Jan 2023

Keeping Current - Probate [Notes], Claire Hargrove, Paula Moore, William P. Lapiana, Jake W. Villanueva

Articles & Chapters

No abstract provided.


Keeping Current - Probate [Notes], Claire Hargrove, Paula Moore, Kerri G. Nipp, William P. Lapiana, Jake W. Villanueva Nov 2022

Keeping Current - Probate [Notes], Claire Hargrove, Paula Moore, Kerri G. Nipp, William P. Lapiana, Jake W. Villanueva

Articles & Chapters

No abstract provided.


Keeping Current - Probate, Claire Hargrove, Paula Moore, William P. Lapiana, Jake W. Villanueva Nov 2021

Keeping Current - Probate, Claire Hargrove, Paula Moore, William P. Lapiana, Jake W. Villanueva

Articles & Chapters

No abstract provided.


Keeping Current - Probate [Notes], Claire Hargrove, Paula Moore, Kerri G. Nipp, William P. Lapiana, Jake W. Villanueva Sep 2021

Keeping Current - Probate [Notes], Claire Hargrove, Paula Moore, Kerri G. Nipp, William P. Lapiana, Jake W. Villanueva

Articles & Chapters

No abstract provided.


Keeping Current - Probate [Notes], Claire Hargrove, Paula Moore, Kerri G. Nipp, William P. Lapiana Jul 2021

Keeping Current - Probate [Notes], Claire Hargrove, Paula Moore, Kerri G. Nipp, William P. Lapiana

Articles & Chapters

No abstract provided.


Keeping Current - Probate [Notes], Claire Hargrove, Paula Moore, Kerri G. Nipp, William P. Lapiana May 2021

Keeping Current - Probate [Notes], Claire Hargrove, Paula Moore, Kerri G. Nipp, William P. Lapiana

Articles & Chapters

No abstract provided.


Keeping Current - Probate [Notes], Claire Hargrove, Paula Moore, Kerri G. Nipp, William P. Lapiana Mar 2021

Keeping Current - Probate [Notes], Claire Hargrove, Paula Moore, Kerri G. Nipp, William P. Lapiana

Articles & Chapters

No abstract provided.


Keeping Current - Probate [Notes], Claire Hargrove, Paula Moore, Kerri G. Nipp, William P. Lapiana Jan 2021

Keeping Current - Probate [Notes], Claire Hargrove, Paula Moore, Kerri G. Nipp, William P. Lapiana

Articles & Chapters

No abstract provided.


Who Will Judge The Many When The Game Is Through: Considering The Profound Differences Between Mental Health Courts And Traditional Involuntary Civil Commitment Courts, Michael L. Perlin Jan 2018

Who Will Judge The Many When The Game Is Through: Considering The Profound Differences Between Mental Health Courts And Traditional Involuntary Civil Commitment Courts, Michael L. Perlin

Articles & Chapters

This paper is an expansion of a presentation given by the author at the annual Therapeutic Jurisprudence Workshop at Osgoode Hall Law School, York University, Toronto, Ontario, Canada, October 15, 2016. There is a developing robust literature about mental health courts (MHCrts) in the United States, and researchers have begun to focus on a broad range of empirical issues, such as the extent to which defendants are competent to waive their trial rights in such settings, the significance of diversion, etc. Also, advocates and other scholars have engaged in vigorous debates about the value of these courts, and the extent …


Social Control Of Wealth In Antebellum New York, William P. Lapiana Jan 2017

Social Control Of Wealth In Antebellum New York, William P. Lapiana

Articles & Chapters

No abstract provided.


An Empirical Study Of Modification And Termination Of Conservation Easements: What The Data Suggest About Appropriate Legal Rules, Gerald Korngold, Semida Munteanu, Lauren Smith Jan 2016

An Empirical Study Of Modification And Termination Of Conservation Easements: What The Data Suggest About Appropriate Legal Rules, Gerald Korngold, Semida Munteanu, Lauren Smith

Articles & Chapters

The acquisition of conservation easements by nonprofit organizations (“NPOs”) over the past twenty-five years has revolutionized the preservation of American land. Recently, however, legislatures, courts, practitioners, and commentators have debated whether and how conservation easements should be modified and even terminated. The discussion has almost always been on a theoretical level without empirical grounding and has sometimes generated much heat but little light. The discussion has lacked the necessary empirical context to allow legislatures and courts to thoughtfully develop resolutions to these issues free from sloganeering and posturing.

This article provides and analyzes a previously uncollected dataset that offers guidance …


Irwin V. Gavit: Income Is (Sometimes) In The Eye Of The Beholder, William P. Lapiana Jan 2016

Irwin V. Gavit: Income Is (Sometimes) In The Eye Of The Beholder, William P. Lapiana

Articles & Chapters

No abstract provided.


Filling In The Blanks, William P. Lapiana Jan 2013

Filling In The Blanks, William P. Lapiana

Articles & Chapters

No abstract provided.


Credit Shelter Trusts And Probability: Does One Exclude The Other, Marc S. Bekerman Jun 2011

Credit Shelter Trusts And Probability: Does One Exclude The Other, Marc S. Bekerman

Articles & Chapters

In the September/ October 2009 issue of Probate & Property, the author published an article titled What Portability Means to Trust and Estate Professionals, contemplating the possibility that the estate of a surviving spouse might be permitted to use the unused estate tax applicable exemption amount from the estate of his or her predeceased spouse. This concept has been referred to as portability of the applicable exemption amount, and the article identified several issues that might arise should portability be permitted. This article is a follow-up to that prior article because portability has indeed been enacted as part of the …


What Portability Means To Trust And Estate Professionals, Marc S. Bekerman Sep 2009

What Portability Means To Trust And Estate Professionals, Marc S. Bekerman

Articles & Chapters

One issue that has received much discussion over the last several years is the concept of allowing the estate of a surviving spouse to use the unused estate tax applicable exemption amount from the estate of his or her predeceased spouse. This concept has often been referred to as portability of the applicable exemption amount (frequently referred to as "portability" herein) and can serve in many cases to simplify estate plans of persons with significant wealth while also allowing some taxpayers to avoid traps for the unwary. This article will review the concept of portability and its potential effect, should …


Was The Supreme Court Really Wearing Shining Armor? A Hard Day's Knight For Trusts And Estates, Marc S. Bekerman Sep 2008

Was The Supreme Court Really Wearing Shining Armor? A Hard Day's Knight For Trusts And Estates, Marc S. Bekerman

Articles & Chapters

No abstract provided.


Essential Steps After Finishing The Estate Plan - Part 1 - Pre-Mortem Planning, John J. Reddy Jr., Marc S. Bekerman Mar 2007

Essential Steps After Finishing The Estate Plan - Part 1 - Pre-Mortem Planning, John J. Reddy Jr., Marc S. Bekerman

Articles & Chapters

No abstract provided.


Everything's A Little Upside Down, As A Matter Of Fact The Wheels Have Stopped: The Fraudulence Of The Incompetency Evaluation Process, Michael L. Perlin Jan 2004

Everything's A Little Upside Down, As A Matter Of Fact The Wheels Have Stopped: The Fraudulence Of The Incompetency Evaluation Process, Michael L. Perlin

Articles & Chapters

Health Law in the Criminal Justice System Symposium


When The Endowment Tanks, Jeffrey J. Haas Jan 2003

When The Endowment Tanks, Jeffrey J. Haas

Articles & Chapters

No abstract provided.


Planning And Drafting From The Fiduciary's Perspective, Marc S. Bekerman, Jo Ann Engelhardt, Isabel Miranda Mar 2001

Planning And Drafting From The Fiduciary's Perspective, Marc S. Bekerman, Jo Ann Engelhardt, Isabel Miranda

Articles & Chapters

An ounce of prevention is worth a pound of cure." Although a cliche, this adage is a truth of great value in estate planning, both in formulating an estate plan and in drafting documents. Unfortunately, fiduciaries confront plans and documents that do not always achieve the desired results. This article highlights areas that fiduciaries regard as essential areas of concern in good estate planning.


Trusts And Estates Practice Into The Next Millennium, Marc S. Bekerman, Gerry W. Beyer Jan 1999

Trusts And Estates Practice Into The Next Millennium, Marc S. Bekerman, Gerry W. Beyer

Articles & Chapters

As the world prepares to enter the next millennium, the practice of trusts and estates law continues to evolve. Factors driving this evolution include an increase in life expectancy, numerous advances in medical technology, the increased geographic mobility of individuals, the growing use of revocable trusts as will substitutes, the trend to abolish the rule against perpetuities and restrictions on the ability of creditors to reach self-settled trusts. Due to advances ranging from low-tech improvements, such as refrigeration and sewer systems, to sophisticated medical procedures, such as organ transplantation and dialysis, people are living longer than their ancestors. This article …


Marriage And The Income Tax Yesterday, Today, And Tomorrow: A Primer And Legislative Scorecard, Ann F. Thomas Jan 1999

Marriage And The Income Tax Yesterday, Today, And Tomorrow: A Primer And Legislative Scorecard, Ann F. Thomas

Articles & Chapters

No abstract provided.


Reforming The Requirements For Due Execution Of Wills: Some Guidance From The Past, Lloyd Bonfield Jan 1996

Reforming The Requirements For Due Execution Of Wills: Some Guidance From The Past, Lloyd Bonfield

Articles & Chapters

The recent revision of the Uniform Probate Code (1990) accepted the "dispensing power" with respect to will execution, revocation, revival, and alteration. Under section 2-503, a will that has not been executed in conformity with the formalities of will execution should nevertheless be admitted to probate if the probate court finds "by clear and convincing evidence" that the decedent intended the document to stand as a will This Article reviews the literature supporting the change in wills acts and examines cases that have considered applying remedies for defectively executed wills. It is argued by the proponents of the dispensing power …


Elder Law In The Nineties, Peter J. Strauss Jan 1993

Elder Law In The Nineties, Peter J. Strauss

Articles & Chapters

The need to reconsider estate planning, placing a greater emphasis on life planning, is the theme of Peter J Strauss's essay. He provides an overview of the status of the elderly in the United States and reminds the reader that the legal profession has not yet adequately addressed the needs of this segment of the population. The life planning components are discussed and corporations are urged to attend to such employee planning needs so as to enhance productivity at work and to improve the quality of their employees' lives.


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.


Contrasting Sources: Court Rolls And Settlements As Evidence Of Hereditary Transmission Of Land Amongst Small Landowners In Early Modern England, Lloyd Bonfield Jan 1984

Contrasting Sources: Court Rolls And Settlements As Evidence Of Hereditary Transmission Of Land Amongst Small Landowners In Early Modern England, Lloyd Bonfield

Articles & Chapters

No abstract provided.