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Articles 1 - 30 of 77
Full-Text Articles in Estates and Trusts
A New Cobell: The Need For A Continued Buy-Back Program, Liam C. Conrad
A New Cobell: The Need For A Continued Buy-Back Program, Liam C. Conrad
American Indian Law Journal
The General Allotment Act of 1887 divided Indian reservations into smaller plots for the supposed benefit of individual Indians. Today, these allotments are severely fractionated, with some 160-acre plots having as many as a thousand owners. Since allotment, Congress has repeatedly attempted to solve this problem. However, only the Cobell Land Buy-Back Program has made any sizeable impact on fractionation levels. This paper examines the fractionation problem and the Cobell Program. Now that the Cobell Program has ended in November 2022, this paper argues that Congress must quickly reauthorize a similar program or fractionation will soon exceed pre-Cobell levels.
Case Law On American Indians: October 2022 - August 2023, Thomas P. Schlosser
Case Law On American Indians: October 2022 - August 2023, Thomas P. Schlosser
American Indian Law Journal
No abstract provided.
Wills, Trusts, And Estates, Allison A. Tait, Hunter M. Glenn
Wills, Trusts, And Estates, Allison A. Tait, Hunter M. Glenn
University of Richmond Law Review
This year’s legislative and judicial activity surrounding wills, trusts, and estates did not bring any radical shifts in the law, but rather expansions and clarifications. In the legislative realm, the bulk of the activity centered on expanding protections for parties under guardianship, with a sensitivity to safeguarding vulnerable parties from neglect or even predation. The new rules aim to increase transparency in process, preserve confidential financial information, and ensure minimums of care and contact. The rules affect these goals by providing for more transparency through notice requirements as well as required written filings. Moreover, they protect parties under guardianship by …
A Good Death: End-Of-Life Lawyering Through A Relational Autonomy Lens, Genevieve Mann
A Good Death: End-Of-Life Lawyering Through A Relational Autonomy Lens, Genevieve Mann
Washington Law Review
Death is difficult—even for lawyers who counsel clients on end-of-life planning. The predominant approach to counseling clients about death relies too heavily on traditional notions of personal autonomy and a nearly impenetrable right to be free from interference by others. Rooted in these notions, contracts called “advance directives” emerged as the primary tool for choosing one’s final destiny. Nevertheless, advance directives are underutilized and ineffective because many people are mired in death anxiety, indecision, and the weight of planning for a hypothetical illness. In the end, many do not get the death they choose: to trust in others and share …
Wills, Trusts, Guardianships, And Fiduciary Administration, Mary F. Radford
Wills, Trusts, Guardianships, And Fiduciary Administration, Mary F. Radford
Mercer Law Review
This Survey Article discusses significant cases decided by the Georgia appellate courts during the period of June 1, 2022 through May 31, 2023, and significant Georgia legislation enacted in that same period that relate to Georgia probate and trust law, guardianship, and estate planning. Two of the cases described herein, Slosberg v. Giller and Hall v. Davis Lawn Services, Inc., are decisions of the Supreme Court of Georgia. Effective July 1, 2017, the Georgia General Assembly enacted O.C.G.A. § 15-3-3.1, which provides that the Georgia Court of Appeals has appellate jurisdiction over cases relating to wills and trusts. However, …
Immortal Longings: Perpetuity In Context, Lawrence M. Friedman
Immortal Longings: Perpetuity In Context, Lawrence M. Friedman
Buffalo Law Review
No abstract provided.
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
Matter Of Will Of Ratcliff And The Not-So-Harmless Error: A Call To Change Mississippi’S Approach To Will Formalities, Kelsi Baldwin
Matter Of Will Of Ratcliff And The Not-So-Harmless Error: A Call To Change Mississippi’S Approach To Will Formalities, Kelsi Baldwin
Mississippi College Law Review
A will provides a mechanism to dispose of property at death. But costly litigation—or worse, a will’s invalidation—often thwart this purpose. The law of probate is state-specific, which leaves jurisdictions with the burden of ensuring that their laws promote rather than defeat the purpose of probate—to honor the testator’s intent. Mississippi attempts to recognize this purpose by requiring strict compliance with the statutory requirements for creating a will. This “better safe than sorry” approach errs on the side of invalidity with the hope that denying a non-compliant instrument for probate will prevent fraud and other wrongdoing.
Despite its intention, Mississippi’s …
Incorporating Social Justice And Environmental Sustainability Into Estate Planning Through Conservation Easements, Trace Brooks
Incorporating Social Justice And Environmental Sustainability Into Estate Planning Through Conservation Easements, Trace Brooks
ACTEC Law Journal
As climate change and social inequalities become increasingly pressing issues, estate planning has emerged as a powerful tool for promoting both social justice and environmental sustainability. This article explores the intersection of estate planning, private land conservation, social justice, and environmental sustainability.
Marvin Claims At Death, Patricia A. Cain
Marvin Claims At Death, Patricia A. Cain
ACTEC Law Journal
In 1976, the California Supreme Court handed down its decision in Marvin v. Marvin, recognizing the enforcement of contract and equitable claims that could be asserted when an unmarried partnership was dissolved. Most states have followed the basic holding in Marvin, although important differences in state law have developed over time. Recently, the Uniform Law Commission has approved a uniform act dealing with these issues, the Uniform Cohabitants' Economic Remedies Act (UCERA). This essay will focus, instead, on claims to Marvin rights that are asserted after the death of one partner, typically in probate court.
How Gender And Other Identity Factors Influence Attitudes Toward Will Making: Lessons From Australia, Bridget J. Crawford, Tina Cockburn, Kelly Purser, Ho Fai Chan, Stephen Whyte, Uwe Dulleck
How Gender And Other Identity Factors Influence Attitudes Toward Will Making: Lessons From Australia, Bridget J. Crawford, Tina Cockburn, Kelly Purser, Ho Fai Chan, Stephen Whyte, Uwe Dulleck
ACTEC Law Journal
This essay aims to stimulate interest in further empirical study of attitudes toward will making by reporting the results of a 2022 survey conducted in Australia of the general population (n=1202) and legal professionals (n=112). We asked participants for their views about the ideal age at which to begin the will-making process and the relative contributions of the client and attorney to any resulting will. There was a discernible gender-based difference in views on both questions. Women preferred to initiate those conversations approximately six years earlier than men did and, especially at earlier life stages, preferred less professional input into …
A Critical Analysis Of The Law Of Death, Marriage, And Wealth, Alyssa A. Dirusso
A Critical Analysis Of The Law Of Death, Marriage, And Wealth, Alyssa A. Dirusso
ACTEC Law Journal
No abstract provided.
Is Estate Planning Ethical In An Increasingly Inequitable World?, Harry S. Margolis
Is Estate Planning Ethical In An Increasingly Inequitable World?, Harry S. Margolis
ACTEC Law Journal
No abstract provided.
When Twilight Becomes Darkness: Capacity Issues In Connection With Revocable Trusts, Sergio Pareja
When Twilight Becomes Darkness: Capacity Issues In Connection With Revocable Trusts, Sergio Pareja
ACTEC Law Journal
No abstract provided.
The Haunting Of Wealth Law, Allison Tait
Heirs Property: An Examination Of Probate Costs And The Costs Of Postmortem Probate Inaction, Reid Kress Weisbord
Heirs Property: An Examination Of Probate Costs And The Costs Of Postmortem Probate Inaction, Reid Kress Weisbord
ACTEC Law Journal
“Heirs property” describes a legal limbo that occurs when multiple heirs or will beneficiaries inherit real property as tenants-in-common without promptly probating the estate to transfer marketable title out of the decedent’s name. This Article draws on recent empirical research to examine the demography of heirs property. It then takes a closer look at the adverse economic impact of postmortem probate inaction by and upon the decedent’s inheritors.
A Risk Greater Than The Sports Bet Itself: Death Before Collection Of Winnings, Allyson Sieck
A Risk Greater Than The Sports Bet Itself: Death Before Collection Of Winnings, Allyson Sieck
UNLV Gaming Law Journal
No abstract provided.
Welcome Address, Lauren Mckenzie
Welcome Address, Lauren Mckenzie
DePaul Business & Commercial Law Journal
No abstract provided.
The Problem Of Charitable Trust Enforcement: Addressing The Insufficiencies Of The Attorney General System And Proposing New Reform, Morgan Wahler
The Problem Of Charitable Trust Enforcement: Addressing The Insufficiencies Of The Attorney General System And Proposing New Reform, Morgan Wahler
ACTEC Law Journal
No abstract provided.
An Historical And Empirical Analysis Of The Cyprès Doctrine, Christopher J. Ryan
An Historical And Empirical Analysis Of The Cyprès Doctrine, Christopher J. Ryan
ACTEC Law Journal
Cy près is a pivotal doctrine in estate law and indeed American jurisprudence. It places courts in the shoes of settlors of charitable trusts to discern not only their original intent but also affords the possibility of continuing the material purpose for which settlors created enduring legacies of philanthropy benefitting society. For this reason, it may well be that no other legal doctrine is as closely tied to the interests of the individual and the collective as cy près. And my first-of-its kind study puts the cy-près doctrine front and center, while providing three major contributions to the field. First, …
The Calling Of The Counselor In Counseling Families, Part 2, Ronald D. Aucutt
The Calling Of The Counselor In Counseling Families, Part 2, Ronald D. Aucutt
ACTEC Law Journal
No abstract provided.
Proposing A Model Antilapse Clause, Raymond C. O'Brien
Proposing A Model Antilapse Clause, Raymond C. O'Brien
ACTEC Law Journal
The complexity of state antilapse statutes exacerbates the task of many estate planners seeking to give prudent expression to the postmortem wishes of a client. These statutes vary as to which predeceasing beneficiaries they should apply, who should be the substitute takers to benefit instead of these lapsed beneficiaries, and how to treat beneficiaries who are treated as predeceasing because of renunciation agreements, final decrees of divorce, or, when the beneficiary kills, exploits, or abuses the one from whom the beneficiary would take. Within the modern statutory framework, there exists an abundant array of testamentary devices by which a transferor …
“I’Ll Give You My Trust Assets, When You Pry Them From My Cold, Dead Hands”: The Supreme Court Of Georgia Clarifies That A Mere Challenge To A Trust’S Formation Will Not Trigger An In Terrorem Clause, Kiana Johnson
Mercer Law Review
Imagine a television infomercial wakes you up from your sleep. While refocusing your vision, you faintly hear the television say: “Are you a disgruntled beneficiary?” You think to yourself, “I’m not disgruntled, but I sure wish I could have more money.” You are slightly intrigued, so you crank up the volume on the television, and the infomercial emphatically states, “Do you believe you are entitled to ‘ill-gotten gains’?” You think to yourself, “I have no idea what ill-gotten gains are.” I just want ownership over the assets I —.”
Giller v. Slosberg, 359 Ga. App. 867, 858 S.E.2d 747 …
Until The Cows Come Home: Ancillary Probate Reform Is Needed Across The Country To Better Serve Farmers And Ranchers, Emily K. Daniel
Until The Cows Come Home: Ancillary Probate Reform Is Needed Across The Country To Better Serve Farmers And Ranchers, Emily K. Daniel
Texas A&M Journal of Property Law
Property law has long established a difference between real and personal property. When an individual dies, if they owned real property in another state, they may be subject to the other state’s probate or estates code. This means that the decedent’s beneficiaries may have to probate the estate again in the secondary state’s courts if the statutes state that is a requirement. This secondary probate proceeding is called ancillary probate. This Article aims to show the negative effects that ancillary probate has on certain people and industries. Specifically, ancillary probate is a problem that negatively affects farmers and ranchers across …
Perpetuities In An Unequal Age, Jack H.L. Whiteley
Perpetuities In An Unequal Age, Jack H.L. Whiteley
Northwestern University Law Review
For centuries, the common law limited aristocratic wealth. In the last three decades, that has changed. One by one, state legislatures have eliminated the rule against perpetuities (the Rule), and now “dynasty trusts” can make carefully controlled payments to a settlor’s descendants for hundreds of years. This change occurred soon before a large and ongoing intergenerational wealth transfer in the United States. Trusts scholars have roundly criticized the Rule’s removal, and some have described it as charting a path to a new Gilded Age.
This Article draws a theoretical lesson from the Rule’s demise. I argue that part of the …
The Kinder, Gentler Irs? Where?, Harvey Gilmore
The Kinder, Gentler Irs? Where?, Harvey Gilmore
DePaul Business & Commercial Law Journal
No abstract provided.