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Full-Text Articles in Estates and Trusts

Incorporating Social Justice And Environmental Sustainability Into Estate Planning Through Conservation Easements, Trace Brooks Sep 2023

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.


Proposing A Model Antilapse Clause, Raymond C. O'Brien Jun 2023

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 …


Without A Will, There Is Still A Way: A Statutory Solution To Increase The Value Of A Small Estate And Aid In Reducing The Racial Equity Gap In Wisconsin, Isabella V. Avila Perez Jan 2023

Without A Will, There Is Still A Way: A Statutory Solution To Increase The Value Of A Small Estate And Aid In Reducing The Racial Equity Gap In Wisconsin, Isabella V. Avila Perez

Marquette Benefits and Social Welfare Law Review

For generations, communities of color have struggled to increase their generational wealth. Lack of access to estate planning tools leaves minority groups and low-income families compromised and more likely to die intestate. While the current probate system creates a safety net for those that die intestate, this comment aims to address the need for a statutory solution to aid in combatting Wisconsin's racial equity gap. More specifically, this Comment suggests how increasing and indexing Wisconsin's summary settlement and summary assignment small estate values to include estates of $100,000 or less will allow for more minority and low-income families to qualify …