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Articles 31 - 42 of 42
Full-Text Articles in Estates and Trusts
Butler V. Gavek, 245 A.3d 750 (R.I. 2021), David Braga
Butler V. Gavek, 245 A.3d 750 (R.I. 2021), David Braga
Roger Williams University Law Review
No abstract provided.
When Beneficiaries Predecease: An Empirical Analysis, Adam J. Hirsch
When Beneficiaries Predecease: An Empirical Analysis, Adam J. Hirsch
Emory Law Journal
Under current law, bequests to beneficiaries who predecease the testator “lapse” to the beneficiary of the residuary, unless they are preserved for the descendants of predeceased beneficiaries under an “antilapse” statute. The beneficiaries covered by antilapse statutes vary from state to state, but in most states today the statutes apply only to blood relatives of the testator as distant as first cousins. This Article examines the public policy of antilapse statutes, assessing them by undertaking the first-ever survey of popular preferences concerning the matter. Harvesting evidence for five types of beneficiaries, the study finds that the prevailing structure of antilapse …
Legacies Of A Pandemic: Remote Attestation And Electronic Wills, Richard F. Storrow
Legacies Of A Pandemic: Remote Attestation And Electronic Wills, Richard F. Storrow
Mitchell Hamline Law Review
No abstract provided.
Restricting Funeral Expense Deductions, William A. Drennan
Restricting Funeral Expense Deductions, William A. Drennan
Dickinson Law Review (2017-Present)
During the Middle Ages, the wealthy often requested burial in mass graves with their fellow mortals, as a sign of humility. But since the rise of the cult of the individual during the Renaissance, individual burial plots have been an expression of prestige, wealth, and social status for some. For example, Leona Helmsley, real estate baroness and “Queen of Mean,” dedicated $3 million upon her death for the care and maintenance of her 1300 square foot, $1.4 million mausoleum. Respectful disposition of the body is a hallmark of civilization and a common law requirement of estate administration, but an extravagant …
The Future Of Electronic Wills In Rhode Island After Covid-19, Crystal L. Collins.
The Future Of Electronic Wills In Rhode Island After Covid-19, Crystal L. Collins.
Roger Williams University Law Review
No abstract provided.
2021 Surveys Of Rhode Island Law
2021 Surveys Of Rhode Island Law
Roger Williams University Law Review
No abstract provided.
On Disgorgement And Punitive Damages In Trust Law, Daniel B. Kelly
On Disgorgement And Punitive Damages In Trust Law, Daniel B. Kelly
Journal Articles
Private and charitable trusts hold trillions of dollars in assets. Trustees manage, invest, and distribute these assets, subject to fiduciary duties, including the duty of loyalty and prudence. But the remedies for fiduciary breach, and their justifications, are convoluted. The conventional view, especially in law and economics, is to characterize most fiduciary relationships, including trusts, as contractual and most fiduciary duties as implicit contract terms. One might suppose, then, that the optimal remedy for fiduciary breach would be the same as the usual remedy for contractual breach: damages. But the traditional equitable remedies in fiduciary law, and modern remedies in …
Fringe Inheriting: Probate Avoidance At Both Ends Of The Wealth Spectrum, Allison Anna Tait
Fringe Inheriting: Probate Avoidance At Both Ends Of The Wealth Spectrum, Allison Anna Tait
Law Faculty Publications
The principal system in the United States for transferring wealth from one generation to the next - the probate system - is a historically and steadfastly public one. Probate is a set of public processes and a court system created to situate and facilitate wealth transfer, giving legal imprimatur to the distribution of family money. Nevertheless, while the probate system may be the central and most conventional system for transferring wealth, not all families and individuals avail themselves of the system. The broad swath of families who avail themselves of the services and certain benefits of the probate system are, …
Prepaid Death, Victoria J. Haneman
Kumble V. Voccola, 253 A.3d 1248 (R.I. 2021), Aryamen Andrew Omshehe
Kumble V. Voccola, 253 A.3d 1248 (R.I. 2021), Aryamen Andrew Omshehe
Roger Williams University Law Review
No abstract provided.
Wills & Trusts, Gerry W. Beyer