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Articles 31 - 60 of 94
Full-Text Articles in Estates and Trusts
The Uniform Probate Code Upends The Law Of Remainders, Jesse Dukeminier
The Uniform Probate Code Upends The Law Of Remainders, Jesse Dukeminier
Michigan Law Review
Nothing is more settled in the law of remainders than that an indefeasibly vested remainder is transmissible to the remainderman's heirs or devisees upon the remainderman's death. Thus, where a grantor conveys property "to A for life, then to B and her heirs," B's remainder passes to B's heirs or devisees if B dies during the life of A. Inheritability of vested remainders was recognized in the time of Edward I, and devisability was recognized with the Statute of Wills in 1540.
Tribute To William F. Fratcher: Marital Property Rights In Transition, Lawrence W. Waggoner
Tribute To William F. Fratcher: Marital Property Rights In Transition, Lawrence W. Waggoner
Articles
"Marital property rights," a term that covers a vast multitude of rights or interests conferred by law on persons who occupy the status of spouse, are in a state of transition. To discuss the themes and trends that are emerging, this Article is divided into four discrete, yet related segments. The first segment addresses how the law allocates original ownership between spouses in a marriage. The second segment turns to the intestate share of the surviving spouse. This is not a topic that much concerns high-powered estate planners because intestate estates are usually fairly small. But to the surviving spouse, …
Naiman V. Attorney General, Meir Shamgar, Dov Levin, Yaakov Malz
Naiman V. Attorney General, Meir Shamgar, Dov Levin, Yaakov Malz
Translated Opinions
Facts: In 1971, the appellants’ father bequeathed to the appellants an apartment, subject to the stipulations that the apartment could not be sold or leased for a period exceeding twelve months, and that any member of his family who came to Israel would be entitled to stay or live in the apartment. In 1974, the appellants applied to the court to sell the apartment, but their application was denied by the trial court and on appeal. In 1990, the applicants applied once again to the court to sell the apartment, arguing, inter alia, that considerations of public policy should …
Choice Of Law And Succession To Wealth: A Critical Analysis Of The Ramifications Of The Hague Convention On Succession To Decedents' Estates, Jeffrey Schoenblum
Choice Of Law And Succession To Wealth: A Critical Analysis Of The Ramifications Of The Hague Convention On Succession To Decedents' Estates, Jeffrey Schoenblum
Vanderbilt Law School Faculty Publications
The Hague Convention on the Law Applicable to Succession to the Estates of Deceased Persons' is an exceptionally complex document with the avowed purpose of radically altering the choice of law rules in the succession field that have traditionally guided all common law jurisdictions as well as many civil law regimes. To date, the conflicts revolution that has engulfed other fields of law such as contracts and torts has barely intruded into the realm of property and succession law. In large part, this has been attributable to the nearly absolute adherence of judges and legislators to the relatively simple, straightforward …
The Multiple-Marriage Society And Spousal Rights Under The Revised Uniform Probate Code, Lawrence W. Waggoner
The Multiple-Marriage Society And Spousal Rights Under The Revised Uniform Probate Code, Lawrence W. Waggoner
Articles
Nearly everyone knows about the transformation of the American family that has taken place over the last couple of decades. The changes, from the latter half of the 1970s into the present, comprise one of the great events of our age. Articles on one aspect or another of the phenomenon frequent the popular press, and a special edition of Newsweek was recently devoted to the topic.' The traditional "Leave It To Beaver" family no longer prevails in American society. To be sure, families consisting of a wage-earning husband, a homemaking and child-rearing wife, and their two joint children still exist. …
The Uniform Statutory Rule Against Perpetuities: Oregon Joins Up, Lawrence W. Waggoner
The Uniform Statutory Rule Against Perpetuities: Oregon Joins Up, Lawrence W. Waggoner
Articles
Uniform perpetuity reform is on the march, and Oregon has joined the parade. On January 1, 1990, the Uniform Statutory Rule Against Perpetuities (Uniform Act) became effective in Oregon. Although promulgated only three years ago, the Uniform Act has been enacted in over twenty percent of the states and appears to be on its way toward enactment in several others. Prior to the adoption of the Uniform Act, Oregon followed the common-law Rule Against Perpetuities (common-law Rule). Noted for its unjust consequences, the common-law Rule disregards actual events and invalidates a contingent (nonvested) future interest merely on the grounds of …
Kentucky's Doctrine Of Advancements: A Time For Reform, Carolyn S. Bratt
Kentucky's Doctrine Of Advancements: A Time For Reform, Carolyn S. Bratt
Law Faculty Scholarly Articles
The act of giving a gift is accomplished so easily that the legal consequences often escape the donor. Even when a donor stops to contemplate the legal significance of her or his act, a parental donor probably is unaware that a gift to a child may affect the child's inheritance rights in the parent's estate. Kentucky is among the minority of states which continue to presume that a parental gift is intended as an advancement to the child donee. Moreover, Kentucky is one of only two states which make the presumption irrebutable. The value of the gift is charged against …
The Uniform Statutory Rule Against Perpetuities, Lawrence W. Waggoner
The Uniform Statutory Rule Against Perpetuities, Lawrence W. Waggoner
Articles
When the National Conference of Commissioners on Uniform State Laws recently approved the Uniform Statutory Rule Against Perpetuities, it may at long last have made perpetuity reform achievable in this country. Coming, as it does, on the heels of the 1981 promulgation of the Restatement (Second) of Property (Donative Transfers), which adopts the same general type of perpetuity reform, and having been unanimously endorsed by the House of Delegates of the American Bar Association, the Board of Regents of the American College of Probate Counsel, and the Board of Governors of the American College of Real Estate Lawyers, the Uniform …
Reed V. Campbell, Individually And As Administrix Of The Estate Of Ricker, Lewis F. Powell Jr.
Reed V. Campbell, Individually And As Administrix Of The Estate Of Ricker, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Kentucky Law Survey: Property, Carolyn S. Bratt
Kentucky Law Survey: Property, Carolyn S. Bratt
Law Faculty Scholarly Articles
Law students, and probably practitioners, are often perplexed by the multitude of topics covered under the rubric of property law. Unfortunately, this Survey article does nothing to dispel the impression of property law as a hodgepodge of unrelated topics. This Survey of recent decisions in Kentucky discusses topics ranging literally from "a" to "z"-adverse possession to zoning.
Valuing Oil And Mineral Interests For Estate Planning Purposes, Lawrence H. Averill
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.
Section 6104(D) Of The Pennsylvania Rule Against Perpetuities: The Validity And Effect Of The Retroactive Application Of Property And Probate Law Reform, Leonard Levin
Villanova Law Review (1956 - )
No abstract provided.
The Estate Tax Marital Deduction, Harold Dubroff, Douglas A. Kahn
The Estate Tax Marital Deduction, Harold Dubroff, Douglas A. Kahn
Articles
The estate tax marital deduction, section 2056 of the Internal Revenue Code, was enacted in 1948, along with the split-income provisions of the income tax law and the marital deduction and split-gift provisions of the gift tax law. The purpose was to give married residents of common law states approximately the same federal tax advantages that were available to married residents of community property states. Ordinarily, upon the death of a married resident of a community property state, only one-half of the community property is taxed in the decedent's estate. Section 2056 achieves approximately the same result for married residents …
The Uniform Disposition Of Community Property Rights At Death Act, Sarah N. Welling
The Uniform Disposition Of Community Property Rights At Death Act, Sarah N. Welling
Law Faculty Scholarly Articles
In 1977, eight of the United States use community property systems instead of the common law systems used in the other 42 states. Because the community property system is totally alien to common law states which do not recognize community interests in property, when domiciliaries of a community property state migrate to a common law state problems develop over the definition of property rights. Two questions usually arise: do the spouses’ rights and interests in the community property change if they move to a common law state? And if not, how are these rights and interests protected? The first question …
The New York Law Of Interstate Succession Compared With The Uniform Probate Code: Where There's No Will There's A Way, Julian R. Kossow
The New York Law Of Interstate Succession Compared With The Uniform Probate Code: Where There's No Will There's A Way, Julian R. Kossow
Fordham Urban Law Journal
The purpose of this Article is to analyze, compare, and contrast New York’s law of intestacy with that of the Uniform Probate Code (Code). The Article may serve as a basis for estimating the impact on existing concepts of descent and distribution should New York adopt the Code. It addresses itself to the law of intestate succession, delves into present New York law on the subject, examines corresponding sections of the Code, analyzes the differences, and arrives at an evaluation of the benefits and detriments that adoption of the Code would bring. The final analysis reveals that, on balance, the …
Virginia Survey Of Law: Property Section; Trusts And Estates Section, Lynda L. Butler
Virginia Survey Of Law: Property Section; Trusts And Estates Section, Lynda L. Butler
Faculty Publications
No abstract provided.
Transactions Subject To Gift Tax, Douglas A. Kahn, Earl M. Colson
Transactions Subject To Gift Tax, Douglas A. Kahn, Earl M. Colson
Articles
The gift tax is imposed on the "transfer of property by gift." The term gift is not expressly defined either in the Code or in the Treasury Regulations. However, section 2512(b), dealing with the valuation of gifts, states that "where property is transferred for less than an adequate and full consideration in money or money's worth," the difference between the value of the property transferred and the consideration received constitutes a gift. Thus, for gift tax purposes, the determination of whether a gift was made does not turn so much on the intent of the transferor as it does on …
Recent Developments In Gift And Estate Taxation, Douglas A. Kahn
Recent Developments In Gift And Estate Taxation, Douglas A. Kahn
Other Publications
A summarization of recent tax cases.
Adopted Children In Pennsylvania: A Class Without A Clause, Bruce M. Dolfman, James Charles Schwartzman
Adopted Children In Pennsylvania: A Class Without A Clause, Bruce M. Dolfman, James Charles Schwartzman
Villanova Law Review (1956 - )
No abstract provided.
Book Review, Neill H. Alford, Jr.
Book Review, Neill H. Alford, Jr.
Vanderbilt Law Review
For the decade 1960-1970, any available prize for the most stimulating product of interest to estate planners by an individual writer certainly should go to Dean Thomas L. Shaffer' for "Death, Property, and Lawyers." This is an imaginative and stimulating book. A practicing lawyer who gives close attention to Dean Shaffer's work should be aided in evaluating his relationships with his estate planning clients. Even if this lawyer cannot be brought to a detailed evaluation, he at least will be brought to the threshold of introspection. Dean Shaffer does not attempt to unravel the whole "psychological story" in estate planning; …
Property--Fee Simple Determinables--Distinguishing Characteristics, James Alan Harris
Property--Fee Simple Determinables--Distinguishing Characteristics, James Alan Harris
West Virginia Law Review
No abstract provided.
The New Arkansas Inheritance Laws: A Step Into The Present With An Eye To The Future, Robert R. Wright
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
Medieval Law In The Age Of Space: Some Rules Of Property In Arkansas, Robert R. Wright
Law Faculty Scholarship
No abstract provided.
Operation Of Joint Wills In Texas, Bertel M. Sparks
Operation Of Joint Wills In Texas, Bertel M. Sparks
Faculty Scholarship
No abstract provided.
Review Of Michigan And Federal Estate And Tax Planning, By P. Chirco And S. Ward, Douglas A. Kahn
Review Of Michigan And Federal Estate And Tax Planning, By P. Chirco And S. Ward, Douglas A. Kahn
Reviews
Any evaluation of a book of this nature must be made in light of its purpose and its intended audience. The authors recognize that estate and tax planning is too broad a subject to be treated comprehensively in a single volume, and, consequently, they quite properly made no effort in that direction. Rather, their apparent purpose was to furnish the non-specialist with an annotated form book containing textual discussions of tax and estate planning problems, with particular emphasis on local Michigan law.
Conflict Of Laws And Joint Bank Accounts - An Autopsy Of A Case, Joseph C. Kelly
Conflict Of Laws And Joint Bank Accounts - An Autopsy Of A Case, Joseph C. Kelly
Villanova Law Review (1956 - )
No abstract provided.
A Comparative Analysis Of Civil Law Succession, George A. Pelletier Jr., Michael Roy Sonnenreich
A Comparative Analysis Of Civil Law Succession, George A. Pelletier Jr., Michael Roy Sonnenreich
Villanova Law Review (1956 - )
No abstract provided.
Transfers In Contemplation Of Death - The Golden Anniversary Of Chaos, Thomas C. Siekman
Transfers In Contemplation Of Death - The Golden Anniversary Of Chaos, Thomas C. Siekman
Villanova Law Review (1956 - )
No abstract provided.
Wills--Equitable Conversion, Robert Willis Walker
Wills--Equitable Conversion, Robert Willis Walker
West Virginia Law Review
No abstract provided.
Planning Incompetents' Estates Via Inter-Vivos Distributions, Joseph C. Kelly
Planning Incompetents' Estates Via Inter-Vivos Distributions, Joseph C. Kelly
Villanova Law Review (1956 - )
No abstract provided.