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Articles 181 - 210 of 3835
Full-Text Articles in Estates and Trusts
Why Do We Ask The Court To Do Something That It Can't? Constitutional And Practical Issues With Judicial Appointment Of Successor Trustees, R. Ethan Ward, Stephen C. Crofford
Why Do We Ask The Court To Do Something That It Can't? Constitutional And Practical Issues With Judicial Appointment Of Successor Trustees, R. Ethan Ward, Stephen C. Crofford
ACTEC Law Journal
No abstract provided.
Constitutional Issues In The Trusts And Estates Field
Constitutional Issues In The Trusts And Estates Field
ACTEC Law Journal
No abstract provided.
Anna Nicole's Constitutional Estates Law Legacy, Dave Fagundes
Anna Nicole's Constitutional Estates Law Legacy, Dave Fagundes
ACTEC Law Journal
No abstract provided.
After Sveen V. Melin, Is There A Contracts Clause Argument Against Laws Retroactively Terminating Child Support Obligations After The Death Of The Obligor Parent?, Diane Kemker
ACTEC Law Journal
No abstract provided.
University Of The District Of Columbia Law Review, University Of The District Of Columbia Law Review
University Of The District Of Columbia Law Review, University Of The District Of Columbia Law Review
University of the District of Columbia Law Review
No abstract provided.
The Curious Case Of The James Brown Estate, Lee-Ford Tritt
The Curious Case Of The James Brown Estate, Lee-Ford Tritt
UF Law Faculty Publications
Great musicians are larger than life, and the most iconic of them become members of an elite musical monarchy: Michael Jackson was the King of Pop, Aretha Franklin was the Queen of Soul, and Prince Rogers Nelson was Prince. Similarly, James Brown, the inventor of funk music, landed a seat at this table of legendary musicians. Although lacking a royal honorific, James Brown was "the Godfather of Soul." The Godfather of Soul, though, shared more than musical prowess with these other iconic musicians. The estates of James Brown, Michael Jackson, Aretha Franklin, and Prince all continue to face legal obstacles—years …
Broken Kinship: Family Property Disputes And The Common Intention Constructive Trust In Singapore, Hang Wu Tang
Broken Kinship: Family Property Disputes And The Common Intention Constructive Trust In Singapore, Hang Wu Tang
Research Collection Yong Pung How School Of Law
There has been a proliferation of common intention constructive trust claims in Singapore. The main reason is that families have acquired real estate using their collective earning power without explicitly considering the individual entitlement of each family member. When a dispute arises, the claim is often pleaded as a common intention constructive trust. The complication with applying the law on the common intention constructive trust is that this is an English doctrine developed to deal with a different social context i.e. the breakdown of the relationship between cohabiting couples. In Singapore, the common intention constructive trust applies primarily in a …
Dol Fiduciary Rule 3.0 Strikeout, Base Knock, Or Home Run?, Antolin Reiber
Dol Fiduciary Rule 3.0 Strikeout, Base Knock, Or Home Run?, Antolin Reiber
DePaul Business & Commercial Law Journal
No abstract provided.
Money Is Morphing - Cryptocurrency Can Morph To Be An Environmentally And Financially Sustainable Alternative To Traditional Banking, Clovia Hamilton
Money Is Morphing - Cryptocurrency Can Morph To Be An Environmentally And Financially Sustainable Alternative To Traditional Banking, Clovia Hamilton
DePaul Business & Commercial Law Journal
No abstract provided.
Survey Evidence In Trademark Actions, Ioana Vasiu And Lucian Vasiu
Survey Evidence In Trademark Actions, Ioana Vasiu And Lucian Vasiu
DePaul Business & Commercial Law Journal
No abstract provided.
Corporate Governance And Compelled Speech: Do State-Imposed Board Diversity Mandates Violate Free Speech?, Salar Ghahramani
Corporate Governance And Compelled Speech: Do State-Imposed Board Diversity Mandates Violate Free Speech?, Salar Ghahramani
DePaul Business & Commercial Law Journal
No abstract provided.
The Real Persons Are The Corporations We Made Along The Way, Leonard Brahin
The Real Persons Are The Corporations We Made Along The Way, Leonard Brahin
DePaul Business & Commercial Law Journal
No abstract provided.
Shakespeare, Succession, And Estate Planning:Lessons From The Bard, Leslie Kiefer Amann
Shakespeare, Succession, And Estate Planning:Lessons From The Bard, Leslie Kiefer Amann
ACTEC Law Journal
Probated in 1616, Shakespeare's Will is surprisingly relevant today. Two daughters survived him, but his only son died at age 11. Wife and daughters could not inherit a business in the theater, so he made changes in structure of the businesses he owned, and reallocated assets to accommodate the loss of his male heir. Shakespeare left no autobiographical information, but by examining his legal documents, we see him shift a thriving business, dependent on the unique talents and active participation of its founder, to passive assets in modified entity structures and generate an income stream for female descendants. Changes made …
The Dark Side Of Codifying U.S. Trust Law, Thomas P. Gallanis
The Dark Side Of Codifying U.S. Trust Law, Thomas P. Gallanis
ACTEC Law Journal
For most of Anglo-American history, trust law was case law. The law of trusts was born and molded in the English Court of Chancery and then re-shaped by the courts of the U.S. states. The U.S. law of trusts primarily was to be found in the decisions of state courts and in respected secondary sources digesting and refining the rules from those decisions, such as the American Law Institute's Restatements and the multi-volume treatises on trust law originally authored by Austin Wakeman Scott or George Gleason Bogert. U.S. trust law no longer is primarily case law. In 2000, the Uniform …
Towards A Review And Reform Of The Gst Tax:Symmetry Of Exemptions, The Reverse Gst Taxelection, And Consistent Inclusion Ratio Reporting, Stephen W. Murphy
Towards A Review And Reform Of The Gst Tax:Symmetry Of Exemptions, The Reverse Gst Taxelection, And Consistent Inclusion Ratio Reporting, Stephen W. Murphy
ACTEC Law Journal
No abstract provided.
Decoding Cryptocurrency Taxes: The Challenges For Estate Planners, Max Angel
Decoding Cryptocurrency Taxes: The Challenges For Estate Planners, Max Angel
Duke Law & Technology Review
In this article, Angel explores the unique challenges of estate planning with cryptocurrency, which include accurately valuing those assets, preserving their value, and addressing the complex tax implications of transferring cryptocurrency to heirs.
Sicelo Edgar Mpanza N.O V Jabulile Lucy Mpanza And Others (28/2023) [2023] Szsc 59 (18/122023), Phakama C. Shili, Simangele D. Mavundla
Sicelo Edgar Mpanza N.O V Jabulile Lucy Mpanza And Others (28/2023) [2023] Szsc 59 (18/122023), Phakama C. Shili, Simangele D. Mavundla
SAIPAR Case Review
This case note provides a critical analysis of the landmark Eswatini Supreme Court case of Mpanza v Mpanza as it pertains to nullification of colonial legislative provisions that discriminate against individuals who were married under customary law during their lifetime by exempting their estates from the jurisdiction of the Master of the High Court. Section 68 of the Administration of Estates Act of 1902 regulates the administration of the estates of Africans who die having contracted a customary marriage and encompasses specific clauses that establish the exclusion of the estates from the jurisdiction of the Master of the High Court. …
Unintended Consequences Of Fetal Personhood Statutes: Examples From Tax, Trusts, And Estates, Bridget J. Crawford, Alexis C. Borders, Katherine Keating
Unintended Consequences Of Fetal Personhood Statutes: Examples From Tax, Trusts, And Estates, Bridget J. Crawford, Alexis C. Borders, Katherine Keating
Elisabeth Haub School of Law Faculty Publications
The laws of taxation, trusts, and estates are new fronts in the culture wars over abortion. After the Supreme Court's 2022 decision in Dobbs v. Jackson Women's Health Organization, some anti-abortion states enacted fetal personhood statutes that have the potential to unsettle and destabilize longstanding legal doctrines that otherwise create predictability and stability in the laws of taxation and succession. This Article makes three principal claims: descriptive, predictive, and normative. First, the Article explores how Dobbs opened the door for states like Georgia to treat zygotes-embryos-fetuses as “dependents” for state income tax purposes. Second, the Article identifies some of the …
Speed Networking Event, Cardozo Trusts And Estates Law Society
Speed Networking Event, Cardozo Trusts And Estates Law Society
2023–2024 Flyers
No abstract provided.
Is A Will Better Than Intestacy?, Kristine S. Knaplund
Is A Will Better Than Intestacy?, Kristine S. Knaplund
University of Cincinnati Law Review
No abstract provided.
Artful Imbalance: How The Us Tax Code And State Trust Laws Enable The Growth Of Inequality Through High-Value Art Collections, Mimi Strauss
Artful Imbalance: How The Us Tax Code And State Trust Laws Enable The Growth Of Inequality Through High-Value Art Collections, Mimi Strauss
Brooklyn Law Review
The United States has become the leading jurisdiction for those who wish to buy and store high-value art and NFTs, pay as few taxes as possible, and ultimately secure their wealth for generations. This “onshore” tax crisis is the result of tax loopholes, money laundering, the securitization of art and NFTs, and the state-by-state trust system. These forms of tax dodging—both legal and illegal—contribute to wealth inequality and deplete the welfare state. As natural disasters and pandemics become ever more present, the United States will rely more heavily on taxes, and that burden should be carried by everyone, not just …
Resolving Unfairness In A Fair Way: How The Grantor Trust Rules Should Be Reformed, Aaron T. Anderson
Resolving Unfairness In A Fair Way: How The Grantor Trust Rules Should Be Reformed, Aaron T. Anderson
ACTEC Law Journal
Affluent taxpayers often create one or more grantor trusts to achieve significant tax savings. By leveraging mismatches in the rules between the income and estate tax systems, these taxpayers avoid the compressed income tax brackets of trusts while minimizing the property that is included in their estates for estate tax purposes. Some commentators have argued that reform is needed to remove such mismatches. Yet, trusts that rely on the current grantor trust rules abound. This Note (1) provides a background and history of the rules and use of grantor trusts, (2) argues that harmonizing the estate and income tax systems …
The Importance Of Language In The Context Of Heirs' Property Policymaking, Molefi Mcintosh
The Importance Of Language In The Context Of Heirs' Property Policymaking, Molefi Mcintosh
ACTEC Law Journal
No abstract provided.
Policy Over Doctrine: A Brief History Of Us Trust Law, Lucas Clover-Alcolea
Policy Over Doctrine: A Brief History Of Us Trust Law, Lucas Clover-Alcolea
ACTEC Law Journal
US trust law is unique because whereas in English law the settlor drops out of the picture once he has created the trust, in the US the settlor’s intentions remain paramount. This fundamental difference in turn permits the recognition of spendthrift trusts, whereby the beneficial interest cannot be alienated, in the US whereas in England such trusts are generally invalid. Similarly, whereas in English law the beneficiaries of absolute trusts, and on occasion discretionary trusts, can collectively implode the trust by forcing the trustee to convey the trust fund to them via a Saunders v Vautier application, this is generally …
Unpacking The Digital Vault: Estate Planning Considerations For Non-Fungible Tokens, Ryan D. Tosto
Unpacking The Digital Vault: Estate Planning Considerations For Non-Fungible Tokens, Ryan D. Tosto
ACTEC Law Journal
The purpose of this article is to shed some light on the emerging, yet largely undefined, principle of openness in EU law. After addressing the semantic confusion existing between openness and transparency, it attempts, through a textual and systemic interpretation of their respective legal bases, to identify the normative content of the European Union's turn to openness. It then explores the principle s potential for attaining its declared Treaty-sanctioned objectives: promoting good governance and ensuring the participation of civil society in the democratic life of the Union. It illustrates that, although openness largely maintains an instrumental rationale, aimed at enhancing …
Not Such Massively Discretionary Trusts: Proper Purposes Doctrine And Protectors As Means Of Control, Man Yip, Hang Wu Tang
Not Such Massively Discretionary Trusts: Proper Purposes Doctrine And Protectors As Means Of Control, Man Yip, Hang Wu Tang
Research Collection Yong Pung How School Of Law
Innovation in drafting trust deeds has been central to international trust practice resulting in the discretionary trusts being the norm in modern wealth management. In a seminal article, Lionel Smith observes that these trust drafting practices have ‘led to an increase in the dispositive discretions held by trustees’. His analysis deprecates this development where the ‘trustees’ dispositive discretions effectively govern the whole trust structure’—which he labels ‘massively discretionary trusts’. Smith goes on to detail the various legal risks entailed in massively discretionary trusts which generally arise from the fact that the explicitly identified residuary or default beneficiaries are usually not …
The New Undue Influence, David Horton, Reid K. Weisbord
The New Undue Influence, David Horton, Reid K. Weisbord
Utah Law Review
The doctrine of undue influence has long been the problem child of inheritance law. Undue influence, a hazy combination of fraud and duress, supposedly invalidates bequests that a beneficiary obtained by overriding the volition of a vulnerable testator or settlor. But because relationships are complex, concepts like free will are slippery, and challenges to do native transfers are litigated after the owner dies, courts struggle to apply the rule. Making matters worse, fact finders exploit the principle’s vagueness to protect a decedent’s family at the expense of non-traditional relationships. As a result, scholars have criticized undue influence fordecades, with some …