Estates and Trusts Commons^™

Zoning And The Cost Of Housing: Evidence From Silicon Valley, Greater New Haven, And Greater Austin, Robert C. Ellickson

Cardozo Law Review

Municipal zoning, shockingly, may be the most consequential regulatory program in the United States. This Article develops metrics for measuring the extent to which a locality’s zoning practices are exclusionary, that is, limit construction of least-cost housing. It applies the metrics to actual zoning ordinances and zoning maps, materials that legal scholars have seldom closely appraised. The municipalities chosen for study lie in three metropolitan areas, the ones listed in the Article’s title. Of the three, zoning in Greater Austin, one of the fastest growing metropolitan areas in the United States, is—to no one’s surprise—the most conducive to housing development. …

From Museum To The Auction Block: Regulating The Deaccessioning Of Art, Jenny Lyubomudrova

Cardozo Law Review

No abstract provided.

Keeping Current - Probate [Notes], Claire Hargrove, Paula Moore, Kerri G. Nipp, William P. Lapiana, Jake W. Villanueva

Articles & Chapters

No abstract provided.

Perpetual Dynasty Trusts: One Of The Most Powerful Tools In The Estate Planner's Arsenal, Brian Layman

Akron Law Review

One of the most effective tools to accomplish the goal of preserving family wealth is a perpetual dynasty trust. Such a trust permits discretionary distributions of income and principal for as many generations (in terms of years) as the state's law allows. Alaska, Arizona, Delaware, Idaho, Illinois, Maryland, Ohio, South Dakota and Wisconsin have abolished, or provided trust settlors with the ability to opt out of their respective Rules Against Perpetuities. This means that a trust established in one of these jurisdictions could last forever. The essence of such a trust is that, if properly drafted and funded, to be …

Wealth Transfer Tax Planning After The Tax Cuts And Jobs Act, John A. Miller, Jeffrey A. Maine

BYU Law Review

On December 17, 2017, Congress passed the Tax Cuts and Jobs Act (TCJA). Among its many impacts, the TCJA increased the inflation-adjusted estate tax basic exclusion amount to $10,000,000 on a temporary basis. This has dramatic implications for many existing and future estate plans, including a major crossover impact on income tax planning. In this Article, we explain the operation of the federal wealth transfer taxes (the estate tax, the gift tax, and the generation skipping transfer tax) in the wake of the TCJA and dissect the basic tax planning techniques for wealth transmission. The overall design of this Article …

Reimagining Postmortem Conception, Kristine Knaplund

Georgia State University Law Review

Hundreds, likely thousands, of babies have been born years after a parent has died. Thousands more people have cryopreserved their sperm, ova, and embryos, or have requested that a loved one’s gametes be retrieved after death to produce still more such children. Twenty-three states have enacted statutes detailing how these postmortem conception children can inherit from their predeceased parents.

And yet, few of these children will be able to inherit. The statutes create a bewildering array of standards, with over a dozen definitions of consent, variations in signature and witnessing requirements, and hurdles imposed in one state but not another. …

The District Of South Carolina's Approach To Post-Removal Damage Stipulations: The Need For One Less "Controversy" In The Amount-In-Controversy Analysis, Samuel C. Williams

South Carolina Law Review

No abstract provided.

The Nonfiduciary "Trust", Jeffrey A. Schoenblum

Vanderbilt Law School Faculty Publications

This article identifies and details the emergence in an increasing number of states of a new trust law that rejects the fundamental tenets of traditional trust law. This alternative concept of the trust liberates the trustee from any meaningful accountability to the beneficiary, the very core concept of traditional trust law. In short, these states are enabling the creation of what might be described as a "nonfiduciary trust."

Keeping Current - Probate [Notes], Claire Hargrove, Paula Moore, Kerri G. Nipp, William P. Lapiana

Articles & Chapters

No abstract provided.

Justifying Anglo-American Trusts Law, Ying Khai Liew

William & Mary Business Law Review

Is the existence of trusts law within Anglo-American law justified? The literature to date does not provide a satisfactory answer. Situating the doctrinal features of trusts law within the liberal tradition of political morality, this Article suggests that trusts law is justified because it enhances personal autonomy in a unique way. It is comprehensively autonomy-enhancing, with express, constructive, and resulting trusts each playing a unique role in achieving this aim. Thus, the law provides a facility for property owners to unilaterally deal with their own property (express trusts), allows individuals the freedom to enlist others in their pursuit of their …

Inheritance Crimes, David Horton, Reid Kress Weisbord

Washington Law Review

The civil justice system has long struggled to resolve disputes over end-of-life transfers. The two most common grounds for challenging the validity of a gift, will, or trust— mental incapacity and undue influence—are vague, hinge on the state of mind of a dead person, and allow factfinders to substitute their own norms and preferences for the donor’s intent. In addition, the slayer doctrine—which prohibits killers from inheriting from their victims—has generated decades of constitutional challenges.

But recently, these controversial rules have migrated into an area where the stakes are significantly higher: the criminal justice system. For example, states have criminalized …

Comparing Family Property Disputes In English And Singapore Law: "Context" Is Everything, Man Yip

Research Collection Yong Pung How School Of Law

This paper examines why Singapore law has not followed English law in the area of beneficial ownership of family property. It points out that the landmark cases in the two jurisdictions are underpinned by different family paradigms.The English landmark cases are based on the unmarried cohabitants paradigm and the legal rules that have emerged from these cases are aimed at, whether successfully or not, ensuring a fair division of the family home upon the breakdown of these relationships. In contrast, the Singapore seminal judgments are underlaid by contests between children over their parents’ property which raised questions as to the …

Appraising Problems, Not Stuff, Chad J. Pomeroy

St. Mary's Law Journal

Abstract forthcoming.

Keeping Current - Probate [Notes], Claire Hargrove, Paula Moore, Kerri G. Nipp, William P. Lapiana

Articles & Chapters

No abstract provided.

Hb 409, A Drastic Departure From Florida’S Traditional Stance On Will Execution Formalities, Justin Shifrin

Journal of Technology Law & Policy

The baby boomer generation is aging, and many of the citizens that belong to this generation are retiring to Florida. Accordingly, Florida is expected to host one of the largest wealth transfers in history. And while the baby boomer population ages, our society is becoming more digitized. Things we traditionally did by pen and paper are now increasingly done by computer and keystroke, and wills are no exception. What was previously considered a document whose sacred nature could only be appreciated by the affixation of a handwritten signature at the bottom thereof, wills are now being drafted, signed, witnessed, and …

When The Sanity Code Becomes The Insanity Code: Following O'Bannon's Lead Is The Key To Solving Group Licensing For Ncaa Student-Athletes, Lee Vanhorn

Arkansas Law Review

"Many times when you lose, it's the greatest opportunity to improve. You have this unique opportunity to make dramatic change that you probably couldn't make when things seem to be going right." A YouTube channel titled “Deestroying” displays unique talents of a Costa Rican immigrant named Donald De La Haye (“De La Haye”). De La Haye has a second channel, “KD Family,” and together, the channels have a combined 486 million views and more than three million subscribers. De La Haye majored in marketing at the University of Central Florida (“UCF”), but creates content for his YouTube channels as his …

Dead Men (And Women) Should Tell Tales: Narrative, Intent, And The Construction Of Wills, Karen J. Sneddon

Articles

The will is one of the most personal legal documents that an individual may ever create. The will is written in first person, present tense. Yet most wills reveal little of the person, the personality, or the personal. The inclusion of the testator’s relationships with people, entities, and property does little to convey the testator’s wishes, hopes, or fears. Some may assert that as a formal legal document, the will should be impersonal and be built using standardized, formulaic phrasing. Not only does such position overstate the accuracy of standardized, formulaic phrasing, but such position also ignores the foundational principle …

Kekuatan Hukum Perjanjian Pengikatan Jual Beli Atas Satuan Rumah Susun Terhadap Developer Yang Melakukan Wanprestasi (Studi Putusan-Putusan Pengadilan), Zipora .

Indonesian Notary

Penelitian ini membahas mengenai putusan-putusan pengadilan yang menentukan kekuatan hukum terhadap Perjanjian Pengikatan Jual Beli (PPJB) atas satuan rumah susun dalam hal developer melakukan wanprestasi berdasarkan studi putusan-putusan pengadilan. Mengingat adanya ketentuan dalam Undang-Undang Nomor 20 Tahun 2011 tentang Rumah Susun (UU Rumah Susun) yang memberikan rumusannya bersifat fakultatif sehingga developer dapat membuat PPJB di bawah tangan. Diikuti dengan lahirnya Peraturan Menteri Pekerjaan Umum dan Perumahan Rakyat (Permen PUPR) Nomor 11 Tahun 2019 tentang Sistem Perjanjian Pendahuluan Jual Beli Rumah yang di dalamnya mengatur bahwa PPJB dibuat dan ditandatangani di hadapan Notaris. Adapun permasalahan yang diangkat dalam penelitian ini meliputi …

The Domains Of Loyalty: Relationships Between Fiduciary Obligation And Intrinsic Motivation, Deborah A. Demott

William & Mary Law Review

Recent scholarly inquiry into fiduciary law predominantly focuses on whether the subject is a coherent field and not a piecemeal assortment of doctrinal detail. This Article looks to the future and to relationships between the formal domain of fiduciary law and other factors that shape conduct. These include intrinsic motivation, markets for professional services, and forces like the operation of reputation. The Article demonstrates that looking across domains, from the legal to the extralegal, casts in sharp relief the reasons why fiduciary law is distinctive. These stem from the specific qualities of relationships to which fiduciary law applies, as well …

Keeping Current - Probate [Notes], Claire Hargrove, Paula Moore, Kerri G. Nipp, William P. Lapiana

Articles & Chapters

No abstract provided.