Exposing The Hocus Pocus Of Trusts,
2015
The University of Akron
Exposing The Hocus Pocus Of Trusts, Kent D. Schenkel
Akron Law Review
Part II makes the conceptual case for viewing the trust as an elective cost-externalization device. Part III offers the spendthrift trust as the archetypal model for purposes of our analysis, briefly describes the spendthrift trust, and explores its consequences to outsiders to the trust deal. Part IV offers some reasons why the elective externalities of trusts persist. Part V first examines and rejects a couple of approaches to minimizing the externalized costs of trusts that rely on the “bundle of sticks” approach to property interests. It then moves beyond the bundle of sticks approach, settling on a solution based on …
A Trustee’S Fiduciary Duties At The Start And End Of Administration,
2015
The Catholic University of America, Columbus School of Law
A Trustee’S Fiduciary Duties At The Start And End Of Administration, Robert Whitman
Catholic University Law Review
Prior to the creation of a trust and at its termination, a trustee’s fiduciary duties are often ambiguous. It is argued that, where fiduciary duties do not exist, contract law may be found to govern the rights of the settlor, the trustee, and the beneficiaries. This article refutes this argument because under the principles of modern contract law, certain conduct may be permitted that would not be acceptable if fiduciary duties existed more clearly. The most common problems arise in three areas: (1) the seeking of a receipt and release by a corporate fiduciary upon an informal termination of a …
How The Über-Wealthy Benefit From Investing Outside Retirement Plans (And How You Can Too),
2015
The Catholic University of America, Columbus School of Law
How The Über-Wealthy Benefit From Investing Outside Retirement Plans (And How You Can Too), Sergio Pareja
Catholic University Law Review
Current law incentivizes the use of traditional retirement plans, but those plans may not actually produce the best long-term tax situation for the taxpayer. The stepped-up basis at death does not apply to what is known as “income in respect of a decedent” (IRD). Generally, IRD is income that cannot be assigned from one person to another for income tax purposes. This includes pre-tax income set aside in a traditional employer-sponsored retirement plan, such as a 401(k) plan, as well as contributions to a deductible individual retirement account (IRA). Thus, stock held within a traditional employer-sponsored retirement plan or a …
Not Your Mother's Will: Gender, Language, And Wills,
2015
Marquette University Law School
Not Your Mother's Will: Gender, Language, And Wills, Karen J. Sneddon
Marquette Law Review
“Boys will be boys, but girls must be young ladies” is an echoing patriarchal refrain from the past. Formal equality has not produced equality in all areas, as demonstrated by the continuing wage gap. Gender bias lingers and can be identified in language. This Article focuses on Wills, one of the oldest forms of legal documents, to explore the intersection of gender and language. With conceptual antecedents in pre-history, written Wills found in Ancient Egyptian tombs embody the core characteristics of modern Wills. The past endows the drafting and implementation of Wills with a wealth of traditions and experiences. The …
When An Ex Can Take It All: The Effect—And Non-Effect—Of Revocation On A Will Post-Divorce,
2015
University of Maryland Francis King Carey School of Law
When An Ex Can Take It All: The Effect—And Non-Effect—Of Revocation On A Will Post-Divorce, Molly Brimmer
Maryland Law Review
No abstract provided.
Heir Property In The African American Community: From Promised Lands To Problem Lands,
2015
Langdale College of Business Administration, Valdosta State University
Heir Property In The African American Community: From Promised Lands To Problem Lands, Roy W. Copeland
Professional Agricultural Workers Journal
Abstract
African American landowners have been reluctant to take advantage of intergenerational succession laws which provide for an orderly transfer of property from one generation to the next. This reluctance has led to a prevalence of heir property. Heir property is created when a person dies intestate. Heir property has created an impediment to wealth accumulation and has contributed to African American land loss in America. Partition actions are a byproduct of heir property which has operated to accelerate the loss of real property in the African American community. The Uniform Partition of Heir Property Act provides for procedural safeguards …
Newsroom: Pbc: Safe Passage Through Guardianship,
2015
Roger Williams University
Newsroom: Pbc: Safe Passage Through Guardianship, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
An Ounce Of Planning Is Worth A Pound Of Litigation Prevention,
2015
University of Oklahoma College of Law
An Ounce Of Planning Is Worth A Pound Of Litigation Prevention, Phyllis C. Taite
Other Faculty Publications
No abstract provided.
How The Ali's Restatement Third Of Property Is Influencing The Law Of Trusts And Estates,
2015
University of Michigan Law School
How The Ali's Restatement Third Of Property Is Influencing The Law Of Trusts And Estates, Lawrence W. Waggoner
Articles
Restatements, once limited to restating existing law, are now substantially devoted to law reform. The ALI's website states its law-reform policy thus: "The American Law Institute is the leading independent organization in the United States producing scholarly work to clarify, modernize, and otherwise improve the law." In 2014, the Brooklyn Law Review published a symposium issue on Restatements of the Law. A paper in that symposium argued against the ALI's law-reform policy. The authors specifically speculated that the reformist rather than restatist character of the recently completed Restatement (Third) of Property: Wills and Other Donative Transfers (Property Restatement) has "very …
Tax Planning: Foreign Investment In United States Real Property,
2015
Kimbrell, Hamann, Jennings, Womack, Carlson & Kniskern
Tax Planning: Foreign Investment In United States Real Property, William H. Newton Iii
Georgia Journal of International & Comparative Law
No abstract provided.
Whose Fault Is It Anyway?: Analyzing The Role “Fault” Plays In The Division Of Premarital Property If Marriage Does Not Ensue,
2015
The Catholic University of America, Columbus School of Law
Whose Fault Is It Anyway?: Analyzing The Role “Fault” Plays In The Division Of Premarital Property If Marriage Does Not Ensue, Arielle L. Murphy
Catholic University Law Review
Whenever an engagement comes to a premature end, the first question that seems to be asked is: “who gets the engagement ring?” This Comment seeks to answer this question. As societal views regarding marriage and a woman’s role within it began to change in the mid-twentieth century, courts started to recognize engagement rings as conditional gifts that were conditioned upon the marriage actually occurring. Even with this framework, states remain divided on whether fault should be included as part of the analysis in determining which party is entitled to the ring if an engagement ends before marriage occurs. This Comment …
The Implications Of Exclusion: How Pregnancy Exclusions Deny Women Constitutional Rights,
2015
Benjamin N. Cardozo School of Law
The Implications Of Exclusion: How Pregnancy Exclusions Deny Women Constitutional Rights, Hannah Schwager
Cardozo Public Law, Policy & Ethics Journal
No abstract provided.
Summary Of In Re Estate Of Murray, 131 Nev. Adv. Op. 8,
2015
Nevada Law Journal
Summary Of In Re Estate Of Murray, 131 Nev. Adv. Op. 8, Godinho M. Vincent
Nevada Supreme Court Summaries
The Court determined NRS Chapter 126 (the Nevada Parentage Act) and not NRS Chapter 123 (Nevada’s probate laws) controls for parentage determinations of potential heirs, including determinations sought for probate matters.
How The Über-Wealthy Benefit From Investing Outside Retirement Plans (And How You Can Too),
2015
University of New Mexico - School of Law
How The Über-Wealthy Benefit From Investing Outside Retirement Plans (And How You Can Too), Sergio Pareja
Faculty Scholarship
Current law incentivizes the use of traditional retirement plans, but those plans may not actually produce the best long-term tax situation for the taxpayer. The stepped-up basis at death does not apply to what is known as “income in respect of a decedent” (IRD). Generally, IRD is income that cannot be assigned from one person to another for income tax purposes. This includes pre-tax income set aside in a traditional employer-sponsored retirement plan, such as a 401(k) plan, as well as contributions to a deductible individual retirement account (IRA). Thus, stock held within a traditional employer-sponsored retirement plan or a …
East Asian Trusts At The Crossroads,
2015
Singapore Management University
East Asian Trusts At The Crossroads, Ying Chieh Wu
Research Collection Yong Pung How School Of Law
The purpose of this article is to scrutinize the legal structure of trusts in Japan, SouthKorea and Taiwan. The so-called infrastructure of the private law of these jurisdictions is rooted in theRoman-Germanic basis, which adopts dichotomous system in respect of that area of privatelaw dealing with property: the law of property and that of obligation. However,the adoption of the trust has caused some problems. Though controversial, thecontract-based view seems to be the majority view in the East Asian civiljurisdictions, yet the property-based view dominates the commonlaw world. However, being influenced by common law, the property-approach isalso asserted by some commentators …
Creation, Administration, And Effectiveness Of The "Failsafe" Trust For Nonresident Aliens,
2015
University of Georgia School of Law
Creation, Administration, And Effectiveness Of The "Failsafe" Trust For Nonresident Aliens, Andrew H. Prussack
Georgia Journal of International & Comparative Law
No abstract provided.
Dispatches From The Trenches Of America's Great Gun Trust Wars,
2015
Northwestern Pritzker School of Law
Dispatches From The Trenches Of America's Great Gun Trust Wars, Lee-Ford Tritt
Northwestern University Law Review
No abstract provided.
Offshore Trustees Beware: No Pre-Levy Notice For You!,
2015
University of Oklahoma College of Law
Offshore Trustees Beware: No Pre-Levy Notice For You!, Phyllis C. Taite
Other Faculty Publications
No abstract provided.
Not Your Mother's Will: Gender, Language, And Wills,
2015
Mercer University School of Law
Not Your Mother's Will: Gender, Language, And Wills, Karen J. Sneddon
Articles
“Boys will be boys, but girls must be young ladies” is an echoing patriarchal refrain from the past. Formal equality has not produced equality in all areas, as demonstrated by the continuing wage gap. Gender bias lingers and can be identified in language. This Article focuses on Wills, one of the oldest forms of legal documents, to explore the intersection of gender and language. With conceptual antecedents in pre-history, written Wills found in Ancient Egyptian tombs embody the core characteristics of modern Wills. The past endows the drafting and implementation of Wills with a wealth of traditions and experiences. The …
Medicaid Planning For Long-Term Care: California Style,
2015
University of Idaho College of Law
Medicaid Planning For Long-Term Care: California Style, John A. Miller
Articles
No abstract provided.
