Estates and Trusts Commons^™

Speaking For The Dead: Voice In Last Wills And Testaments, Karen J. Sneddon

Articles

I do now hereby give, bequeath, and devise all items of tangible personal property that I own or may own a right thereonto, which includes, but is not limited to, objet d'art, furnishings, automobiles, and silver, to my surviving issue per stirpes.

A will is arguably the most important and personal legal document an individual ever executes. As the language above illustrates, much of the typical language in a will removes all traces of the individual. This personal legal document is ostensibly the individual's-the testator's-document. For a testator, contemplating the creation and execution of a will is the contemplation of …

There's A Will, But No Way--Whatever Happened To The Doctrine Of Testamentary Freedom And What Can (Should) We Do To Restore It?, Irene D. Johnson

Elisabeth Haub School of Law Faculty Publications

It is the purpose of this article to examine the current problems surrounding the issue of freedom of testation, to enumerate and evaluate various suggestions that have been proposed for the elimination of these problems, and to propose this writer's suggestion for the restoration of freedom of testation to those who wish to propound non-traditional estate plans. Part I examines, in some detail, the ways in which courts and juries have stymied the exercise of freedom of testation. Part II is devoted to the different suggestions that commentators have put forth for the protection of the non-traditional estate plan. Part …

Use And Disposition Of Life Insurance In Dissolution Of Marriage, Jani Maurer

Barry Law Review

This article explores life insurance considerations in Florida dissolution of marriage proceedings, reviews current applicable law, and suggests methods of effectively dealing with life insurance in the divorce context.

Us Perpetual Trusts, Lawrence W. Waggoner

Articles

In 2009, the UK reconfirmed tis long-standing public policy against perpetual trusts. America has been moving in the opposite direction. Recent years have seen a movement in the states to pass legislation allowing settlors to create family trusts that can last forever or for several centuries. Sadly, and embarrassingly, the American perpetual-trust movement has not been based on the merits of removing the traditional curb on excessive dead-hand control. The policy issues associated with allowing perpetual trusts have not been seriously discussed in the state legislatures. The driving force has been interstate competition for trust business.

Comments: Needlessly Fighting An Uphill Battle: Extensive Estate Planning Complications Faced By Gay And Lesbian Individuals, Including Drastic Resort To Adult Adoption Of Same-Sex Partners, Necessitate Revision Of Maryland's Intestacy Law To Provide Heir-At-Law Status For Domestic Partners, Madeleine N. Foltz

University of Baltimore Law Review

No abstract provided.

The Advance Directive Registry Or Lockbox: A Model Proposal And Call To Legislative Action, Joseph Karl Grant

Journal Publications

In times of need, what portal or place could we go to easily to retrieve a person's advance directives when we have need to employ and use them? A handful of states have come up with a solution. Nevada, Washington, and Vermont now have legislation in place that allow citizens of those states to electronically store their advance directives on the internet -in an electronic lockbox or portal of sorts. These states have addressed a critical need of their citizens: the need to have their advance directives accessible and readily available to health care providers so that their intent and …

The Inauthentic Claim, Anthony J. Sebok

Articles

This Article takes a critical look at the persistence of legal doctrines that prohibit or limit property rights in litigation. The Article focuses on prohibitions on assignment and maintenance. Assignment of personal injury tort claims is prohibited throughout the United States, while the assignment of other claims, such as fraud and professional malpractice, is prohibited in a large number of states. Maintenance, in which a stranger provides something of value to a litigant in order to support or promote the litigation, is prohibited in varying degrees in the United States.

These doctrines might seem quite independent of each other at …

Forcing Life On The Dead: Why The Pregnancy Exemption Clause Of The Kentucky Living Will Directive Act Is Unconstitutional, Kristeena L. Johnson

Kentucky Law Journal

No abstract provided.

Reforming Intestate Inheritance For Stepchildren And Stepparents, Terin Barbas Cremer

Cardozo Journal of Equal Rights & Social Justice

The article advocates for reforming intestate inheritance laws to better address the needs of blended families, particularly stepchildren and stepparents, arguing that current laws fail to reflect the prevalence of such families. It proposes a factors test to determine inheritance rights based on the quality of the stepparent-stepchild relationship, aiming to align legal frameworks with modern family dynamics and better effectuate the decedent's intent.

Copyrights And Creditors: What Will Be Left Of The King Of Pop's Legacy?, Jessica Bozarth

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Vesting Title In A Murderer: Where Is The Equity In The Georgia Supreme Court's Interpretation Of The Slayer Statute In Levenson?, Mark A. Silver

Georgia Law Review

The recent Georgia Supreme Court ruling in Levenson v.
Word exposes difficult interpretative and equitable
questions posed by Georgia's slayer statute. The case
began after Debra Post inherited her husband's estate but
was then arrested for his murder. She used her husband's
life insuranceproceeds and the real property she acquired
through the murder to pay two law firms to defend her in
the murder trial before pleading guilty.
The court-appointedadministratorof the estate sued the
law firms for conversion for not returning these illegally
and immorally acquired funds. Under the Georgia slayer
statute, a murderer forfeits the right to serve as …

An Impregnable Fortress? Possible Attacks On The Singapore Trust?, Hang Wu Tang

Research Collection Yong Pung How School Of Law

In the past ten years, Singapore has emerged as one of the most important wealth management centres in Asia.1 This development can be attributed to a number of factors. First, favourable laws were enacted to encourage high net worth individuals to ‘park’ their money in Singapore. These include changes to laws governing trust companies, confidentiality, taxation rules with regard to foreign earned income, abolition of estate duty and amendments to the Trustees Act.2 Secondly, both the private and public sectors embarked on an aggressive marketing campaign to promote Singapore as a wealth management centre.3 Thirdly, Singapore has one of the …

Causation In The Fiduciary Realm, Deborah A. Demott

Faculty Scholarship

No abstract provided.

Trust And Fiduciary Duty In The Early Common Law, David J. Seipp

Faculty Scholarship

Trust is an expectation that others will act in one’s own interest. Trust also has a specialized meaning in Anglo-American law, denoting an arrangement by which land or other property is managed by one party, a trustee, on behalf of another party, a beneficiary.1 Fiduciary duties are duties enforced by law and imposed on persons in certain relationships requiring them to act entirely in the interest of another, a beneficiary, and not in their own interest.2 This Essay is about the role that trust and fiduciary duty played in our legal system five centuries ago and more.

Front Matter

ACTEC Law Journal

No abstract provided.

Resisting The Contractarian Insurgency: The Uniform Trust Code, Fiduciary Duty, And Good Faith In Contract, Frederick R. Franke Jr.

ACTEC Law Journal

No abstract provided.

Reducing Estate And Trust Litigation Through Disclosure, In Terrorem Clauses, Mediation And Arbitration, Jonathan G. Blattmachr

ACTEC Law Journal

No abstract provided.

Protection Of Inherited Iras, James L. Boring, Richard R. Gans, Meghan E. Gearhart, Nancy Schmidt Roush, Susan B. Slater-Jansen

ACTEC Law Journal

No abstract provided.

Charitable Gifts Made By S Corporations: Opportunities And Challenges, Christopher R. Hoyt

ACTEC Law Journal

This article examines the tax opportunities and tax hazards when a subchapter S corporation makes a charitable gift. The article demonstrates that usually the shareholders of an S corporation and the charity are both better off when an S corporation makes a charitable gift compared to having a shareholder make a charitable gift of S corporation stock. Either way, the income tax benefit will be on the S corporation shareholder's personal income tax return. By having the S corporation make the gift, the parties avoid the "three bad things" that happen when a shareholder donates S corporation stock. The problems …

Managing Family Wealth Through A Private Trust Company, Alan V. Ytterberg, James P. Weller

ACTEC Law Journal

No abstract provided.