Thank you to WIlls, Trusts and Estates Prof Blog for the post regarding Fisk University, Cy Pres and Georgia O’Keefe’s Art Collection.
Melanie B. Leslie (Professor of Law, Benjamin N. Cardozo School of Law) recently published her article entitled Time to sever the dead hand: Fisk University and the cost of the cy pres
The question of the rights of inheritance of adopted persons has a long history in this Commonwealth. Until 1855, adoption needed the approval of the state legislature. Then the legislature got out of the adoption business, moving it to the judicial system. The Wills Acts of 1855, 1887, 1889 and 1911 all stated that adopted
Today I listened to the ALI-ABA Webcast "Virtual Representation in Trust and Estate Dispute Resolution: Opportunities and Risks", You can check at the ALI-ABA website to find out when the online version will be available – i highly recommend it. This concept will be increasingly valuable in the resolution of trust and estates disputes. The ALI-ABA
Whom are a person’s heirs? Heirs are those who inherit a decedent’s property if he or she dies without a will. The law has long established that a surviving spouse has a right to receive a share, and then children, or other lineal descendants, inherit. If there are no lineal descendants, then parents are heirs
When I draft wills and trusts I always include definitions of "child" and "descendant:"
"For purposes hereof, the term "child," however expressed, shall refer to any descendant in the first degree of the parent designated. The term "descendant," however expressed, shall include (i) children or more remote descendants, either naturally born or legally adopted, but