Topic
Intestacy
138 published works
Wills, Trusts & Estates Prof Blog
Survivorship provision prevents the application of the anti-lapse statute
The testatrix made a specific devise of real property and gave her residuary estate to her three sisters, provided that “if any sister should predecease me, the surviving sister(s) shall…
LawSites
New Site Calculates Impact of Intestacy
When someone dies without a will, the impact on his or her estate depends on the state in which the decedent resided. A handy new intestacy calculator -- the central…
Wills, Trusts & Estates Prof Blog
Australian Intestacy Laws and Indigenous People
Prue E. Vines (Associate Professor, University of New South Wales) has recently posted her article entitled Drafting Wills for Indigenous People: Pitfalls and Considerations on SSRN.Here is the abstract of…
Wills, Trusts & Estates Prof Blog
Divorce and Step-Child Bequest
In re Estate of Nash, 2007 WL 1163925 (Tex. 2007), Testator’s will left his entire estate to Wife, but if Wife failed to survive him by thirty days, to Step-Daughter. …
Wills, Trusts & Estates Prof Blog
Intestacy — One Day Makes The Difference
In 1942, Leonard Jotham and Margaret Jotham were married. They had Diann Jotham [later Diann Nelson] while married. In 1947, Leonard and Margaret were divorced. Margaret Jotham gave birth to…
Wills, Trusts & Estates Prof Blog
Modernization of Intestate Succession
Browne C. Lewis (Professor, University of Detroit Mercy School of Law) has recently posted on SSRN her article entitled One Size Does Not Fit All: A Proposal to Create a…
Wills, Trusts & Estates Prof Blog
Analysis of Anna Nicole Smith’s Will
Below are my comments regarding the Will of Vickie Lynn Marshall, aka Anna Nicole Smith. Note that the comments are general in nature and reflect my opinion. Also note that…
Wills, Trusts & Estates Prof Blog
Anna Nicole Smith — Terms of Will Revealed
According to Movie & TV News, IMDb.com (Feb. 14, 2007), Anna Nichole Smith executed her will in 2001 and contains the following provisions:The sole beneficiary was Anna's son, Daniel. Because…
Wills, Trusts & Estates Prof Blog
Are Parents Getting Too Much When Their Children Die Intestate?
Prof. Ronald J. Scalise, Jr. (Louisiana State University) has recently published his article entitled Honor Thy Father and Mother?: How Intestacy Law Goes Too Far in Protecting Parents, 37 Seton…
Wills, Trusts & Estates Prof Blog
Texas Legislative and Judicial Update
In Wills and Trusts, 59 SMU L. Rev. 1603 (2006), Gerry W. Beyer discusses recent legislative and judicial developments relating to the Texas law of intestacy, wills, estate administration, trusts,…