Estates & Trusts Law

E. Gary Spitko, The Will As An Implied Unilateral Arbitration Contract

68 Fla. L. Rev. 49 Abstract A consensus has begun to develop in the case law, the academic commentary, and the statutory reform movement that a testator’s provision in her will mandating arbitration of any challenge to the will should not be enforceable against a beneficiary who has not agreed to the arbitration provision, at […]

Reid Kress Weisbord, Trust Term Extension

Over the last thirty years, most jurisdictions in the United States have repealed or abrogated the Rule Against Perpetuities, which prohibits perpetual donor control over property. This, in turn, has led estate planning practitioners to consider whether a trust created to comply with the Rule could, after the Rule’s repeal, be extended in perpetuity to […]

Frances H. Foster, Should Pets Inherit?

63 Fla. L. Rev. 801 (2011)|  | | ARTICLE :: On August 20, 2007, billionaire hotelier Leona Helmsley died, survived by her brother, four grandchildren, twelve great-grandchildren, and her beloved companion of eight years, a white Maltese dog named Trouble. One week later came news that shocked the world. Helmsley left $12 million to Trouble.

Shannon Weeks McCormack, Too Close to Home: Limiting the Organizations Subsidized by the Charitable Deduction to Those in Economic Need

63 Fla. L. Rev. 857 (2011)|  | | ARTICLE :: The charitable deduction allows taxpayers to deduct amounts donated to organizations pursuing statutorily designated purposes from their otherwise taxable income. By lowering the after-tax cost of giving and encouraging taxpayers to donate more than they otherwise would, the charitable deduction subsidizes a broad variety of organizations. […]

Lauren A. Kirkpatrick, Treading on Sacred Ground: Denying the Appointment of a Testator's Nominated Personal Representative

63 Fla. L. Rev. 1041 (2011)|  | | PDF CASE COMMENT, Schleider v. Estate of Schleider, 770 So. 2d 1252 (Fla. 4th DCA 2000) :: Muriel’s mother had just died. She and her sister, Orit, had been fighting for years during their parents’ guardianship. Now Orit was bringing Muriel to court over who would act as […]

Solangel Maldonado, Illegitimate Harm: Law, Stigma, and Discrimination Against Nonmarital Children

63 Fla. L. Rev. 345 (2011)| |  | | ABSTRACT :: No one would dispute that for most of U.S. history, nonmarital children suffered significant legal and societal discrimination. Although many individuals believe that the legal disadvantages attached to “illegitimate” status have disappeared in the last forty years, this Article demonstrates that the law continues to […]