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When the parties to a trust relationship, as well as its subject property, are located in different states, which state's law governs the construction and enforceability of the trust's dispositive provisions? | Charles E. Rounds, Jr. - Suffolk University Law School

Consider the following situation. Settlor owns a thousand acres of land in a domestic-asset- protection haven (DAPT state). While he is alive, he transfers in trust the land to a...
Thomasp Gallanis Place Of Administration Uniform Trust Code What Role

Scriveners of trust instruments, trustees as well, take note: Settlor of inter vivos trust has been held to have exercised via will a reserved right to amend trust during her lifetime | Charles E. Rounds, Jr. - Suffolk University Law School

Under the settlor’s original estate plan (revocable trust and associated pour-over will), upon settlor’s death, all settlor’s children were to receive equal beneficial interests under...
United States Amelia Noel Living Noel Living Trust Uniform Probate Uniform Trust Code

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Is the associated pour-over will superfluous if the settlor of a revocable inter vivos trust and the trustee hold all the settlor's property jointly with right of survivorship? | Charles E. Rounds, Jr. - Suffolk University Law School

Could re-titling an item of one’s property into joint name with the trustee of one’s revocable inter vivos trust render the pour-over will superfluous as to that item? In a good...
United States Helen Schardein Uniform Trust Code

May agent of dying settlor of revocable inter vivos trust effectively transfer to trustee via general assignment title to any property of settlor that may be found in a certain safe deposit box? | Charles E. Rounds, Jr. - Suffolk University Law School

When the beneficiaries of a revocable inter vivos trust are not also those who could take the settlor’s probate estate, the trust needs to be funded as settlor intends while settlor is...
United States Uniform Trust Code

To parse or not to parse the Uniform Trust Code in jurisprudential isolation: What would Justinian and Coke have advised? | Charles E. Rounds, Jr. - Suffolk University Law School

Since time immemorial in the civil-law and common-law traditions, jurisprudential context has been key when it comes to statutory interpretation. As to the civil law, Michel de...
United States Guido Calabresi William Bingham Emperor Justinian James Wilson Frederic William Maitland

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