History Of Inheritance Law
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Author | : Harry L Munsinger J D, PH D |
Publisher | : |
Total Pages | : 176 |
Release | : 2020-11-09 |
Genre | : |
ISBN | : 9781480898417 |
Experts estimate that eighty percent of household wealth is inherited, and the average American who died in 2015 left approximately $177,000 to his or her family. Harry L. Munsinger, a lawyer practicing in Texas, explores the history of inheritance law in this fascinating book. Topics include: - English laws of succession, which evolved to favor wealthy families by passing real estate and family titles to the eldest surviving son. In contrast, the American colonies developed a democratic system of inheritance where land was divided equally among all the sons. - Goals of early inheritance laws, which were to keep ancestral lands in the family and to determine who would take the land when a father died. - Ways American laws of succession followed English common law during the colonial period and then developed variations more suited to America's social and economic needs after the colonies won their independence from Britain. The author also highlights how any interested party can allege a defect in the execution of a will, how trusts were developed by courts of equity to avoid the rigid rules of English common law governing legal title and use of real property, and how families can safely and effectively transfer wealth.
Author | : |
Publisher | : BRILL |
Total Pages | : 430 |
Release | : 2020-07-13 |
Genre | : Law |
ISBN | : 9004435581 |
Nordic Inheritance Law through the Ages – Spaces of Action and Legal Strategies explores the significance of inheritance law from medieval times to the present through topical and in-depth studies that bring life to historical and contemporary inheritance practices. The contributions cover three themes: status of persons and options in the process of property devolution; wills, gift-giving and legal disputes as means to shape the working of the law; processes of inheritance legislation. The authors focus on instances where legal strategies of various actors particularly reveal inheritance law as a contested and yet constrained space of action, and somewhat surprisingly show similar solutions to family law issues dealt with in other Western European countries. Contributors are: Simone Abram, Gitte Meldgaard Abrahamsen, Per Andersen, Agnes S. Arnórsdóttir, John Asland, Knut Dørum, Thomas Eeg, Ian Peter Grohse, Marianne Holdgaard, Astrid Mellem Johnsen, Már Jónsson, Mia Korpiola, Gabriela Bjarne Larsson, Auður Magnúsdóttir, Bodil Selmer, Helle I. M. Sigh, and Miriam Tveit.
Author | : Lawrence M. Friedman |
Publisher | : Stanford University Press |
Total Pages | : 342 |
Release | : 2009-03-09 |
Genre | : Law |
ISBN | : 0804771081 |
The law of succession rests on a single brute fact: you can't take it with you. The stock of wealth that turns over as people die is staggeringly large. In the United States alone, some $41 trillion will pass from the dead to the living in the first half of the 21st century. But the social impact of inheritance is more than a matter of money; it is also a matter of what money buys and brings about. Law and custom allow people many ways to pass on their property. As Friedman's enlightening social history reveals, a decline in formal rules, the ascendancy of will substitutes over classic wills, social changes like the rise of the family of affection, changing ideas of acceptable heirs, and the potential disappearance of the estate tax all play a large role in the balance of wealth. Dead Hands uncovers the tremendous social and legal importance of this rite of passage, and how it reflects changing values and priorities in American families and society.
Author | : Eileen Spring |
Publisher | : Univ of North Carolina Press |
Total Pages | : 212 |
Release | : 2000-11-09 |
Genre | : History |
ISBN | : 0807864706 |
Eileen Spring presents a fresh interpretation of the history of inheritance among the English gentry and aristocracy. In a work that recasts both the history of real property law and the history of the family, she finds that one of the principal and determinative features of upper-class real property inheritance was the exclusion of females. This exclusion was accomplished by a series of legal devices designed to nullify the common-law rules of inheritance under which--had they prevailed--40 percent of English land would have been inherited or held by women. Current ideas of family development portray female inheritance as increasing in the seventeenth and eighteenth centuries, but Spring argues that this is a misperception, resulting from an incomplete consideration of the common-law rules. Female rights actually declined, reaching their nadir in the eighteenth century. Spring shows that there was a centuries-long conflict between male and female heirs, a conflict that has not been adequately recognized until now.
Author | : Lee Ellis |
Publisher | : Academic Press |
Total Pages | : 492 |
Release | : 2018-01-26 |
Genre | : Psychology |
ISBN | : 0128092947 |
The Handbook of Social Status Correlates summarizes findings from nearly 4000 studies on traits associated with variations in socioeconomic status. Much of the information is presented in roughly 300 tables, each one providing a visual snapshot of what research has indicated regarding how a specific human trait appears to be correlated with socioeconomic status. The social status measures utilized and the countries in which each study was conducted are also identified.QUESTIONS ADDRESSED INCLUDE THE FOLOWING: - Are personality traits such as extraversion, competitiveness, and risk-taking associated with social status? - How universal are sex differences in income and other forms of social status? - What is the association between health and social status? - How much does the answer vary according to specific diseases? - How well established are the relationships between intelligence and social status? - Is religiosity associated with social status, or does the answer depend on which religion is being considered? - Are physiological factors correlated with social status, even factors involving the brain? - Finally, are there as yet any "universal correlates of social status"?
Author | : Hendrik Hartog |
Publisher | : Harvard University Press |
Total Pages | : 259 |
Release | : 2012-01-15 |
Genre | : Family & Relationships |
ISBN | : 0674283198 |
We all hope that we will be cared for as we age. But the details of that care, for caretaker and recipient alike, raise some of life’s most vexing questions. From the mid-nineteenth to the mid-twentieth century, as an explosive economy and shifting social opportunities drew the young away from home, the elderly used promises of inheritance to keep children at their side. Hendrik Hartog tells the riveting, heartbreaking stories of how families fought over the work of care and its compensation. Someday All This Will Be Yours narrates the legal and emotional strategies mobilized by older people, and explores the ambivalences of family members as they struggled with expectations of love and duty. Court cases offer an extraordinary glimpse of the mundane, painful, and intimate predicaments of family life. They reveal what it meant to be old without the pensions, Social Security, and nursing homes that now do much of the work of serving the elderly. From demented grandparents to fickle fathers, from litigious sons to grateful daughters, Hartog guides us into a world of disputed promises and broken hearts, and helps us feel the terrible tangle of love and commitments and money. From one of the bedrocks of the human condition—the tension between the infirmities of the elderly and the longings of the young—emerges a pioneering work of exploration into the darker recesses of family life. Ultimately, Hartog forces us to reflect on what we owe and are owed as members of a family.
Author | : Andrew M. Riggsby |
Publisher | : Cambridge University Press |
Total Pages | : 295 |
Release | : 2010-06-14 |
Genre | : History |
ISBN | : 052168711X |
Andrew Riggsby provides a survey of the main areas of Roman law, and their place in Roman life.
Author | : Mashood A. Baderin |
Publisher | : Oxford University Press, USA |
Total Pages | : 177 |
Release | : 2021 |
Genre | : Islamic law |
ISBN | : 0199665591 |
Islamic law is one of the major legal systems in the world today, yet it is often misunderstood, particularly in the West. This book provides a critical overview of the theory, scope, and practice of Islamic law, taking into account both classical and modern scholarly perspectives in examining the various facets of this key legal system.
Author | : Kenneth G C Reid |
Publisher | : Oxford University Press |
Total Pages | : 832 |
Release | : 2020-10-09 |
Genre | : Law |
ISBN | : 0192590731 |
This third volume in a series on Comparative Succession Law concerns the entitlement of family members to override the provisions of a deceased person's will to obtain money or assets (or more money or assets) from the person's estate. Some countries, notably those in the civil law tradition (such as France or Germany), confer a pre-ordained share of the deceased's estate or of its value on certain members of the deceased's family, and especially on the deceased's children and spouse. Other countries, notably those in the common law tradition (such as England, Canada, or Australia), leave the matter to the discretion of the court, the amount awarded depending primarily on financial need. Whichever form it takes, mandatory family provision is both a protection against disinheritance and also, therefore, a restriction on testamentary freedom. The volume focuses on Europe and on countries influenced by the European experience. In addition to detailed treatment of the law in Austria, England and Wales, France, Germany, Hungary, Italy, the Netherlands, Norway, Poland, Scotland, and Spain, the book also has chapters on Australia and New Zealand, South Africa, the United States, Canada, the countries of Latin America, and the People's Republic of China. Some other countries are covered more briefly, and there is a separate chapter on Islamic law. The book opens with accounts of Roman law and of the law in medieval and early-modern Europe, and it concludes with a comparative assessment of the law as it is today in the countries and legal traditions surveyed in this volume.
Author | : David Joulfaian |
Publisher | : MIT Press |
Total Pages | : 213 |
Release | : 2024-02-06 |
Genre | : Business & Economics |
ISBN | : 026255111X |
A comprehensive and accessible account of the U.S. estate tax, examining its history and evolution, structure and inner workings, and economic consequences. Governments have been levying some form of inheritance tax since the ancient Egyptians did so in the seventh century BC. In the United States, the federal government experimented with various forms of inheritance taxes, settling on an estate tax in 1916 and a gift tax in 1932. Despite this long history, there are few empirical studies of the federal estate tax. This book offers the first comprehensive look at U.S. estate and inheritance taxes, examining their history and evolution, structure and inner workings, and economic consequences. Written by David Joulfaian, a veteran economist at the U.S. Department of the Treasury, the book provides accessible accounts of such topics as changes in tax laws, issues of equity, the fiscal contribution of the estate tax, and its behavioral effects. Joulfaian traces the evolution of U.S. inheritance taxes from 1797 to the present, noting that the estate tax rate and base expanded through 1976, then began to decline. He describes the tax itself, explaining that it currently applies to estates and gifts in excess of $11.18 million, and outlines applicable deductions and credits. He sketches a profile of taxpayers and their beneficiaries; surveys the revenues from estate and gift taxes; and discusses the effect of estate taxation on labor decisions, saving and wealth accumulation, charitable giving, life insurance ownership, and other economic activities. Finally, he addresses criticisms of the estate tax and analyzes its shortcomings. Accompanying tables present a wealth of data gathered by Joulfaian in his research and not available elsewhere.