Family, Law, and Inheritance in America PDF Download

Author: Yvonne Pitts
Publisher: Cambridge University Press
ISBN: 1107035503
Category : History
Languages : en
Pages : 219

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Book Description
Yvonne Pitts explores nineteenth-century inheritance practices by focusing on testamentary capacity trials in Kentucky in which disinherited family members challenged relatives' wills, claiming the testator lacked the capacity required to write a valid will. By anchoring the study in the history of local communities and the texts of elite jurists, Pitts demonstrates that "capacity" was a term laden with legal meaning and competing communal values.

Author: Marvin Sussman
Publisher: Russell Sage Foundation
ISBN: 1610446984
Category : Social Science
Languages : en
Pages : 382

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Book Description
Two sociologists and a lawyer examine here the attitudes of both survivors and attorney on various problems surrounding inheritance—from will-making through estate settlement. Within a legal frame of reference, this book is a study of what happens within a family at death—and why. The authors use the "inheritance unit" as the basis for looking at the functions of inheritance in intergenerational family continuity and the general patterns of family relationship.

Author: Rebecca Probert
Publisher:
ISBN: 9789403547176
Category : Law
Languages : en
Pages : 0

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Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this concise exposition and analysis of the essential elements of law with regard to family relations, marital property, and succession to estates in England and Wales covers the legal rules and customs pertaining to the intertwined civic status of persons, the family, and property. After an informative general introduction, the book proceeds to an in-depth discussion of the sources and instruments of family and succession law, the authorities that adjudicate and administer the laws, and issues surrounding the person as a legal entity and the legal disposition of property among family members. Such matters as nationality, domicile, and residence; marriage, divorce, and cohabitation; adoption and guardianship; succession and inter vivos arrangements; and the acquisition and administration of estates are all treated to a degree of depth that will prove useful in nearly any situation likely to arise in legal practice. The book is primarily designed to assist lawyers who find themselves having to apply rules of international private law or otherwise handling cases connected with England and Wales. It will also be of great value to students and practitioners as a quick guide and easy-to-use practical resource in the field, and especially to academicians and researchers engaged in comparative studies by providing the necessary, basic material of family and succession law.

Author: Douglas Abrams
Publisher: West Academic Publishing
ISBN: 9781642428605
Category :
Languages : en
Pages : 0

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Book Description
This popular family law casebook engages students by presenting core family law doctrine while exploring significant transformations in American families and cutting-edge policy debates. It highlights the important role of constitutional law--and other areas of state and federal law--in shaping family law. The book invites students to consider questions of family definition and governmental regulation of families in light of family law's purposes. It charts family law's evolving approach to adult-adult and parent-child (and other caretaker-dependent) relationships, emphasizing that contemporary families take a variety of forms. The Sixth Edition updates all chapters to reflect the latest family law developments, such as the legal treatment of nonmarital families (including plural relationships) and nonbiological parenting as well as recent Supreme Court decisions. It integrates material previously covered in separate chapters on ethical issues in family law practice and jurisdiction into the contexts in which they arise, such as divorce, child custody, and division of marital property. The Sixth Edition has new material highlighting the intersection of family law with race, gender, class, immigration, sexual orientation, and gender identity. As with previous editions, the casebook contains ample problems for students to apply doctrine to realistic factual contexts and highlights practical dynamics of family law practice. The 6th edition: Thoroughly examines the impact of recent Supreme Court cases on family law, including Dobbs v. Jackson Women's Health Organization (and provides teachers with shorter and longer versions of that case), and Golan v. Saada Includes attention to the role of race and racism in laws that shape and regulate the family, with case law addressing marriage, divorce, and inheritance rights of formerly enslaved persons and a post-Loving v. Virginia case challenging the continued requirement that couples disclose race on a marriage license Provides a restructured chapter on the legal consequences of marriage, spousal roles within marriage, and the gender revolution within family law and related fields Includes new developments on marriage requirements, including state minimum age laws and common-law marriage rules, and addresses First Amendment challenges, post-Masterpiece Cakeshop, to civil marriage equality and state antidiscrimination laws Includes new coverage of the intersection of immigration and family law Addresses changes in legal approaches to nonmarital families, including multi-adult domestic partnerships and the Uniform Cohabitants' Economic Remedies Act Provides updated treatment of custody and parenting time issues, including parenting gender-expansive children Provides a restructured chapter on intimate partner violence (IPV), including updates on various factors impacting IPV and shifting gun control statutes and caselaw affecting civil protection orders Provides new consideration of child support issues, including joint custody and subsequent families Provides revised problems in anticipation of the NextGen Bar Exam

Author: Lee Ellis
Publisher: Academic Press
ISBN: 0128092947
Category : Psychology
Languages : en
Pages : 492

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Book Description
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: Harry L Munsinger J D, PH D
Publisher:
ISBN: 9781480898417
Category :
Languages : en
Pages : 176

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Book Description
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: Eileen Spring
Publisher: Univ of North Carolina Press
ISBN: 0807864706
Category : History
Languages : en
Pages : 212

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Book Description
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: David E. Narrett
Publisher:
ISBN:
Category : History
Languages : en
Pages : 272

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Book Description
This book breaks new ground by offering the first detailed and systematic analysis of inheritance practices in New York City from the beginning of Dutch settlement in the 1620s to the onset of the American Revolution. By analyzing a broad range of original sources--including more than 2,300 wills--David E. Narrett shows how the transmission of property at death reflected the distribution of power and authority within the family. The author makes an especially important contribution to early New York history by explaining the Dutch origins of social and family customs, and by tracing the persistence of Dutch ways following the English conquest of New Netherland in 1664. He demonstrates that seventeenth-century Dutch law was particularly favorable to women since it sanctioned community property within marriage, the drafting of mutual wills by spouses, and the equal (or nearly equal) division of property among all children. While the book maintains its comparative focus on the Dutch and English traditions, it also includes material on other ethnic groups (for example, French Huguenots and Jews) living in a pluralistic society. Narrett utilizes both Dutch and English language sources to examine such pertinent topics as the relationship between law and social custom, primogeniture, kinship and communal ties, charitable bequests, the manumission of slaves, and the literacy level of testators.Written in a clear and precise manner, the book includes many tables that will give readers immediate access to supporting data, and a conclusion establishes the relationship of Narrett's findings to relevant scholarship. A valuable addition to the literature on inheritance, this is a book whose conclusions and data will be mined by colonialists, legal historians, and historians of women and the family.

Author: Thomas M. Shapiro
Publisher: Russell Sage Foundation
ISBN: 1610444957
Category : Social Science
Languages : en
Pages : 404

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Book Description
Over the past three decades, average household wealth in the United States has declined among all but the richest families, with a near 80 percent drop among the nation's poorest families. Although the national debate about inequality has focused on income, it is wealth—the private assets amassed and passed on within families—that provides the extra economic cushion needed to move beyond mere day-to-day survival. Assets for the Poor is the first full-scale investigation into the importance of family wealth and the need for policies to encourage asset-building among the poor. Assets for the Poor shows how institutional mechanisms designed to encourage acquisition of capital and property favor middle-class and high-income families. For example, the aggregate value of home mortgage tax deductions far outweighs the dollar amount of the subsidies provided by Section 8 rental vouchers and public housing. Banking definitions of creditworthiness largely exclude minorities, and welfare rules have made it nearly impossible for single mothers to accumulate savings, let alone stocks or real estate. Due to persistent residential segregation, even those minority families who do own homes are often denied equal access to better schools and public services. The research in this volume shows that the poor do make use of the assets they have. Cash gifts—although small in size—are frequent within families and often lead to such positive results as homebuying and debt reduction, while tangible assets such as tools and cars help increase employment prospects. Assets for the Poor examines policies such as Individual Development Account tax subsidies to reward financial savings among the poor, and more liberal credit rules to make borrowing easier and less costly. The contributors also offer thoughtful advice for bringing the poor into mainstream savings institutions and warn against developing asset building policies at the expense of existing safety net programs. Asset-building for low-income families is a powerful idea that offers hope to families searching for a way out of poverty. Assets for the Poor challenges current thinking regarding poverty reduction policies and proposes a major shift in the way we think about families and how they make a better life. A Volume in the Ford Foundation Series on Asset Building

Author: Lawrence M. Friedman
Publisher: Stanford University Press
ISBN: 0804771081
Category : Law
Languages : en
Pages : 342

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Book Description
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.