Monday, February 16, 2015
Bridget J. Crawford (Professor of Law, Pace University School of Law) & Anthony C. Infanti (Professor of Law, University of Pittsburgh School of Law) recently published an article entitled, A Critical Research Agenda for Wills, Trusts, and Estates, 49 Real Property, Trust and Estate Law Journal, no. 2, 317 (Fall 2014). Provided below is the Authors' synopsis:
The law of wills, trusts, and estates could benefit from consideration of its developments and impact on people of color; women of all colors; lesbian, gay, bisexual, and transgender individuals; low income and poor individuals; the disabled; and non-traditional families. One can measure the law's commitment to justice and equality by understanding the impact on these historically disempowered groups of the laws of intestacy, spousal rights, child protection, will formalities, will contests, and will construction; the creation, operation and construction of trusts; fiduciary administration; creditors' rights; asset protection; nonprobate transfers; planning for incapacity and death; and wealth transfer taxation. This Article reviews examples of what the authors call "critical trusts and estates scholarship" and identifies additional avenues of inquiry that might be fruitfully pursued by other scholars who are interested in bringing an "outsider" perspective to their work in this area.