History of Inheritance Law

History of Inheritance Law

Author: Harry L Munsinger J D, PH D

Publisher:

Published: 2020-11-09

Total Pages: 176

ISBN-13: 9781480898417

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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.


Nordic Inheritance Law through the Ages

Nordic Inheritance Law through the Ages

Author:

Publisher: BRILL

Published: 2020-07-13

Total Pages: 430

ISBN-13: 9004435581

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The articles in Nordic Inheritance Law through the Ages – Spaces of Action and Legal Strategies explore the significance of inheritance law through the use of topical and in-depth studies that bring life to historical and contemporary Nordic inheritance law practices.


Dead Hands

Dead Hands

Author: Lawrence M. Friedman

Publisher: Stanford University Press

Published: 2009-03-09

Total Pages: 342

ISBN-13: 0804771081

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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.


Family, Law, and Inheritance in America

Family, Law, and Inheritance in America

Author: Yvonne Pitts

Publisher: Cambridge University Press

Published: 2013-05-20

Total Pages: 219

ISBN-13: 1107035503

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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.


Law, Land, and Family

Law, Land, and Family

Author: Eileen Spring

Publisher: Univ of North Carolina Press

Published: 2000-11-09

Total Pages: 212

ISBN-13: 0807864706

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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.


Someday All This Will Be Yours

Someday All This Will Be Yours

Author: Hendrik Hartog

Publisher: Harvard University Press

Published: 2012-01-15

Total Pages: 259

ISBN-13: 0674283198

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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.


Fathers of Conscience

Fathers of Conscience

Author: Bernie D. Jones

Publisher: University of Georgia Press

Published: 2011-08-15

Total Pages: 214

ISBN-13: 0820342300

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Fathers of Conscience examines high-court decisions in the antebellum South that involved wills in which white male planters bequeathed property, freedom, or both to women of color and their mixed-race children. These men, whose wills were contested by their white relatives, had used trusts and estates law to give their slave partners and children official recognition and thus circumvent the law of slavery. The will contests that followed determined whether that elevated status would be approved or denied by courts of law. Bernie D. Jones argues that these will contests indicated a struggle within the elite over race, gender, and class issues--over questions of social mores and who was truly family. Judges thus acted as umpires after a man's death, deciding whether to permit his attempts to provide for his slave partner and family. Her analysis of these differing judicial opinions on inheritance rights for slave partners makes an important contribution to the literature on the law of slavery in the United States.


Islamic Law

Islamic Law

Author: Mashood A. Baderin

Publisher: Oxford University Press, USA

Published: 2021

Total Pages: 177

ISBN-13: 0199665591

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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.


Handbook of Social Status Correlates

Handbook of Social Status Correlates

Author: Lee Ellis

Publisher: Academic Press

Published: 2018-01-26

Total Pages: 492

ISBN-13: 0128092947

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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"?