Airbrushed Heirs: The Problem of Children Omitted from Wills
Adam J. Hirsch
This Article addresses rules designed to protect children from unintentional disinheritance. The Article examines the problem in the abstract and in the concrete, assessing the merits of the twin theories-mistaken omission and failure to account for changed circumstances-on which lawmakers predicate rules to protect omitted children, as well as exploring the extant legislative variants of those rules. The Article concludes that current legislation (including the Uniform Probate Code) is insensitive to the problem's complexities and proposes legislative revisions-among them, the substitution of transient for permanent presumptions in some cases-or, in the alternative, a switch to discretionary rules. In the course of addressing the problem's ramifications, the Article also undertakes the first-ever empirical study of individual attitudes toward inheritance by children whom fathers are unaware they have.
Trust Protectors: Why They Have Become "The Next Big Thing"
Lawrence A. Frolik
Settlors are increasingly naming trust protectors, particularly for trusts that may endure for many years because of the possible need to amend the trust in light of changing laws and changing circumstances. Trust protectors have also become popular for trusts with beneficiaries who have an intellectual disability that may prevent them from enforcing their beneficial interest in the trust. The selection of a protector, the powers to be granted the protector and the standard of care required of the protector require thoughtful consideration. This Article also discusses the origin of trust protectors, their current statutory basis, and the few existing cases that analyze the legal status and role of a trust protector.
Orange Barrel Litigation: Revisiting Temporary Loss of Access Claims Caused By Construction
This Article addresses whether business owners who lose income as the result of public construction projects that cause a temporary loss of access to their business should be entitled to compensation from the governmental entity that instituted the construction project. The Article provides a brief summary of Fifth Amendment claims and examines whether the government has engaged in a taking by temporarily limiting access to the business during a road construction project. The Article concludes that courts should allow businesses to be compensated when there has been a financial loss as a result of that loss of access.