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- Title
The Creeping Federalization of Wealth-Transfer Law.
- Authors
Waggoner, Lawrence W.
- Abstract
This Article surveys areas of federalization of wealth-transfer law. Federal authorities have little experience in making law that governs wealth transfers, because that function is traditionally within the province of state law. Although state wealth-transfer law has undergone significant modernization over the last few decades, all three branches of the federal government--legislative, judicial, and executive--have increasingly gone their own way. Lack of experience and, in many cases, lack of knowledge on the part of federal authorities have not dissuaded them from undermining well-considered state law. The Article covers these topics: federal preemption of several areas of state law, the development of federal common law as a sometime substitute for preempted state law, the federal tax exemption for perpetual trusts, and the right of posthumously conceived children of assisted reproduction to Social Security survivor benefits.
- Subjects
UNITED States; FEDERAL government of the United States; WEALTH; EXCLUSIVE &; concurrent legislative powers; COMMON law; TRUSTS &; trustees; FEDERAL laws; ECONOMICS
- Publication
Vanderbilt Law Review, 2014, Vol 67, Issue 6, p1635
- ISSN
0042-2533
- Publication type
Article