Conflict of Laws in Estate Planning
Summary:
I. Marriage and Community Property
A. Overview of Community Property
B. Community Property Jurisdictions
C. What Impact Does Moving Have on Community Property Rights
II. Will Making
A. Formal Validity
B. Intrinsic Validity
C. Substantive Validity
III. Out-of-State Property
A. In General
B. Out of State Client Who Louisiana Immovable
C. What about Forced Heirship Rights?
IV. Trusts
A. Internal Louisiana Trust Law
B. Louisiana Conflict-of-Laws Rules on Trusts
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Ronald J. Scalise Jr. is the John Minor Wisdom Professor of Civil Law at Tulane Law School.
Professor Scalise is a member of the American Law Institute, an associate member of the International Academy of Comparative Law, the Treasurer of the American Society of Comparative Law, and an academic fellow to the American College of Trusts and Estates Counsel. He writes extensively on civil and comparative law topics, including the law of successions, and currently serves as the editor for Thomson Reuter’s annual edition of the Louisiana Civil Code as well as the author for the annual updates for five volumes in the Louisiana Civil Law Treatise series on property and obligations. His awards include the 2015 Leadership in Law Award by New Orleans City Business, 2018 Felix Frankfurter Award for law teaching, and 2018 John Minor Wisdom Award for the best civil law article published in the Tulane Law Review. Professor Scalise has served on a number of law reform projects and on those related to the betterment of the legal profession. He has previously served as the reporter for the Uniform Law Commission’s Community Property Disposition at Death Act and currently serves as reporter for the Uniform Law Commission’s Drafting Committee for an Act on Conflict of Trust and Estate Laws. At the state level, Professor Scalise is a member of the Board of Governors of the Louisiana State Bar Association and serves as the reporter for the Louisiana State Law Institute’s Successions and Donations Committee, the Trust Code Committee, the Prescription Committee, and the Committee on Aleatory Contracts/Signification and as a member of the Council and over a dozen other subject-matter specific revision committees.