The Creeping Federalization of Wealth-Transfer Law
Lawrence W. Waggoner
University of Michigan Law School
November 15, 2013
Vanderbilt Law Review, Vol. 67, No. 6, 2014
U of Michigan Public Law Research Paper No. 356
U of Michigan Law & Econ Research Paper No. 13-019
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.
This article appears in a symposium issue published by the Vanderbilt Law Review on The Role of Federal Law in Private Wealth Transfer.
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.
Number of Pages in PDF File: 29
Keywords: federal law, wealth transfer
JEL Classification: K34
Date posted: November 16, 2013 ; Last revised: November 22, 2014