Alyssa DiRusso, ‘A Critical Analysis of The Law of Death, Marriage, and Wealth’

ABSTRACT
Although family law scholars have robustly criticized the law for its preferences for marriage (and sometimes non-marriage), a critical trusts and estates perspective can enhance this discussion. The following paper will demonstrate how the zone of overlap between trusts and estates and family law – as marriages near death – is particularly fraught and dysfunctional. Taking Medicaid and the estate tax as examples, this paper will show the way the law entrenches marriage among the already-privileged yet threatens it for the poor. Comparing these particular systems creates a compelling foil to contrast marriage at the top and the bottom of the wealth spectrum.

DiRusso, Alyssa A, A Critical Analysis of The Law of Death, Marriage, and Wealth (October 1, 2023).

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