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This third edition provides a comprehensive review of the law affecting intestate succession, wills, and trusts. This book introduces wills terminology to the lay audience and updates the law of trusts with references to the Uniform Trust Code and the Restatement of Trusts. This book uses problems arising from celebrity peccadilloes and deaths, such as those of Anna Nichole Smith and James Brown, to illustrate legal issues. Moreover, this book can be adopted to supplement a traditional wills and trust class or as the sole text for a seminar.
Buy a new version of this textbook and receive access to the Connected eBook with Study Center on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Learn more about Connected eBooks. Widely hailed as one of the best casebooks in legal education, this comprehensive text combines interesting cases, thoughtful analysis, notes, images, and a clear organization for an excellent teaching tool. Cartoons, illustrations, case documents, and photographs provide engaging visual commentary. Sidebars on relevant persons, places, and things provide interesting and sometimes humorous context. A comprehensive Teacher’s Manual provides a complete teaching summary of all materials in the book, and comprehensive PowerPoint slides provide helpful structure for classroom organization. New to the Eleventh Edition: New section on will execution during the COVID-19 pandemic, with attention to reconciling “presence” with social distancing Updated and completely revised section on electronic or digital wills, with attention to the latest cases and statutes Updated to account for the 2021 and 2019 revisions to the Uniform Probate Code that, among other things, eliminated gender-based distinctions and expanded recognition of non-biological parent-child relationships Updated coverage of wealth and income inequality and new material on recent proposals for a wealth tax Updated and completely revised section on trust decanting, with attention to the latest statutory and case law developments Updated and completely revised section on asset protection trusts, with attention to key choice-of-law and fraudulent transfer principles Professors and students will benefit from: Unique blend of wit, erudition, insight, and playfulness retained from the late Jesse Dukeminier Organization that covers all the key topics in a logical and clear format Interesting cases that are not only fun to read, but fun to teach Cases enhanced and connected to broader legal principles by well-written connective text, notes, questions, problems, and sidebars Arresting two-color design Cartoons, illustrations, wills and other case documents, and photographs that provide visual commentary and teaching aids Teaching materials include: Teacher’s Manual that provides a complete teaching summary of all materials in the book PowerPoint slides that provide explanatory diagrams and structure for classroom discussion Transition Guide Sample Exams Sample Estate Planning Documents
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"The sixth edition of this book updates laws affecting intestate succession, wills, guardianships, and trusts. It introduces wills and trust terminology to the lay audience and summarizes the law included in the Uniform Probate Code, Uniform Trust Code, Uniform Principal and Income Act, Uniform Guardianship and Protective Proceedings Act, Uniform Prudent Investor Act, and the Restatement of Trusts. To illustrate legal issues this book utilizes problems arising from celebrity peccadilloes and well-known deaths, such as those of Abraham Lincoln, Elvis Presley, Michael Jackson, Prince, and the mother/daughter team of Debbie Reynolds and Carrie Fisher. The book can be adopted to supplement a traditional wills and trusts class or as the sole text for a seminar. With clarified language, the book is also accessible to the general public interested in learning more about this complex topic." -- Publisher.
This Nutshell presents an introduction to estate planning. Subjects covered include the transfer of property at death at will under the intestate law, survivor interests, community property, and "simple" wills. Addresses insurance, estates arising from status, Social Security, pensions, workers' compensation, and veterans benefits. Discusses charitable trusts, the rule in Shelley's case, the Doctrine of Worthier Title, the Rule Against Perpetuities, and the Rule Against Accumulations. Also addresses fiduciary administration and federal estate and gift taxes.
Wills, Trusts, and Estates
The Estate and Estate Planning; Transfer of Property at Death by Will and Under Intestate Law; Survivorship Interests; Community Property; "Simple" Wills; Insurance; The Estate Arising From Status: Social Security; "Private" Pensions; Workers' Compensation; Veterans' Benefits; Trusts: An Introduction; Future Interests: An Introduction; Using Private Express Trusts; Charitable Trusts; The Rule in Shelley's Case; Doctrine of Worthier Title; Rule Against Perpetuities; Rule Against Accumulations; Some Aspects of Fiduciary Administration; Federal Estate and Gift Taxes.
In a typical Wills, Trusts, and Estates (WTE) class there are both students who want to practice in WTE (either exclusively, or as part of a general practice), and those who need only to master the general concepts in order to pass the bar exam. Wills, Trusts, and Estates in Focus by Naomi R. Cahn, Alyssa DiRusso, and Susan Gary attends to the needs of both sets of students. For those who will practice in WTE, the concepts are presented in an engaging way and exemplified by realistic hypothetical scenarios that mirror practice and support the development of lawyering skills. For those who need only to pass the bar, the organization of the text is keyed to multi-state essay examination topics as presented on the multi-state bar exam. The well-crafted pedagogy of the Focus Series makes WTE concepts and procedure clear and accessible for all students. Case Previews shed light on each succinctly-edited case, provide legal context, and direct students to the issue at hand. Post-Case Follow-Ups review the decision and prepare students to apply the relevant legal principles to the set of exercises that follow, called Real Life Applications. Professors will appreciate the accessible approach of Wills, Trusts, and Estates in Focus, which combines straightforward narrative explanations with real-world examples, and problems designed to engage students in active learning. Features of Wills, Trusts, and Estates in Focus: Insightful authorship: The author team consists of three well-known academics with expertise in WTE and complementary areas such as family law, charities, elder law, and tax. All are elected Fellows of the American College of Trust and Estate Counsel (ACTEC), the leading professional organization of trust and estates attorneys. Conscious modernization of the WTE casebook that balances major landmark cases and 21st century authorities, including recent case decisions and developments in the law (such as the 2017 Tax Cuts and Jobs Act) Thorough coverage of core topics, combined with the Focus Series pedagogy Manageable problem sets that allow students to apply doctrine to realistic fact scenarios Research and drafting exercises that support the development of practice-based skills Professors and students will benefit from: Clear writing that promotes the learning outcomes of student competencies in knowledge and understanding of both the substantive and procedural law of WTE legal analysis and reasoning problem-solving how to exercise proper professional and ethical responsibilities with regard to clients and the legal system A balanced emphasis on practice readiness and bar-exam readiness An author team with experience writing for students, practitioners, and lay people A clear and logical book structure and chapter organization, with cross-references to related coverage in other chapters Appendices that provide examples of how doctrine maps on to practice, as in will contest pleadings and probate filings Teaching materials include: Teacher’s Manual with straightforward case summaries and answers to all problems Sample 3-credit syllabus
Helewitz’s Basic Wills, Trusts, and Estates for Paralegals is a concise and practical guide to the planning and administration of wills, trusts, and estates. This succinct, simple, and straightforward introduction to all the basics of wills, trusts, and estates law was specifically designed for paralegal students. Continuing examples describing four different families provide an accessible structure and helpful point of reference for students learning the intricacies of estate planning. Highlights include: A straightforward introduction that provides a student-friendly orientation to the subject Clear and concise coverage of key topics A review of the sources of property law, trusts, and taxes A helpful guide to drafting documents related to wills and trusts Step-by-step instruction for completing the entire federal estate tax return State-by-state analysis of trust and estate law Four families/clients threaded through the text exemplify the intricacies of estate planning Chapter overviews, key terms, review questions, sample clauses, edited cases, chapter summaries, and end-of-chapter exercises Sample forms in the appendix New to the Ninth Edition: General and state-specific sections concerning admissibility and restrictions for electronic wills Updated codes and case law for the comparison of estate law in the different jurisdictions Updated tax thresholds and rules Updated federal and state documents and forms New case studies in each chapter cover such issues as: QTIP trusts The impact of Covid on the execution of wills Claims against an escheated estate Wrongful prolongation of life Professors and students will benefit from: Comprehensive coverage of the key topics includes a review of the sources of property law, trusts, and taxes, topics not thoroughly covered in other texts. Clearly written text and lively examples help students understand the law. A straightforward introduction that provides a student-friendly orientation to the subject Clear and concise coverage of key topics A helpful guide to drafting documents related to wills and trusts Step-by-step instructions for completing the entire federal estate tax return State-by-state analysis and comparison of trust and estate law Four families/clients threaded through the text exemplify the intricacies of estate planning Chapter overviews, key terms, review questions, sample clauses, edited cases, chapter summaries, and end-of-chapter exercises Sample forms in the appendix Examples and explanations pedagogy engages students with the material. Practical approach appeals to programs with shorter, less theoretical courses.