Estate And Trust Litigation Drafting In Contemplation Of Will Contests The Trial And The Judicial Perspective

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

In this timely new edition, distinguished authors Dukeminier and Johanson build on the success of their phenomenally popular casebook Wills, Trusts, and Estates with new coverage of non-traditional family arrangements, living wills, and much more. the authors blend cases selected for human interest as well as teaching value with provocative hypotheticals, cartoons, photographs, and other illustrations to comprehensively cover this area in a very lively, readable manner. Organized logically, The book begins with estate planning and its limitations, moves to wills and will substitutes, progresses to trusts, and concludes with a chapter on taxation. New topic coverage includes: babies inadvertently swapped in hospitals, surrogate mothers, lesbian adoption, and artificial insemination (including children conceived after sperm donor's death) living wills and powers of attorney for health care, including the Cruzan case And The Uniform Health Care Decisions Act a new chapter combining mental capacity and undue influence, which features the Seward Johnson will contest and related preventive lawyering issues shortened, more teachable chapters on future interests and perpetuities latest changes To The Uniform Probate Code a completely revised and reorganized trustee administration chapter Like its predecessors, this book is a lively, flexible, and understandable teaching tool that is accompanied by a detailed and witty Teacher's Manual, which is regarded as the best in the field.

Retaining the late Jesse Dukeminier's signature blend of wit, erudition, insight, and playfulness, Wills, Trusts, and Estates, now in its Eighth Edition, continues to offer interesting cases, well written notes, and a logical organization. The Eight Edition's new Companion Website, available with adoptions, includes an electronic version of the Teacher's Manual, PowerPoint slides on selected topics, and author updates. A stellar example of a great casebook, Wills, Trusts, and Estates features: eminently clear presentation of topics comprehensive substantive coverage inspired case selection engaging notes, questions, and problems that connect and highlight legal themes and principles humorous and illustrative cartoons, art, photographs, and other images a detailed Teacher's Manual that answers every question and problem posed in the casebook and includes comments on material cited in the text, analyses, comments, syllabus notes, and teaching suggestions With many new and revised notes, questions, and problems, the carefully updated Eighth Edition explores: New developments in law reform by the ALI and NCCUSL, such as: the 2008 Amendments to the Uniform Probate Code, including validation of notarized wills, reformation of wills for mistake, and a reworking of the spousal share the Uniform Power of Attorney Act further progress in the Restatement (Third) of Trusts and Restatement (Third) of Property Ongoing developments in the law, in such areas as: inheritance rights for same-sex partners the posthumous right of publicity the power of an agent to alter an incompetent principal's estate plan liberalized rules of trust modification and termination, and of trustee removal standing for donors in suits against the trustees of charitable trusts perpetual trusts and self-settled asset protection trusts Increasingly important topics such as: the movement to cure will execution defects and reform mistakes in wills fiduciary administration and trust investment law will contests, particularly the law of capacity and insane delusion Co-authors Robert Sitkoff and James Lindgren took great care to preserve the voice and spirit of Jesse Dukeminier, while fulfilling the trust and expectation among users for timely and relevant coverage, cases, and note material. *Teacher's Manuals are a professional courtesy offered to professors only. For more information or to request a copy, please contact Aspen Publishers at 800-950-5259 or [email protected].

Everybody needs a will or a trust, yet more than 70 percent of the U.S. population has neither. While the process involved in attaining either a will or a trust can be complicated, The Wills, Estate Planning and Trusts Legal Kit simplifies this process and enables you to prepare and execute your own will or living trust by providing explanations, instructions and the necessary forms.

This text, prepared by recognized experts in the field, addresses questions and issues that arise during the drafting of wills and trusts, particularly by couples. In addition, the authors offer insightful commentary. Representative chapters include Planning Together, Rebuilding Together, Non-Estate Planning, and Planning for Disability.

Drafting effective wills and trust allows property to be given to the people or institutions that matter most to an individual. This book explains how to do the special, thoughtful drafting required by anyone who truly cares about distribution of property, care of elderly parents, guardians for young children, or care for pets after the owner is gone. The book is richly illustrated by samples of techniques used in the actual wills and trusts of well-known Americans. Topics covered include: WHAT HAPPENS WITHOUT A WILL; CAPACITY TO MAKE A WILL; SELECTING THE TRUSTEES; DESIGNING PET TRUSTS. Realistic, thought-provoking DRAFTING EXERCISES followed by detailed POINTERS FOR DRAFTING help the reader develop the skills needed for effective drafting. The concluding chapters cover related documents, including: MEDICAL AND FINANCIAL POWERS OF ATTORNEY, MEDICAL DIRECTIVES and LIVING WILLS. About the author: Lucy Marsh, Professor of Law at University of Denver Sturm College of Law is a native to Denver. She is a 1963 graduate of Smith College and a 1966 graduate of the University of Michigan Law School. While attending the University of Michigan, she played a key role in setting up the first legal clinic in Ann Arbor to serve the underprivileged. She has led a distinguished career as an attorney, professor and advocate for community causes. Admitted to the bar in both Connecticut and Colorado, she was the first woman elected to the Colorado Bar Association Real Estate Section's Title Standards Committee, served the city as member of the Denver District Attorney's Office in the 1970's, was a commissioner to the Colorado Real Estate Commission, and provided legal assistance to the Colorado AIDS project. Her academic career at the University of Denver began in 1973 as a part time professor and led up to her present position as a full professor in 1982. Since that time she was voted DU Professor of the Year in 1985 and was elected by the students in 1987 to give the commencement address. She now leads a unique program in which the students in her Trust and Estates classes participate in a Will's Lab, providing free services for the indigent and elderly. She also employs a unique teaching tool called the Technicolor System, attributed to her father, Thompson Marsh, to assist in the learning process by color coding different types of information in student's legal drafts

"The seventh edition confronts continued and, indeed, increased instability. The new instability follows a relatively short lull after a period of unprecedented instability, including, since 2001, increases in exemptions, reductions in rates, the repeal and restoration of the estate tax and the generation-skipping tax, the installation of a system of portability of the unused portion of the estate tax exemption of a predeceasing spouse, the advocacy by leading politicians of repeal of the taxes and, by others, of drastic increases in the taxes and the enactment of wealth taxes, and, probably most importantly, of a worldwide plague against which individuals, groups and even nations were unable to protect themselves"--