An Introduction to Trusts and Estates

Front Cover
Thomson/West, 2003 - Law - 1208 pages
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This law school textbook explores the basic doctrines and planning techniques that modern lawyers must master to assist clients with estate planning, draft implementing documents, and advise fiduciaries and clients on the proper administration of estates and trusts. A hypothetical client family is used to explore the human aspects of estate planning and to illustrate estate planning issues most likely to arise at particular stages of a client's life. Textual material is designed to be self-explanatory, so that teachers are free to use classroom time to explore planning and drafting techniques and policy considerations more fully.

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Contents

CHAPTER 1 WEALTH AND WEALTH TRANSMISSION
1
B Laws Regulating Wealth Transmission
11
Public Policy and Wealth Transmission
20
CHAPTER 2 INTRODUCTION TO THE CLIENT FAMILY
37
The Parent with Adult Children Harold and Wanda Client
45
The Older Single Client Martha Client
55
E The Wealthy Client Alice Client
58
Gifts Causa Mortis
80
The Effect of Lifetime Gifts upon Intestate Shares
584
B Execution of Wills
592
Will Contests
643
Revocation of Wills
688
Revocation by Operation of Law
704
E Revival of Revoked Wills
713
F Dependent Relative Revocation
715
G Contracts Relating to Wills
722

B Challenges to the Donors Capacity to Make a Gift
90
Gifts as Nontestamentary Transfers
104
CHAPTER 4 WILL SUBSTITUTES
111
B Validity of Will Substitutes
119
PayonDeath Arrangements
136
B Validity of Will Substitutes 119
137
The Law Regulating Will Substitutes
142
Special Problems of MultipleParty Bank Accounts
153
F Will Substitutes and Estate Planning
159
CHAPTER 5 TRUSTS
167
B The Elements of a Trust
200
Trust Distributions
253
Powers of Appointment
282
E CreditorsRights
316
F Trust Modification and Termination
343
CHAPTER 6 PLANNING FOR MINOR AND DISABLED FAMILY
363
B Planning for Disabled Family Members
381
CHAPTER 7 PLANNING FOR OLD
407
Powers of Attorney
428
Revocable Living Trusts
456
E Medicaid Planning
470
CHAPTER 8 PLANNING FOR ILLNESS AND DEATH
485
B Assisted Suicide
505
Anatomical Gifts
536
CHAPTER 9 INTESTACY
545
B Intestate Share of Decedents Spouse
551
Intestate Share of Decedents Ancestors and Collateral Kindred
577
CHAPTER 11 PROTECTION OF THE FAMILY
745
B Rights of Surviving Descendants
781
Unmarried Couples
791
CHAPTER 12 DRAFTING AND CONSTRUCTION OF WILLS
801
B Mistakes in Drafting and Execution
826
Mistake in the Inducement
846
Rules of Construction Regarding the Identity of Beneficiaries
850
Rules of Construction Regarding Changes in Property After
892
CHAPTER 13 FUTURE INTERESTS
913
Future Interests
921
Drafting and Construction of Future Interests
929
Time of Payment from Time of Vesting
942
E The Rule Against Perpetuities
966
Application of the Rule Against Perpetuities to Special
1002
CHAPTER 14 CHARITABLE GIFTS
1015
The Cy Pres Doctrine
1029
CHAPTER 15 FIDUCIARIES
1043
Compensating Fiduciaries
1059
B Administrative Duties
1060
Managerial Duties
1077
Powers
1137
E Fiduciary Accounting
1152
GLOSSARY OF TERMS
1175
TABLE OF CASES
1189
ACKNOWLEDGMENTS
1195
Copyright

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