Intestacy; Status and Bars to Succession; Limits on the Power of Disposition; Formal Requirements for Transfer; Revocation; Extrinsic Evidence; Incapacity and Undue Influence; Trusts, Alternates to the Trust; Changes After the Execution of the Will; Future Interests Including Problems of Construction; Powers of Appointment; Rule Against Perpetuities; Probate and Administration; Overview of Federal Transfer Tax Laws; Gross Estate; Deductions in Computing the Taxable Estate; Valuation of Assets and Credits.
A comprehensive one-volume treatise on the law of trusts and estates written by leading experts. Among the topics covered are intestate succession, wills, nonprobate mechanisms, trusts, fiduciary administration, and choice of law. The book includes the very latest hot topics including electronic wills, trust decanting, directed trusts, asset protection trusts, and planning for modern families. The book incorporates the most recent provisions of the Uniform Probate Code, the Uniform Trust Code, and the many other uniform laws relating to the donative transfer of wealth. The book also includes an overview of the federal transfer tax laws. An essential guide for students and practitioners.
Provides an overview of federal gift, estate, and generation-skipping transfer tax laws for the law student or practitioner. Grantor trust rules affecting the wealth disposition process is also addressed. Other subjects include intestacy, succession, power of disposition limits, transfer requirements, revocation, extrinsic evidence, incapacity, and undue influence. Examines trusts and their alternatives, changes in will execution, and problems of construction in future interests. Overviews the Federal Transfer Tax laws relating to estates and trusts, deductions in computing taxable estates, asset valuation, and credits. Generally, emphasis is placed on the Uniform Probate Code throughout the text.
"This book is an abridged and slightly revised version of McGovern & Kurtz, Wills, trusts and estates including taxation and future interests (3d edition 2004)."--Page iii.
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.
