Wills, Trusts & Estates Prof Blog

California Community Property Student Aid

Charlotte K. Goldberg (Professor of Law, Loyola Law School, Los Angeles) has recently published the second edition of her book entitled California Community Property -- Examples and Explanations.

Here is the publisher's description of the book:

Using the Examples & Explanations pedagogy and FITS (Funds, Intentions, and Title)—an original tool for understanding the complexities of California Community Property—Charlotte Goldberg presents an effective and timely overview of California’s community property system.

• FITS (Funds, Intentions, and Title)—a class-tested, unique tool for determining, under California law, whether marital property is to be considered community or separate property
  • The FITS acronym helps students to understand the roles that funds, intentions, and titles play in characterizing property as either separate or community
• the proven-effective Examples & Explanations pedagogy combines straightforward introductions with well-written examples and explanations that apply concepts, reinforce learning, and test understanding of material covered
• meticulous treatment of joint titles and reimbursement, featuring examples thoroughly illustrating all possible scenarios, including retroactivity
• coverage of tangible and intangible property, such as businesses, educational degrees, goodwill, and pensions
• premarital agreements and recent amendments to the Premarital Agreement Act

Updated throughout and with many new examples, the Second Edition features:

• major developments regarding retroactivity of the Family Code—affecting premarital agreements, fiduciary duty, and domestic partnerships
• several new cases clarifying premarital agreements and fiduciary duty
• new case decision regarding celebrity goodwill
• coverage of Family Code §4 and §2640(c)

Uniform Trust and Estate Statutes, 2008-2009 Edition

Uniform Trust and Estate Statutes (2008-2009 edition) prepared by John H. Langbein and Lawrence W. Waggoner is now available from Foundation Press.

Here is a description of this new edition:

Designed to be used with any casebook or textbook, this statutory collection provides law students with a single-volume source containing all the uniform acts needed in a trusts and estates course (as well as the United Kingdom family provision legislation, included for comparative purposes). The 2008-2009 Edition contains the full statutory texts of the principal Uniform Acts pertaining to trusts and estates, including the Uniform Probate Code, the Uniform Trust Code, and the various special-purpose acts. The book supplies full texts of the three recently-promulgated acts: the Revised Uniform Anatomical Gift Act, the Uniform Power of Attorney Act, and the Uniform Prudent Management of Institutional Funds Act. As in past editions, the 2008-2009 Edition reproduces the official comments for the substantive articles (II and VI) of the Uniform Probate Code; for the Uniform Trust Code; and for most of the other Uniform Acts.

The book groups the trust and estates statutes in three parts.

• Part One, Probate Statutes, primarily contains the Uniform Probate Code (1990 text, incorporating all subsequent amendments). The Uniform Probate Code incorporates several freestanding Acts, including the Uniform Disclaimer of Property Interests Act (1999) and the Uniform Estate Tax Apportionment Act (2003).
• Part Two of the book, devoted to Trust Statutes, begins with the Uniform Trust Code (2000), incorporating all subsequent amendments. Part Two also contains the Uniform Principal and Income Act (1997), the Uniform Prudent Investor Act (1994), and the Uniform Custodial Trust Act (1987).
• Part Three, containing other Uniform Acts, includes the Uniform Parentage Act (2000, with 2002 amendments); the Uniform Health-Care Decisions Act (1993); the Uniform Simultaneous Death Act (1993); the Uniform Fraudulent Transfer Act (1984); the Uniform Transfers to Minors Act (1983, with 1986 amendments); the Model Marital Property Act (1983); and the Uniform Premarital Agreement Act (1983).

The 2008-2009 edition incorporates recent amendments to the UPC, adopted as technical amendments in 2008. The principal change is to the elective share, which has been revised to simplify the measure. The main substantive revision increases the surviving spouse's minimum share to 50 percent of the marital-property portion of the augmented estate.

A unique feature of the book is that juxtaposes with the current Uniform Acts certain carefully selected extracts of important provisions from former versions of various Uniform Acts, especially the pre-1990 version of UPC Article II; and selected provisions from the Restatement (Third) of Trusts (2003) and the Restatement (Third) of Property: Wills and Other Donative Transfers (1999-2003).

Prof. Chester Publishes "Dead Hand" Critique

Ronald Chester (Professor of Law, New England School of Law) has recently published his book entitled From Here to Eternity? Property and the Dead Hand (Vandeplas Publishing 2007).

Here is a description of this book:

In this groundbreaking book,  Professor Chester examines dead hand control of property by decedents and how this phenomenon has changed form over the centuries, with particular emphasis on the  period beginning with the 1980’s.   Although there is something essentially human about the desire to control the use of one’s property after death, modern American dead hand control is both less personal and more far reaching than in the past; in addition, it tells us much about the society we inhabit.  While aristocracies were perpetuated in England by restrictions on land that often hindered freedom of bequest, in the modern United States the unleashing of this freedom by law has allowed estate planners to create elaborate plans for the wealthy that themselves may create and perpetuate aristocracy.

   

Since dead hand control of property will always be with us in some form, Professor Chester concludes that exercising it through a charity of one’s choosing best satisfies both this human need and the needs of society in general. Thus, the use of great fortunes primarily for charitable endeavors may provide a compelling antidote to the early 21st century American emphasis on dynasty and greed.

The Body Part Market

In Black Markets: The Supply and Demand of Body Parts, Michele Goodwin (Everett Fraser Professor of Law, University of MInnesota Law School) examines the problems that arise because of a shortage of organs.

Here is a description of her book:

In direct response to indefinite delays on the national transplantation waitlists and an inadequate supply of organs, a growing number of terminally ill Americans are turning to international underground markets and brokers for organs. Offering a contemporary view of organ and tissue supply and demand, Michele Goodwin explores the legal, racial and social nuances of current altruistic institutionalized procurement schemes. It is understandably not publicized that Chinese inmates sitting on death row and the economically disadvantaged in India and Brazil are the most often compromised co-participants in the negotiation process and supply kidney and other organs for Americans as well as other Westerners willing to shop and pay in the shadow of the law. Goodwin suggests that the best alternative model for organ procurement is a market approach or one based on presumed consent and provides an alternative way of studying how to increase the supply of organs and other body parts as well.

Jennifer Bard (Alvin R. Allison Professor of Law and Director, Health Law Program ) has recently published a somewhat critical review of this book in 33 J. Health Pol. Pol’y & L. 117 (2007).  Here is an excerpt from the review's abstract:

Black Markets: The Supply and Demand of Body Parts is an important contribution to the body of scholarship and policy analysis about one of the most difficult problems facing contemporary health policy, public health, and bioethics: the fact that the demand for donor organs far outstrips supply. In this book, Michelle Goodwin systematically reviews the general ways in which the United States' current organ-donation and transplantation system negatively affects potential donors and recipients, particularly African Americans. She proposes solving these problems by changing the current system that prohibits payment for organs to one that allows it. However, I argue that the entire discussion of a market-based solution to the problem of a shortage in supply in donor organs suffers from a flaw far greater than the inability to predict how such a market would work, because of a lack of reliable evidence that an offer of compensation would be effective in changing the minds of people who currently decline to donate the organs of their loved ones.

New Edition of "Questions & Answers: Wills, Trusts & Estates" Published

LexisNexis has recently released the Second Edition of the Wills, Trusts & Estates volume of its Questions & Answers series authored by Thomas M. Featherston, Jr. (Mills Cox Professor of Law, Baylor Law School) and Michael Hatfield (Professor of Law, Texas Tech University School of Law).

Here is the publisher's description of the book:

Understand better what you're learning in Wills, Trusts and Estates class and prepare effectively for exams by applying concepts as you learn them. This study guide includes 290 multiple-choice and short-answer questions arranged topically for ease of use during the semester, plus an additional set of 19 questions comprising a comprehensive "practice exam."

For each multiple-choice question, [the authors provide] a detailed answer that indicates which of four options is the best answer and explains thoroughly why that option is better than the other three options. Each short-answer question is designed to be answered in fifteen minutes or less. For these questions, [the authors provide] a thoughtful, comprehensive, yet brief model answer.

Try some sample questions from Q&A: Wills, Trusts and Estates.

Review of Raymond C. O’Brien & Michael T. Flannery, Decedents’ Estates: Cases and Materials (2006)

Earlier on this blog, I discussed a new casebook, Decedents' Estates: Cases and Materials, by Raymond C. O'Brien (Catholic University of America Columbus School of Law and permanent visitor at Georgetown University) and Michael Flannery (University of Arkansas at Little Rock School of Law).

Here are excerpts from a review of this casebook which was recently authored by Gerry W. Beyer (Governor Preston E. Smith Regents Professor of Law, Texas Tech University School of Law) and published in 29 U.A.L.R. L. Rev. 561 (2007):

The wills, trusts, and estates casebook market has long been dominated by excellent, time-tested works, several of which are in seventh editions.  It took considerable gumption for Professors Raymond C. O’Brien  and Michael T. Flannery  to enter into this mature market  with the 2006 publication by Carolina Academic Press of their law school course book entitled Decedents’ Estates: Cases and Materials (hereinafter the Casebook).  Unexpectedly, the Casebook provides a viable option to these well-established works by providing a fresh approach while maintaining the necessary coverage of traditional topics. * * *

I predict success for the Casebook and believe that it will bring its authors and their schools favorable recognition. Although long-time adopters of other time- and classroom-tested books may be reluctant to switch because of familiarity with their chosen material, Decedents’ Estates by Professors O’Brien and Flannery deserves serious consideration by both beginning and experienced trusts and estates professors.

Reprints of this review are available upon request.

"Money for Nothing" Published

Edward Ugel has recently published his book entitled Money for Nothing.  This book describes a topic often discussed on this blog of how lottery winners are unable to cope with their new found wealth.

Here is an excerpt from the author's description of his book:

* * * Edward Ugel tells the story of America’s addiction to the lottery from an astonishing angle.

At age twenty-six, Ed found himself broke, knee-deep in debt, and moving back into his parents’ basement. It all changed, however, when he serendipitously landed a job as a salesman for a company that offered up-front cash to lottery winners in exchange for their prize money, often paid in agonizingly small annual payments, some lasting up to twenty-five years. For the better part of the ensuing decade, Ed spent his time closing deals with lottery winners, making a lucrative and legitimate—if sometimes not-so-nice—living by playing to their weaknesses…weaknesses he knew all too well.

Ed met hundreds of lottery winners and saw up-close the often hilarious, sometime sad outcome when great wealth is dropped on ordinary people. Once lottery winners realized their “dream-come-true” multimillion jackpots were not all that they were cracked up to be, Ed's job was to sell them the cash they wanted—and often needed. * * * As Ed learned, few of them had the financial savvy to keep up with the lottery-winner lifestyle. In fact, some just wanted their old lives back. * * *

Ed Ugel takes readers inside the captivating world of lottery winners and shows us how lotteries and gambling have become deeply inscribed in every aspect of American life shaping our image of success and good fortune.

Elder Law: Readings, Cases, and Materials (3d ed.) Released

A. Kimberley Dayton (Professor of Law, William Mitchell College of Law), Molly M. Wood, Esq. (Stevens & Brand, LLP, Lawrence, Kansas), and Julia Belian (Visiting Associate Professor of Law, University of Missouri at Kansas City School of Law) have recently published the third edition of their book entitled Elder Law: Readings, Cases, and Materials.

Here is the publisher's description (LexisNexis):

As people age, they often face a bewildering array of legal issues, ranging from age discrimination to retirement planning, and elder abuse to assisted suicide. Elder Law: Readings, Cases, and Materials is designed to serve as the main textbook for courses and seminars on the intersection of law and aging. Thoroughly updated with new cases, COLA amounts, and URLs, the Third Edition of Elder Law includes new materials on kinship care giving, grandparent rights, and a lawyer’s duty to incompetent third parties. The authors have also expanded the coverage of SSI. New materials include the Medicare Modernization and Prescription Drug Act of 2003, an update on Social Security reform, expanded coverage of reverse mortgages and subsidized housing for the elderly, and recent tax legislation.

Elder Law is also accompanied by a documentary supplement, Elder Law: Statutes and Regulations. This companion volume contains selected federal and state statutes, uniform acts, federal regulations, the viatical settlements model regulation, and miscellaneous provisions.

Fourth Edition of "Elder Law: Cases and Materials" Released

Earlier on this blog, I discussed the forthcoming release of the Fourth Edition of Elder Law: Cases and Materials, by Lawrence A. Frolik (Pittsburgh) and Alison McChrystal Barnes (Marquette).

This book has now been released and is available from LexisNexis.

Here is a description of this book:

The Fourth Edition of Elder Law integrates new developments in law and policy into the familiar framework of past editions. A mix of the specific and the general, the book examines the response of our society to an aging population, the legal rights of the elderly, and the legal, economic, and health challenges of the elderly. The authors use carefully edited classic and new cases, excerpts from the experts, and descriptive commentary to challenge and instruct students. Questions and problems provide the instructor an opportunity to query students and expand their understanding of the material.

The perspectives of legal practice and legislative development receive due attention in chapters that cover income and employment, housing and supportive services, nursing home quality and costs, substitute health and final decision making, and elders and crime. The broad scope of the book builds on foundational legal education in property rights, civil and human rights, and government action, while permitting the teacher the opportunity to supplement or expand upon the material.

A Teacher’s Manual provides the authors’ pedagogical insights and answers to the Questions. In addition, the companion Statutory volume, Elder Law: Selected Statutes and Regulations, includes all relevant statutes and regulations.

Texas Estate Planning Statute Book Published

Prof. Gerry W. Beyer (Governor Preston E. Smith Regents Professor of Law, Texas Tech University School of Law) has recently authored a book entitled Texas Estate Planning Statutes with Commentary published by the Aspen Publishers division of Wolters Kluwer.

This book is a compilation of Texas statutes which are significant to courses related to estate planning such as Wills & Estates, Trusts, Estate Planning, Estate Administration, Elder Law, and Guardianship.  Prof. Beyer includes commentary entitled Statutes in Context to many sections.  These annotations provide background information, explanations, and citations to key cases which should assist students in identifying the significance of the statutes and how they operate.

New Edition of Dobris, Sterk, and Leslie's Estates and Trusts Released

The third edition of Estates and Trusts by Joel C. Dobris (Professor of Law, UC Davis School of Law) Stewart E. Sterk (H. Bert and Ruth Mack Professor of Real Estate Law, Benjamin N. Cardozo School of Law), and Melanie B. Leslie (Professor of Law and Codirector of Program for Family Law, Policy, and Bioethics, Benjamin N. Cardozo School of Law) is now available.

Here is the publisher's description of this book:

A functional approach to wills and to trusts, Estates and Trusts provides comprehensive treatment of the subject of estates and trusts. The Third Edition of the casebook provides increased focus on cutting edge issues including asset protection trusts, dynasty trusts, and tortious interference with inheritance. The new edition simplifies treatment of estate tax issues, and includes discussion of the estates of various celebrities – including Anna Nicole Smith (complete with photograph), James Brown, Doris Duke, and Andy Warhol – in order to bring complex legal issues to life.

New Edition of "Restatement of the Law Third, Trusts - Volume 3" Published

The following is from the ALI website:

This new volume of Restatement Third of Trusts covers trustee powers and duties. It also includes an updated version of the Prudent Investor Rule volume published by ALI in 1992.

Topics Include:

• general duties
• duty of prudence 
• duty of loyalty 
• duty of impartiality 
• duty with respect to delegation 
• duty to furnish information to beneficiaries 
• extent and exercise of trustees’ powers

In the Restatement tradition, this volume combines clear black-letter provisions with extensive explanatory Comments, clarifying Illustrations, and detailed Reporter’s Notes. The volume is further enhanced by tables of cases and statutes, parallel tables showing corresponding Restatement Third and Restatement Second section numbers, a table of cross-references to the West Digest System and ALR annotations, and an index. The volume will be supplemented by an annual pocket part.

Special thanks to Charles B. Thornton Professor of Law Brian Shannon (Texas Tech University) for bringing the publication of this volume to my attention.

Selected Trusts and Estates Statutes, 2007 Educational Edition

Mark L. Ascher (Joseph D. Jamail Centennial Chair in Law, University of Texas at Austin) and Grayson M.P. McCouch (Professor of Law, University of San Diego) will have their new edition of Selected Trusts and Estates Statutes available for Fall classes.

Here is the publisher's (West) description of this book:

This volume meets the needs of students in basic and advanced courses on wills, trusts, decedents' estates, fiduciary administration, and future interests, providing a selection of essential statutory provisions and official comments. From wills formalities to probate administration; rules of construction to the statutory rule against perpetuities; and prudent investment to principal and income, Selected Statutes on Trusts and Estates provides a one-stop source. The 2007 Edition includes recently-promulgated uniform acts on disclaimers and powers of attorney. It is the statutory supplement to rely on regardless of your casebook preference. With its consistent timeliness and reasonable student pricing this publication is a staple in classrooms nationwide.

Fourth Edition of "Elder Law: Cases and Materials" to be Released in July 2007

The following is from an e-mail from LexisNexis:

LexisNexis is pleased to announce the forthcoming availability of the Fourth Edition of Elder Law: Cases and Materials, by Lawrence A. Frolik (Pittsburgh) and Alison McChrystal Barnes (Marquette). You will automatically receive a copy of the new edition of Elder Law: Cases and Materials (ISBN 142241163X) and the updated companion documentary supplement (ISBN 1422411648) in late July.

The Fourth Edition of Elder Law integrates new developments in law and policy into the familiar framework of past editions. A mix of the specific and the general, the book examines the response of our society to an aging population, the legal rights of the elderly, and the legal, economic, and health challenges of the elderly. The authors use carefully edited classic and new cases, excerpts from the experts, and descriptive commentary to challenge and instruct students. Questions and problems provide the instructor an opportunity to query students and expand their understanding of the material.

The perspectives of legal practice and legislative development receive due attention in chapters that cover income and employment, housing and supportive services, nursing home quality and costs, substitute health and final decision making, and elders and crime. The broad scope of the book builds on foundational legal education in property rights, civil and human rights, and government action, while permitting the teacher the opportunity to supplement or expand upon the material.

The Teacher’s Manual provides the authors’ pedagogical insights and answers to the Questions. In addition, the companion statutory volume, Elder Law: Selected Statutes and Regulations, includes all relevant statutes and regulations.

If you would like to review the page proofs, please contact Sean Caldwell (513-721-2506 / sean.m.caldwell@lexisnexis.com). The PDF version of the page proofs will be available in late June.

California and Uniform Trust and Estate Statutes

Prof. E. Gary Spitko and Prof. Lawrence Waggoner have recently published the 2007-08 edition of California and Uniform Trust and Estate Statutes: Selected Provisions (available from Thomson-West).

The publisher explains:

West is pleased to announce the forthcoming publication of Spitko and Waggoner's California and Uniform Trust and Estate Statutes: Selected Provisions, 2007-2008 Edition available for Fall 2007 classes.

This book collects the principal California and Uniform statutes regarding wills, trusts, decedents' estates, future interests, and fiduciary administration, organized by topic corresponding to the chapter organization in major casebooks in the field. California statutes are drawn mainly from the California Probate Code and other California codes, such as the Family Code and the Civil Code. Uniform statutes are drawn mainly from the Uniform Probate Code (UPC) and the Uniform Trust Code (UTC) and provisions from the new Restatement (Third) of Property: Wills and Other Donative Transfers (1999 & 2003) and the Restatement (Third) of Trusts (2003).

The book should be of interest to both California teachers and teachers who will be visiting at a California school next year.

California Community Property Casebook

Prof. Grace Ganz Blumberg (University of California at Los Angeles) has recently authored the 5th edition of her casebook entitled Community Property in California.

The publisher (Aspen) describes the book as:

Well written and thoughtful, this casebook provides an up-to-date and in-depth exploration of community property in California.  Students and instructors alike will welcome Community Property in California, Fifth Edition, classroom tested and used by generations of California law students.

Of particular importance are the updates to reflect the recent changes in the law of marital transmutations.

New Edition of Dobris, Sterk, and Leslie's Estates and Trusts

The third edition of Estates and Trusts by Joel C. Dobris (Professor of Law, UC Davis School of Law)
Stewart E. Sterk (H. Bert and Ruth Mack Professor of Real Estate Law, Benjamin N. Cardozo School of Law), and Melanie B. Leslie (Professor of Law and Codirector of Program for Family Law, Policy, and Bioethics, Benjamin N. Cardozo School of Law) is set for release on July 3, 2007.

Here is the publisher's description of this book:

Estates and Trusts, Third Edition will be published in July and available for Fall 2007 classes. Dobris, Sterk & Leslie's comprehensive Teacher's Manual almost enables the course to teach itself. The Manual goes beyond the usual summaries of principal and note cases, and provides detailed question-by-question lesson plans designed to ensure that both the experienced teacher and the novice can stimulate extensive class discussion. Better still, the Manual is available electronically so that teachers can easily integrate their own questions and insights into those offered by the editors.

The Third Edition of the casebook provides increased focus on cutting edge issues including asset protection trusts, dynasty trusts, and tortious interference with inheritance. The new edition simplifies treatment of estate tax issues, and includes discussion of the estates of various celebrities - including Anna Nicole Smith (complete with photograph), James Brown, Doris Duke, and Andy Warhol - in order to bring complex legal issues to life.

Third Edition of Andersen & Bloom's Casebook Released

Roger W. Andersen (Professor of Law, Emeritus, The University of Toledo College of Law) and Ira Mark Bloom (Justice David Josiah Brewer Distinguished Professor of Law, Albany Law School) have just published the third edition of their casebook, Fundamentals of Trusts and Estates.

Here is the publisher's (LexisNexis) description of the book:

The updated version of this innovative casebook contains numerous notes, questions, and problems that illuminate both the human and the doctrinal dramas, often by placing students in various roles. These problems and questions help students develop skills and values to carry throughout their professional lives. In addition, Fundamentals of Trusts and Estates includes excerpted readings, bibliographical references, sample documents, and provisions from Uniform Codes, Restatements, and other primary sources. Policy debates, ethical issues, and practical considerations are woven throughout the material.

The first chapter provides overviews of the wealth transfer and the transfer tax systems. Chapters on intestacy and wills develop the basic doctrines upon which the system depends. To facilitate an understanding of the law’s movement toward integration, will substitutes are covered before discussing the problems caused by changed circumstances and the devices for protecting the family. Coverage of problems involving planning for incapacity serves as a bridge to coverage of trust doctrine expanded to highlight recent developments. Fundamentals of Trusts and Estates closes with topics traditionally designated “future interests,” as well as a chapter on fiduciary administration.

The Third Edition of this book presents generally traditional material in a more efficient, contemporary format. Various graphics help to illustrate legal principles and breathe life (and sometimes humor) into this subject. The accompanying Teacher’s Manual includes an electronic adjunct containing classroom graphics.

New Edition of "Uniform Trust and Estate Statutes" Published

John H. Langbein (Sterling Professor of Law and Legal History, Yale Law School)  and Lawrence W. Waggoner (Lewis M. Simes Professor of Law, University of Michigan Law School) have recently published the 2007-2008 edition of their book, Uniform Trust and Estate Statutes.

Here is the publisher's description of this book:

The 2007-2008 Edition contains the full texts of three important new Uniform Acts bearing on the field, all of which were promulgated in 2006: the Revised Uniform Anatomical Gift Act, the Uniform Power of Attorney Act, and the Uniform Prudent Management of Institutional Funds Act.

As in past editions, the 2007-2008 Edition contains the full statutory texts of the principal Uniform Acts pertaining to trusts and estates. The book reproduces the official comments for the substantive articles of the Uniform Probate Code (Articles II and VI); for the Uniform Trust Code; and for most of the other Uniform Acts.

The book groups the trust and estates statutes in three parts:

• Part One, Probate Statutes, primarily contains the Uniform Probate Code (UPC). The Official 1990 text as published incorporates all subsequent amendments to date. The UPC incorporates several freestanding Acts, including the Uniform Disclaimer of Property Interests Act (1999) and the Uniform Estate Tax Apportionment Act (2003).

• Part Two, devoted to Trust Statutes, begins with the Uniform Trust Code (2000) and incorporates all subsequent amendments to date. Part Two also contains the Uniform Principal and Income Act (1997), the Uniform Prudent Investor Act (1994), and the Uniform Custodial Trust Act (1987).

• Part Three, containing other Uniform Acts, includes the Uniform Parentage Act (2000, with 2002 amendments); the Uniform Health-Care Decisions Act (1993); the Uniform Simultaneous Death Act (1993); the Uniform Fraudulent Transfer Act (1984); the Uniform Transfers to Minors Act (1983, with 1986 amendments); the Model Marital Property Act (1983); and the Uniform Premarital Agreement Act (1983).

The book also provides carefully selected extracts of important provisions from former versions of various Uniform Acts, especially the pre-1990 version of UPC Article II; and selected provisions from the new Restatements--the Restatement (Third) of Trusts and the Restatement (Third) of Property: Wills and Other Donative Transfers.

New Edition of Coletta's "Workbook on Estates and Future Interests"

In May, the Second Edition of Prof. Raymond R. Coletta's (McGeorge School of Law, University of the Pacific) Workbook on Estates and Future Interests will be released by West.

Here is the publisher's description of this book:

Foundationally Framed:  This title provides a basic introduction to estates and future interests law. Designed to offer solid knowledge of the area's central concepts, it guides readers through a series of increasingly complex conveyances. Rather than merely providing a set of conclusory answers to the problems, each and every conveyance is analyzed in detail. The workbook walks the reader through each step of the analysis for each and every problem, providing a firm understanding of why the conveyance creates each particular interest.

Progressively Challenging:  The workbook begins with an analysis of the fee simple estate and builds sequentially toward more complicated interests and conveyances. The information proceeds from the simple to more complex, later problems building on the successful command of earlier material.

Organized and Helpful:  The workbook also contains an extensive glossary, numerous summary charts, and a set of review problems that test the reader's developing mastery of the material.

Florida Specific Wills & Trusts Book Released

Carolina Academic Press has recently published Florida Wills, Trusts & Estates: Cases and Materials by by Elena Marty-Nelson, Eloisa C. Rodriguez-Dod, Gail Levin Richmond, Donna Carol Litman, and Jani Maurer (all professors at the Nova Southeastern University Shepard Broad Law Center).

Here is the publisher's description of this book:

This unique casebook examines wills and trusts by focusing on Florida law. The laws governing wills and trusts continue to be state-law driven despite widespread adoptions of uniform codes, such as the UPC and UTC. The authors believe there is much to be gained by studying the laws of one state as a whole, and Florida law is particularly well suited for studying this area of the law. Florida has a well developed probate code and its common law wills and trusts decisions address issues in fascinating factual situations that students find engaging. Moreover, in 2006 Florida adopted its version of the UTC referred to as the Florida Trust Code (FTC), effective July 1, 2007, making Florida a perfect platform for studying modern trusts law and practice.

Although Florida law is the focus, this casebook includes discussions of the common law from other states and uniform codes (including the UPC and UTC), particularly when they differ significantly from Florida law. Demonstrating how Florida law varies from that of other states (or uniform codes) serves a pedagogical purpose. It crystallizes the issues students will face when they practice wills and trusts by allowing them to see how other states may resolve these issues. This casebook may be productively used by students who expect to practice in Florida or in other states. Although the case or statutory law differs from state to state, the concepts and issues students will encounter and ponder are the same.

This casebook is also unique in the breadth and depth of its coverage in that it covers trusts as extensively as it does wills. That coverage recognizes modern trends in family wealth planning. It also treats topics that relate to both testate and intestate estates together. Covering topics such as disclaimers, slayer statutes, and simultaneous death together reinforces students’ understanding of the statutory rules and when the use of wills or other documents may be employed to achieve different outcomes. It introduces several related topics: durable powers of attorney and designations of health care surrogates; principal and income allocations; estate planning; and the probate process. These introductions are a useful bridge to such advanced courses as Elder Law, Estate Planning, and Probate Practice. Finally, this casebook includes wills and trusts forms, with extensive annotations provided by Northern Trust Corporation. The authors have found that students learn best when they can see various forms.

The authors designed this book to encourage students to think about the issues from the standpoint of both planners and litigators. Accordingly, they include numerous questions that require students to think about ways to draft or plan to avoid litigation. Notes accompanying cases suggest related issues and also guide students to think about even more nuanced problems.

Shaffer, Mooney and Boettcher's The Planning and Drafting of Wills and Trusts, 5th Edition Released

The Fifth Edition of The Planning and Drafting of Wills and Trusts authored by Thomas L. Shaffer, Carol Ann Mooney, and Amy Jo Boettcher has recently been released by Foundation Press as part of its University Textbook Series.

Here is the publisher's description of this book:

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.

New Edition of "Cases and Materials on Gratuitous Transfers"

The Fifth Edition of Cases and Materials on Gratuitous Transfers by Mark Ascher and Grayson McCouch will be available for use in Fall 2007 classes.

The following is a description of the new edition:

The Fifth Edition of Cases and Materials on Gratuitous Transfers incorporates new developments in judicial decisions and statutory law since 1999, including the Massachusetts Supreme Judicial Court's decision in Woodward v. Commissioner (status of posthumously-conceived children under intestacy law), the Montana Supreme Court's decision in In re Estate of Kuralt (holographic wills), and the U.S. Supreme Court's decision in Marshall v. Marshall (scope of the "probate exception" to federal jurisdiction).

The text also includes extensive references to the Restatement (Third) of Trusts and the Uniform Trust Code. The chapter on estate and gift taxation has been updated to reflect significant statutory changes, including the Economic Growth and Tax Relief Reconciliation Act of 2001. The organization and general approach, however, remain essentially unchanged from previous editions.

"Estate Planning and Taxation" -- 14th Edition

John C. Bost (Professor Emeritus, San Diego State University) has recently published the 14th edition of his book entitled Estate Planning and Taxation.  Although this book is not designed for law school classroom use, it may nonetheless be a useful resource.

Here is a description of the text:

[This book] presents a concise and integrated overview, highlighting the essence of concepts without confusing the reader with every technical qualification and reference.

• Subject matter is Internal Revenue Code and case driven
• Numerous examples are included to clarify concepts
• End-of-chapter questions and problems, many with solutions
• Glossary, tax and valuation tables relevant to estate planning are included
• Teachers resources include an instructor's manual, test bank, and Teaching Aids CD-ROM

4th Edition of "Wills, Trusts, and Estates" Volume of Examples & Explanations Series Released

Aspen Publishers has recently released the Fourth Edition of the Wills, Trusts, and Estates volume of its Examples and Explanations series.

This book focuses on intestate succession, wills, trusts, estate administration, non-probate assets, wealth transfer taxation, disability and death planning, and malpractice and professional responsibility.  This book augments Wills, Trusts, Wills & Estates, Trusts & Estates, Gratuitous Transfers, and similarly titled courses which provide law students with their first comprehensive introduction to property transmission upon death.  This book also provides essential background and review material for students taking advanced courses in estate planning and wealth transfer taxation.  The discussion, along with the hundreds of examples and explanations, covers both the theoretical and practical applications of the legal concepts.

Here is a list of the major enhancements made to the Fourth Edition:

• Updated and expanded casebook correlation tables
• Additional topics covered including:
  • Tortious interference with an expectancy, and
  • Transfer on death deeds
• Updated coverage of many topics including:
  • Self-settled spendthrift trusts
  • Rule Against Perpetuities reform
  • Federal Gift, Estate, and Generation-Skipping Transfer Tax
  • Uniform Trust Code
  • Rights of same-sex partners
  • Medicaid planning
  • Physician-assisted suicide.
• Text and examples “fine-tuned” to enhance readability and pedagogical value

Third Edition of Prof. Campfield's Estate Planning and Drafting Book to be Available in May

Regis Campfield (Marilyn Jeanne Johnson Distinguished Law Faculty Fellow and Professor of Law, Southern Methodist University School of Law), has prepared the Third Edition of his Estate Planning and Drafting book. It will be available for use in Fall 2007 classes.

The publisher (Thomson-West) describes the book as follows:

This is a problems-driven book, meaning that cases and rulings are included as resource materials for use in solving the problems. The materials are arranged in the fashion that individuals think about wealth transmission, beginning with wills, going on to trusts for non-tax reasons, then to tax planning at death and, finally, to lifetime tax planning.

The materials are arranged so that each chapter can be used independently of the chapters which follow or precede it. In each case, the issues are approached transactionally. It is expected that users will customize the materials by selecting those portions of interest to them, utilizing the convenient paragraph numbering system.

California Casebook -- Prof. Shafiroff Authors New Edition

Ira L. Shafiroff (Professor of Law, Southwestern Law School) has recently published the second edition of his casebook entitled CA Wills and Trusts, Fundamental Principals, Ethical Considerations, and Moral Concerns.

The publisher describes the book as follows:

California Wills and Trusts uses a traditional case method anchored specifically to the California Probate Code. Included throughout are California Law Revision Commission comments and explanatory notes. The text focuses on California law for both wills and trusts, but for trusts, also gives full treatment for other lines of authority, thus ensuring complete coverage for the California Bar Exam (which requires California law for wills questions, but general legal principles for trusts questions).

Final Exam: A Surgeon's Reflections on Mortality

Dr. Pauline W. Chen's book, Final Exam: A Surgeon's Reflections on Mortality was released on January 9, 2007. 

The following is from an excerpt from Dr. Chen's Q&A page:

I wrote Final Exam with the hope that it would inspire much needed discussions about end-of-life care. People have a hard time talking with one another about dying — we talk around the topic or ignore it all together — and this has been one of the biggest obstacles to all the efforts to improve end-of-life care.
   
The issue becomes particularly problematic when it occurs between doctors and their patients because any miscommunication means that patient care will in some way suffer. Doctors and non-doctors are often portrayed as standing at odds with one another. But I think that we ultimately share the same difficulties in grappling with death, albeit colored by our personal and professional experiences and by our cultural and ethnic backgrounds.
   
I hope that Final Exam will bridge the divide between doctors and their patients. I hope that it helps to support the current professional reform efforts in end-of-life care and even helps to accelerate the pace of political change. But my greatest hope is that Final Exam will create a common ground from which we can all begin to have meaningful discussions: about how we die, how we care for the dying, and ultimately how we live.

Special thanks to Neil E. Hendershot of the Harrisburg, Pennsylvania law firm of Goldberg Katzman, P.C., who also authors the PA Elder, Estate & Fiduciary Law Blog, for bringing this book to my attention.  Neil has written extensively about this book here.

Elder Law in a Nutshell

Prof. Lawrence A. Frolik (University of Pittsburgh School of Law) and Prof. Richard L. Kaplan (University of Illinois College of Law) have recently published the fourth edition of their book, Elder Law in a Nutshell (Thomson-West).  Here is a description of the book:

This reliable source provides expert narration on the scope and diversity of elder law. The text addresses ethical considerations and health care decision-making issues. Discusses Medicare, Medigap, Medicaid, and long-term care insurance. Looks into living arrangements, guardianship, and benefits—Social Security, supplemental security income, veterans benefits, and pension plans. Also explores age discrimination in employment, elder abuse, and neglect.

Review of "Broken Trust"

Earlier on this blog, I discussed the book Broken Trust: Greed, Mismanagement & Political Manipulation of American's Largest Charitable Trust by Samuel P. King (Judge, U.S. District Court for the District of Hawai'i) and Randall W. Roth (professor, University of Hawai'i School of Law) which discusses the problems arising from the Bishop Estate.

Paul D. Carrington (Professor of Law, Duke University) has recently published a review of this book, Testamentary Incorrectness: A Review Essay, 54 Buff. L. Rev. 693 (2006).   Here is the conclusion of Prof. Carrington's review:

The "Hawaiian Renaissance" continues to present difficult questions for Trustees of the Kamehameha Schools. The aims of the testatrix are now lost to view and have been replaced in much of the public's mind by somewhat contrary aims that invite not only racially-based opposition, but may evoke continued resistance in state and federal courts and in the Internal Revenue Service. True, the Princess is still celebrated as the sacred progenitor of the program, but that almost seems unjust to her memory, if anyone should care about that. Meanwhile, those of us who have no responsibility for dealing with the abiding issues enumerated above, can be grateful to the authors for providing us with a penetrating view of how fiduciaries can be placed in such a woeful pickle by twenty-first century racial politics.

How to Expertly Draft Estate Planning Documents

Kevin D. Millard, a partner in the Colorado law firm of Chorney & Millard LLP, has recently published a book entitled Drafting Wills, Trusts, and Other Estate Planning Documents: A Style Manual (Bradford Publishing Co.).

Here is the publisher's description of this book:

As an attorney, you communicate with your clients not only through phone calls and e-mail, but also through the documents that you draft for them. Drafting clear, well-written documents is critical for the success of any attorney, but particularly for trusts and estates lawyers—after all, the lawyer is speaking on behalf of the client and stating what the client wants to have happen at the time of death or disability.

Legal drafting is not a skill that can be mastered in law school; it is an ongoing process that requires attention and continuous refinement throughout your legal career. Drafting Wills, Trusts, and Other Estate Planning Documents can help you take the first steps toward improving your legal drafting skills and teach you new writing habits that will result in better documents.

In addition to addressing issues of style, organization, grammar, and the appearance of the document, the book specifically teaches you how to adapt language from existing legal forms and refine it for use in your practice. The final chapter includes several estate planning documents, with annotations explaining how the author has incorporated the suggestions in this book to create clearer, more concise legal documents—and ones that still meet the needs of clients, other attorneys, and the courts.

I have read through this book and found it to be excellent!  It provides outstanding advice for both  novice and experienced estate planners.  In addition, it would make an excellent text for a law school course in Estate Planning.

Casebook on Texas Trust Law Published

Texas Trust Law: Cases and Materials (2007) is now available.

This book is designed for law school courses covering trusts.  The cases, problems, and questions are drawn extensively from Texas materials and attempt to provide the student with a comprehensive understanding of how trust creation, administration, and enforcement are handled in Texas.  Resulting trusts, constructive trusts, and trust accounts are also discussed.

California Statutory Supplement

The following is adapted from an e-mail sent by Aspen Publishers:

A California Companion for the Course in Wills, Trusts & Estates
Susan F. French, UCLA School of Law
2006. Approx. 262 pages. Paperback. ISBN:  0-7355-6436-1

At