Decedents' Estates

The fifth edition of this casebook continues the use of fact-driven judicial decisions to illustrate the expanding list of non-probate devices, execution and revocation of a valid Last Will and Testament, and statutory intestate succession.

States continue to adopt self-settled asset protection trust legislation, trust protectors, dynasty trusts, and choice of situs accommodations. Socially responsible investing is offered for discussion, as are the merits of the Rule Against Perpetuities. Readiness for practice is illustrated with planning for incapacity cases and hypotheticals, including long-term housing payment options, federal and state entitlement programs, and the impact of diminished capacity and undue influence on arbitration and the validity of wealth transfer instruments. There are numerous excerpts from practitioners, providing insight into how the law works in practice, and problems are offered with corresponding pertinent feedback.

Changes to the Uniform Probate Code and the Uniform Parentage Act are included, as are innovations referencing artificial intelligence, the Electronic Wills Act, the Electronic Estate Planning Documents Act, and the Cohabitants Economic Remedies Act. Federal and state statutes are introduced, specifically newly enacted ones seeking to curb rising incidents of elder financial abuse, as well as describing the interplay of taxes and wealth transfer.

The fifth edition continues to include material on assisted reproduction, including surrogacy and parenthood, illustrating de facto parenthood and posthumous conception. The casebook also addresses the impact of nonmarital cohabitation on inheritance claims upon the death of a cohabiting partner; also, provisions of the Premarital and Marital Agreements Act are included, illustrated with a pertinent case. Included, too, are references to the newly promulgated Directed Trust Act, the Trust Decanting Act, the Uniform Fiduciary Income and Principal Act, the Powers of Appointment Act, and the Revised Uniform Fiduciary Access to Digital Assets Act.

In addition, the comprehensive Teacher's Manual contains an Appendix with multiple-choice and essay questions and corresponding answers for each.