Florida Wills, Trusts and Estates

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  • Format: Hardcover
  • Copyright: 2006-12-29
  • Publisher: Carolina Academic Pr

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Supplemental Materials

What is included with 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. We 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. We have found that students learn best when they can see various forms.We have designed this book to encourage students to think about the issues from the standpoint of both planners and litigators. Accordingly, we 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.

Author Biography

Elena Marty-Nelson is a professor of law at Nova Southeastern University Shepard Broad Law Center.

Table of Contents

Probate and gross estatesp. 3
Intestate estatesp. 27
Formalities of executionp. 55
Testamentary capacity and undue influencep. 75
Fraud, duress, mistake, spoliation, and tortious interferencep. 113
Amendment and revocation; and dispositions by other meansp. 139
Dependent relative revocation; lost or destroyed wills; and later discovery of a willp. 159
Ambiguities and rules of constructionp. 173
Types of devises; abatement; ademption; accessions; exoneration; and apportionment of taxesp. 183
Presumed intent - pretermission and divorcep. 207
Lapse and antilapse and class giftsp. 225
Homestead; personal property exemptions; and family allowancep. 233
Elective sharep. 255
Miscellaneous issues affecting testate and intestate estatesp. 273
Agreements concerning successionp. 297
Nonresidents and ancillary administrationp. 323
Introduction to trustsp. 331
Substantive trust elementsp. 341
Trust formalitiesp. 369
Revocable trusts and properly funding trustsp. 379
Wills-trusts crossover issuesp. 395
Trusts providing protection from creditorsp. 427
Additional uses for trusts - elective share trusts; marital deduction planning; life insurance trusts; and trusts for animalsp. 455
Termination and modification of irrevocable trustsp. 469
Charitable trustsp. 499
Powers of appointmentp. 519
Classifying future interests and the rule against perpetuitiesp. 531
Fiduciary powers, duties, and liabilitiesp. 569
Constructive trusts and resulting trustsp. 611
Principal and incomep. 633
Documents related to wills and trustsp. 647
Introduction to estate and tax planningp. 687
Probate administrationp. 707
Will with testamentary trust (northern trust form 101)p. 729
Will with pour over devise (northern trust form 110)p. 769
Codicil to will (northern trust form 113)p. 783
Revocable trust agreement (married settlor) (northern trust form 201)p. 791
Revocable trust agreement (unmarried settlor) (northern trust form 208)p. 833
Table of Contents provided by Blackwell. All Rights Reserved.

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