Wills, Trusts, and Estates: Examples and Explanations

by Beyer, Gerry W.

• ISBN13: 9780735500617
• ISBN10: 0735500614
• Format: Paperback
• Copyright: 1999-02-01
• Publisher: Wolters Kluwer

Summary

This new addition To The popular Examples & Explanations Series brings a new degree of clarity to Will, Trusts, and Estates. Noted author Gerry Beyer helps students work through troublesome topics to get a firm grasp of the underlying concepts of the subject. WILLS, TRUSTS, AND ESTATES: Examples & Explanations is equally well suited for class use or independent study. This lively and engaging text lead students to enlightenment through the careful use of: -sample wills and trusts -clear and lucid explanations -effective practice problems -a no-intimidating, conversational tone Instructors will appreciate the book's flexible an adaptable structure that complements a wide range of teaching approaches. Beyer's comprehensive text explores: -non-probate assets -estate administration -disability and death planning -malpractice and professional responsibility -wealth transfer taxation For extra help with an especially difficult concept or a solid review of the entire subject, WILLS, TRUSTS, AND ESTATES: Examples and Explanations is an excellent choice. Table of Contents Chapter 1: Introduction and Overview 1.1 Brief History of Property Transference When Owner Dies 1.2 Basic Terminology Used in This Book 1.3 Determination of Applicable Law 1.4 the 'Big Picture' PART ONE - INTESTATE SUCCESSION Chapter 2: Descent and Distribution 2.1 Reasons Most Individuals Die Intestate 2.2 Historical Development of Descent and Distribution 2.3 Surviving Spouse 2.4 Descendants 2.5 Ancestors and Collaterals 2.6 Escheat Chapter 3: Treatment of Certain Categories of Potential Heirs 3.1 Posthumous or Afterborn Heirs 3.2 Adopted Individuals 3.3 Non-Marital Children 3.4 Children from Alternative Reproduction Technologies 3.5 Stepchildren 3.6 Half-Blooded Collateral Heirs 3.7 Non-United States Citizens 3.8 Unworthy Heirs Chapter 4: Other Intestate Succession Issues 4.1 Ancestral Property 4.2 Advancements 4.3 Survival 4.4 Disclaimers 4.5 Assignment or Release of Expectancy to Inherit 4.6 Equitable Conversion 4.7 Liability for Debts of Predeceased Intermediary 4.8 Heir Designation 4.9 Choice of Law PART TWO - WILLS Chapter 5: Requirements for a Valid Will 5.1 Legal Capacity 5.2 Testamentary Capacity (Sound Mind) 5.3 Testamentary Intent 5.4 Formalities Chapter 6: Changing Circumstances After Will Execution - Property 6.1 Classification of Testamentary Gifts 6.2 Ademption by Extinction 6.3 Ademption by Satisfaction 6.4 Changes in Value 6.5 Exoneration 6.6 Abatement 6.7 Tax Apportionment Chapter 7: Changing Circumstances After Will Execution - Persons 7.1 Marriage of a Testator 7.2 Divorce of Testator 7.3 Pretermitted Heirs 7.4 Death of Beneficiary - Lapse 7.5 Failure of Charitable Gift - Cy Pres 7.6 Survival Chapter 8: Revocation of Wills 8.1 Revocation by Operation of Law 8.2 Revocation by Physical Act 8.3 Revocation by Subsequent Writing 8.4 Presumptions 8.5 Revival 8.6 Conditional Revocation 8.7 Multiple Originals Chapter 9: Interpretation and Construction 9.1 Ambiguity 9.2 Integration 9.3 Incorporation by Reference 9.4 Facts of Independent Significance 9.5 Tangible Personal Property Document 9.6 Pour-Over Provisions 9.7 Precatory Language 9.8 Class Gifts 9.9 Dead Person's Statute Chapter 10: Will Contests 10.1 Failure to Satisfy Requirements of a Valid Will 10.2 Insane Delusions 10.3 Undue Influence 10.4 Duress 10.5 Fraud 10.6 Mistake 10.7 Remedies 10.8 Preventing Will Contests Chapter 11: Other Will Issues 11.1 Conditional Wills

Author Biography

Gerry W. Beyer is Professor of Law, St. Mary's University School of Law.