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Preface | |
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Casebook Correlation Chart | |
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Capsule Summary | |
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Introduction to Wills, Trusts, and Estates | |
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The Power to Transfer Property at Death | |
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The Right to Transfer Property at Death | |
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Course Overview | |
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The Probate Process: An Overview | |
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"Dead Hand" Control | |
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Estate Planning: An Introduction | |
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Professional Responsibility | |
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Quiz Yourself on Introduction to Wills, Trusts, and Estates | |
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Exam Tips on Introduction to Wills, Trusts, and Estates | |
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Intestacy: The Default Distribution Scheme | |
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The Intestate Distribution Scheme | |
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Surviving Spouse: Who Qualifies | |
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Surviving Spouse: Calculating Share | |
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Descendants/Issue: Calculating Shares | |
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Shares of Ancestors and Remote Collaterals | |
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Issue: Who Qualifies | |
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Survival Requirement | |
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Bars to Succession | |
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Quiz Yourself on Intestacy: The Default Distribution Scheme | |
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Exam Tips on Intestacy: The Default Distribution Scheme | |
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Limitations on the Testamentary Power to Transfer | |
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Spousal Protection Schemes: An Overview | |
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Surviving Spouse's Right to Support | |
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Surviving Spouse's Right to a Share of the Marital Property | |
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The Elective Share Doctrine | |
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Community Property | |
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The Omitted/Pretermitted Spouse | |
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The Omitted/Pretermitted Child | |
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Limitations on Charitable Gifts | |
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Quiz Yourself on Limitations on the Testamentary Power to Transfer | |
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Exam Tips on Limitations on the Testamentary Power to Transfer | |
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Testamentary Capacity | |
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General Testamentary Capacity | |
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Insane Delusion | |
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Undue Influence | |
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Fraud | |
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Quiz Yourself on Testamentary Capacity | |
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Exam Tips on Testamentary Capacity | |
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Wills Execution, Revocation, and Scope | |
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Executing a Valid Will | |
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Common Law Approach to Attested Wills | |
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Modern Trend Approach to Attested Wills | |
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Holographic Wills | |
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Scope of a Will | |
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Revocation | |
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Contracts Concerning Wills | |
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Quiz Yourself on Wills Execution, Revocation, and Scope | |
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Exam Tips on Wills Execution, Revocation, and Scope | |
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Construing Wills | |
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Admissibility of Extrinsic Evidence: General Rule | |
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Scrivener's Error | |
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Changes in Testator's Property | |
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Changes in the Beneficiary | |
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Quiz Yourself on Construing Wills | |
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Exam Tips on Construing Wills | |
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Nonprobate Transfers: Will Substitutes | |
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Inter Vivos Gifts | |
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Overview of Nonprobate Transfers | |
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Contracts with Payable-on-Death Clauses | |
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Multiple Party Bank Accounts | |
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Joint Tenancies | |
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Revocable Deeds | |
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Inter Vivos Trusts | |
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Pour-over Wills and Inter Vivos Trusts | |
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Planning for the Possibility of Incapacity | |
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Quiz Yourself on Nonprobate Transfers: Will Substitutes | |
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Exam Tips on Nonprobate Transfers: Will Substitutes | |
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Trusts: Creation, Life, and Termination | |
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Introduction: Conceptual Overview | |
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Requirements to Create a Valid Express Trust | |
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Life of Trust: Extent of Beneficiaries' Interests | |
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Life of Trust: Creditors' Rights/Spendthrift Clauses | |
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Trust Modification and Termination | |
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Quiz Yourself on Trusts: Creation, Life, and Termination | |
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Exam Tips on Trusts: Creation, Life, and Termination | |
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Charitable Trusts | |
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Charitable Purpose | |
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Cy Pres | |
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Enforcing the Terms of a Charitable Trust | |
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Quiz Yourself on Charitable Trusts | |
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Exam Tips on Charitable Trusts | |
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Powers of Appointment: Discretionary Flexibility | |
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Introduction | |
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Creating a Power of Appointment | |
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Releasing a Power of Appointment | |
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Exercising a Power of Appointment | |
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Attempted Appointment That Fails | |
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Failure to Exercise a Power of Appointment | |
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Quiz Yourself on Powers of Appointment: Discretionary Flexibility | |
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Exam Tips on Powers of Appointment: Discretionary Flexibility | |
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Construing Trusts: Future Interests and Class Gifts | |
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Future Interests | |
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Preference for Vested Remainders | |
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Class Gifts | |
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Quiz Yourself on Construing Trusts: Future Interests and Class Gifts | |
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Exam Tips on Construing Trusts: Future Interests and Class Gifts | |
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The Rule Against Perpetuities | |
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Introduction | |
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Classic Rule Against Perpetuities Scenarios | |
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Class Gifts and the Rule Against Perpetuities | |
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Powers of Appointment and the Rule Against Perpetuities | |
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The Rule Against Perpetuities Saving Clause | |
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Reforming the Rule Against Perpetuities | |
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Quiz Yourself on the Rule Against Perpetuities | |
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Exam Tips on the Rule Against Perpetuities | |
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Trust Administration and the Trustee's Duties | |
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Trustee's Fiduciary Duties | |
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Trustee's Powers | |
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Trust Investments | |
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Trustee's Liability to Third Parties | |
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Quiz Yourself on Trust Administration and the Trustee's Duties | |
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Exam Tips on Trust Administration and the Trustee's Duties | |
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Estate and Gift Taxes | |
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Overview | |
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The Federal Gift Tax Scheme | |
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The Federal Estate Tax: An Overview | |
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Calculating the Decedent's Gross Estate | |
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The Marital Deduction | |
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The Generation-Skipping Transfer Tax | |
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State Death Taxes | |
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Quiz Yourself on Estate and Gift Taxes | |
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Exam Tips on Estate and Gift Taxes | |
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Table of Cases | |
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Index | |