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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 | |