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Wills, Trusts, and Estates in Focus 2nd Edition By Naomi Cahn, Alyssa DiRusso, Susan Gary

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Document details

Pages: 459
File size: 12.61 MB
Format: Digital PDF
Course: Education
Category: eBook[PDF]

About this ebook

Wills, Trusts, and Estates in Focus (2nd Edition) by Naomi Cahn, Alyssa DiRusso, and Susan Gary covers the fundamental principles of wealth transfer law. The textbook's organization is strategically keyed to the essay topics tested on the Multistate Bar Examination (MBE) and aligns with the foundational skills requirements of the NextGen Bar Exam.

Core Topics Covered

Intestate Succession: Legal default frameworks for distributing assets when a person dies without a valid will, including calculating shares for surviving spouses, children, and next of kin.
Wills Formalities & Execution: The strict legal rules required to create a valid will, focusing on signatures, attestation, and modern shifts like electronic wills, remote witnessing, and remote notarization.
Will Revocation and Revival: The legal mechanisms used to intentionally cancel, amend (via codicils), or restore a previously revoked will.
Will Contests & Capacity: Legal challenges to a will's validity, emphasizing required testamentary capacity, insane delusions, fraud, and undue influence (featuring major case updates like Reynolds v. Van Den Steene).
Subsidiary Doctrines of Interpretation: Rules governing complex asset changes before death, such as lapsed gifts, ademption, incorporation by reference, and pour-over wills.
Family Protections: Statutory safeguards designed to prevent the unintentional disinheritance of spouses or children, including the spousal elective share.
Simultaneous Death & Survival: Legal determinations of property distribution when beneficiaries die close in time, incorporating recent updates to the Uniform Determination of Death Act.
The Law of Trusts: The creation, elements, purposes, and administration of private trusts. It details the rights of beneficiaries and the fiduciary duties of trustees.
Specialized Trusts & Modifications: The management of charitable trusts, asset protection, and mechanisms for reforming or terminating a trust by unanimous consent.
Estate Administration & Wealth Transfer Tax: The role of the personal representative, navigating the probate court system, and enhanced coverage of tax values regarding the evolution of the federal estate tax.

Practice-Focused Features Included

NextGen Bar Skills Integration: Multi-layered problem sets designed to train students to isolate dispositive facts within legal issues.
Real-Life Applications: Case studies, actual will contest pleadings, and probate filing examples included in the appendices to bridge classroom theory with transactional practice.