Wills, Estates, and Trusts

I have nothing, I owe a great deal; the rest I give to the poor. — the purported will of Rabelais

Wills and Estates

Intestate Distribution Scheme: Descent And Distribution Statutes
Intestate Distribution to Issue: Per Stirpes, Per Capita With Representation, And Per Capita At Each Generation
Intestate Distribution to Ancestors and Collateral Relatives
Who Qualifies as Issue of a Decedent?
Uniform Parentage Act (UPA)

Surviving Spouse
Surviving Spouse Support: Pension Survival Benefits, Marital Property, Homestead and Personal Property Exemption, and the Family Allowance
Elective Share Of The Augmented Estate
Community Property
Omitted Spouse
Omitted Children

Appointing a Personal Guardian and Leaving Property for Minor Children: Property Guardianships, Uniform Transfer to Minors Act Custodianships, Child's Trust and Family Pot Trusts, 529 and Coverdell Accounts, and Handling Life Insurance Proceeds for Minors
Gifts to Children: Advancements, Guardianships, Conservatorships, Custodianships, and Trusts
Disclaimers
Lapsed Gifts And Anti-Lapse Statutes
Class Gifts
Ademption, Avoidance Of Ademption, And Abatement
Bars To Inheritance: Homicide, Abuse, Or Abandonment

Will Contests
Will Contests: Testamentary Capacity, Insane Delusion, and Undue Influence
Fraud and Tortious Interference With An Expectancy Of An Inheritance Or A Gift
Will Execution: The Common Law Elements Of The Wills Act Formalities
Modern Trend in Wills Act Formalities: Substantial Compliance and Harmless Error Doctrines
Will Components: Will Integration, Codicils, Incorporation By Reference, And Acts Of Independent Significance
Will Construction and Extrinsic Evidence: Plain Meaning Rule, Patent and Latent Ambiguities, Will Reformation
Holographic Wills
Will Revocation and Revival
Will Contracts: Contracts to Provide for a Beneficiary, or to Not Change or Revoke a Will
Will Substitutes (aka Nonprobate Instruments)
Simplified Probate: Collection of Personal Property by Affidavit and Summary Probate Administration
Joint Tenancy
Pour-Over Wills

Trusts
Trust Creation
Mandatory and Discretionary Trusts
Trust Modification and Termination
Trusts And The Rights Of Beneficiary Creditors; Spendthrift, Support, and Self-Settled Asset Protection Trusts
Future Interests
Powers of Appointment
Rule Against Perpetuities
Rule Against Perpetuities: Powers of Appointment, Saving Clause
Rules Against Perpetuities: Modern Trend
Charitable Trusts
Marital Trust
AB Trusts and AB Disclaimer Trusts
Qualified Terminal Interest Property (QTIP) Trusts
Qualified Domestic Trusts (QDOT)
Grantor-Retained Interest Trusts: Grantor-Retained Annuity Trusts (GRATs), Grantor-Retained Unitrusts (GRUTs), Grantor-Retained Income Trusts (GRITs), and Qualified Personal Residence Trusts (QPRTs)
Irrevocable Life Insurance Trusts, Including Crummey Trusts
Dynasty Trusts
Taxation of Trusts and their Beneficiaries
Trustees
General and Specific Powers of the Trustee
Prudent Investment Of Trust Assets
Trustee's Duty To Report
Breach of Trust
Wills, Estates, and Trusts Resources

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