Decedents' Estates: Cases and Materials Fifth Edition O'Brien ISBN:9781531030346

The fifth edition of this casebook brings a dynamic, practical approach to the study of wills, trusts, and estates, using real-world cases to highlight the growing use of non-probate transfers, the creation and revocation of wills, and intestate succession laws.

This edition captures the latest developments in trust law, including the rise of self-settled asset protection trusts, dynasty trusts, and the increasing flexibility offered by states in trust situs selection and trust protector provisions. Discussions on socially responsible investing are included, as is a fresh look at the Rule Against Perpetuities.

The casebook equips students for real-life practice by diving into planning for incapacity, including long-term care options, federal and state benefit programs, and how diminished capacity and undue influence impact arbitration and wealth transfer validity. First-hand insights from legal practitioners and practical problems with feedback help bridge the gap between theory and practice.

Significant legislative updates are featured, including amendments to the Uniform Probate Code and the Uniform Parentage Act, as well as forward-thinking laws on artificial intelligence, the Electronic Wills Act, the Electronic Estate Planning Documents Act, and the Cohabitants Economic Remedies Act. New state and federal statutes aimed at addressing elder financial abuse are covered, alongside critical discussions on taxation in wealth transfers.

Emerging areas like assisted reproduction, surrogacy, and de facto parenthood—including posthumous conception—are thoroughly explored. The impact of nonmarital cohabitation on inheritance claims, particularly upon a partner’s death, is analyzed, along with key provisions of the Premarital and Marital Agreements Act.

This edition also introduces cutting-edge legal frameworks, such as the Directed Trust Act, Trust Decanting Act, Uniform Fiduciary Income and Principal Act, Powers of Appointment Act, and Revised Uniform Fiduciary Access to Digital Assets Act.

Additionally, an expansive Teacher's Manual offers a wealth of resources, including an Appendix filled with multiple-choice and essay questions, complete with detailed answers.

Decedents' Estates: Cases and Materials Fifth Edition O'Brien ISBN: 9781531030346