Wills and Trusts
Don Gjerdingen
B645, Spring, 2009
Syllabus
Let's talk of graves, of worms, and epitaphs;
Make dust our paper and with rainy eyes
Write sorrow on the bosom of the earth,
Let's choose executors and talk of wills.
Richard II, Act 3, Scene 2
Week 1 — January 15, Jan 20, Jan 21
- An Introduction to Probate and the Probate Process
- Intestacy — Estate Plan by Operation of Law
First Assignment
Welcome. Your first is assignment consists of three parts:
- Read pages 30-43 in the Dukeminier and Johanson casebook, and look at Problem 2 on page 43.
- Eat a good breakfast.
- Show up for class.
Syllabus
Links
- What to do When Someone Dies
Week 2 — January 26
- Intestacy — Selected Problems
Our class will not meet on Monday, January 21, in honor of Dr. King.
Syllabus
Handouts
Week 3 — February 2
- Wills — Execution
- Formal Wills — The Mechanics
Syllabus
Links
Week 4 — February 9
- Formal Wills — Practice Concerns — The Problems of Gifting Within the Family
- Components of a Will
- Revocation of Wills
Syllabus
Links
Week 5 — February 16
- Defenses to Formation of Wills and Will Contests
- Special Precautions Against Will Contests
- Construction of Wills
Syllabus
Week 6 — February 23
- Construction of Wills — continued
- Restrictions on the Power of Disposition: The Special Case of Protection for the Surviving Spouse
Syllabus
Links
- Vermont Supreme Court Decision on Civil Unions:
- Massachusetts Supreme Judicial Court decisions on same-sex couples entitled to marry:
- Recent Indiana cases on same-sex marriage and adoption:
Week 7 — March 2
- Practice Concerns — Special Problems With Spouses and Children
- Will Substitutes: Avoidance of Probate
Syllabus
Week 8 — March 9
- An Overview of Trusts
- Practice Concerns for Trusts
Syllabus
Spring Break — March 16
Week 9 — March 23
Trusts — continued
- An Overview of Powers of Appointment
- Limits on the Duration of Trusts — The Special Intricacies of the Rule Against Perpetuities
Syllabus
Links
Handouts
- The Little Book on Perpetuities PDF Word
Week 10 — March 30
- Perpetuities — continued
- An Introduction to Investing for Retirement and Gifts
Syllabus
Handouts
- Perpetuities Problems
- Perpetuities Answers
Links
Week 11 — April 6
- A Short Primer on Investing — Part I — Markets
- A Short Primer on Investing — Part II — Asset Allocation and Modern Portfolio Theory (MPT)
Syllabus
Links
Week 12 — April 13
- A Short Primer on Investing — Part III — Taxes (Or Later Taxes, Or No Taxes)
- A Short Primer on Investing — Part IV — Why All This Matters for Clients and Estates
- A Short Primer on Retirement Investing — A Review and A Few, Easy Rules
Syllabus
Handouts
- The Rules of Investing: What You'll Wish You Knew at 25 [Word] [PDF]
Links
Week 13 — April 20
- Trust Administration — The Duties and Special Office of Trustee
- An Overview of Estate Administration [Lecture]
- A Brief Overview of Estate Taxes
- Review
Syllabus
Handout
- Wills & Trusts Spring 2009 Exam Instructions