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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

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:
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

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