This book provides students the opportunity to draft an entire estate plan for a fairly typical couple, from the initial client meeting and retainer letter, to the will, revocable trust and the transmittal letter. Students can role-play as clients or lawyers and work in teams to draft the documents, or they can work through the documents individually.
Formatted Contents Note
Cover Page; Title Page; Copyright Page; Table of Contents; Introduction; Why Skills Practice; Meeting Your Clients and Their Family; Chapter 1. Identifying the Client and the Natural Objects of Her Bounty; Exercise 1â#x80;#x94;Determining the Nature of the Representation; The Law of Joint Representation; The Public Facts; Exercise 2â#x80;#x94;The Client Retainer Letter; Exercise 3â#x80;#x94;Keeping Track of Your Time; Lessons Learned; Practice Problems; Chapter 2. Identifying the Clientâ#x80;#x99;s Property; The Law of Property (Revisited); a. Present Estates and Future Interests; i. Fee Simple Absolute. Ii. Defeasible Fee Simpleiii. Life Estates; iv. Term of Years; b. Concurrent Estates; c. Joint Bank Accounts; Exercise 1â#x80;#x94;Ascertaining the Clientâ#x80;#x99;s Estate; The Public Facts; Exercise 2â#x80;#x94;The Probate and the Non-Probate Estate; 1. How Do You Allocate Jointly Held Property?; 2. How Do You Value Life Insurance and Future Interests and What Do We Do with Debts?; Lessons Learned; Practice Problems; Chapter 3. Family Protections: Calculating Homestead, Family Allowance, Exempt Property, Intestate Shares, and the Spousal Share; History of the Family Protections; Family Set-Asides. Homestead PropertyFamily Allowance; Exempt Property; Exercise 1â#x80;#x94;UPC Homestead, Family Allowance, and Exempt Property Set-Asides; a. UPC Family Set-Asides; b. Set-Asides Under the Laws of Your State; c. Determining the Property Used to Satisfy the Set-Asides; The Law of Intestacy and Calculating the Surviving Spouseâ#x80;#x99;s Intestate Share; Exercise 2â#x80;#x94;Calculating the Intestate Shares; The Law of Elective Shares and Community Property; Models for Calculating the Elective Estate; Community Property States; Exercise 3â#x80;#x94;Elective Share Calculations; a. Elective Share of the Net Probate Estate. B. Elective Share of the Augmented Estatec. Elective Share Under the UPC; i. Calculation of the Super-Augmented Estate; ii. Calculation of the Marital Property Portion of the Super-Augmented Estate; iii. Calculation of the Elective Share; iv. Offsetting the Elective Share Percentage; Lessons Learned; i. Planning with the Net Probate Estate Model; ii. Planning with the Augmented Estate Model; iii. Planning with the Graduated Super Augmented Estate Model; Practice Problems; Chapter 4. Planning for Incapacity; Health Care Decisions. Exercise 1â#x80;#x94;Health Care Proxy/Living Will/Authorization for Disposition of RemainsManagement of Property During Incapacity; Exercise 2â#x80;#x94;The Durable Power of Attorney; Lessons Learned; Practice Problems; Chapter 5. The Basic Will; The Executor and the Guardian; Exercise 1â#x80;#x94;Introduction, Guardian, Executor, Debts and Funeral Arrangements; Drafting Considerations; Disposing of the Property; Exercise 2â#x80;#x94;Drafting the Property Provisions; The Public Facts; Exercise 3â#x80;#x94;Lapsed Gifts, Will Contests, and the Will Formalities; Lessons Learned; Practice Problems; Chapter 6. The Basic Revocable Trust.
Digital File Characteristics
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Print version record.
Available in Other Form
Print version: Wright, Danaya. Trusts and Estates Simulations Bridge to Practice. West Academic, 2015