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Overview
Guide students in the basics of estate planning and bequeathing property to others through wills and trusts with Walter/Wright's WILLS, TRUSTS, AND ESTATE ADMINISTRATION, 9E. This market-leading resource in paralegal education familiarizes readers with the latest laws and procedures, including the Uniform Probate Code, the new Uniform Electronic Wills Act and the Uniform Partition of Heirs' Property Act. Packed with visually driven content and enhanced by detailed exhibits and a writing style free of confusing legalese, this edition addresses substantive probate law, procedural law, tax implications, ethical considerations and the important role that paralegals and other legal professionals play. Students examine the latest laws, court procedures, tax implications and ethical choices. Throughout the text student-friendly case summaries, state-specific examples, practical assignments and detailed documents help students prepare for success as paralegals. MindTap digital resources further strengthen instruction and retention.
- NEW MATERIAL DETAILS THE NEW UNIFORM ELECTRONIC WILLS ACT AND RELATED CHANGES. Students learn how the new Uniform Electronic Wills Act has expanded the execution of wills from physical signings to electronic wills. New discussion introduces this major law, examines requirements for a self-proving will and reviews concerns for potential abuse. Content prepares paralegals to discuss this new act with supervising attorneys to determine the best processes for their individual law offices.
- NEW COVERAGE ALERTS READERS TO THE IMPLICATIONS OF THE UNIFORM PARTITION OF HEIRS' PROPERTY ACT (UPHPA). New material explains how this act can protect family members who inherit land through a will or intestacy from a partition of the property, forced sale or less than fair market value for their shares. Students learn how the UPHPA provides due process protections to ensure that all parties receive a fair share of the proceeds. This introduction alerts paralegals to consider the implications of the UPHPA, if it is applicable to cases on the job.
- NEW DISCUSSIONS REVIEW IMPACTS RELATED TO THE TAX CUTS AND JOBS ACT OF 2017. New coverage demonstrates how this tax reform has made significant change in estate taxes by temporarily doubling the federal exemption amount and has effectively eliminated the federal estate tax for all but the wealthiest. Students gain an understanding of why federal tax returns may no longer be necessary for many estates.
- NEW COVERAGE DETAILS THE SPECIAL NEEDS TRUST TO PREPARE PARALEGALS FOR ON-THE-JOB DECISIONS. Readers learn how this trust for a disabled beneficiary enables the individual to receive the benefits of trust property as well as needs-based governmental assistance. With this understanding, paralegals who conduct initial intake interviews know to alert supervising attorneys when a client has a disabled beneficiary to ensure that the estate plan protects the interest of this beneficiary.
- NEW CONTENT ADDRESSES THE REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT. Readers learn how this updated act gives fiduciaries the right to administer a decedent’s digital assets while maintaining privacy concerns of owners and providing legal protection to custodians of the digital assets. This helpful new discussion even includes sample updated clauses for wills to assist the paralegal in drafting preliminary estate documents.
- NEW INFORMATION PREPARES PARALEGALS TO FACILITATE FAMILY MEETINGS AS PART OF ESTATE PLANNING. Today's paralegals often need to facilitate or co-facilitate family meetings, which are used more frequently today to allow transparency regarding estate and health care decisions and to avoid possible conflicts or surprises upon the testator’s demise.
- UPDATED PROBATE AND TAX FORMS ENSURE STUDENTS KNOW HOW TO WORK WITH THE MOST CURRENT DOCUMENTS. Today's paralegals are often responsible for creating initial documents under the supervision of an attorney. The most recent forms and clear instructions throughout this edition equip paralegals in preparing these initial documents with confidence.
- AUTHORS APPLY MEANINGFUL INSIGHTS FROM DECADES OF LEGAL EXPERIENCE. This perennially best-selling text distills the authors' more than fifty years of combined experience in teaching and practicing law into a comprehensive, up-to-date inviting resource that students can use both now and throughout their careers.
- INTELLIGENT, PROVEN STUDY FEATURES REINFORCE STUDENT COMPREHENSION. Key terms in the margins draw student attention to essential topics, while chapter review questions effectively review material after every section to reinforce understanding.
- CHALLENGING CASE PROBLEMS GUIDE STUDENTS IN APPLYING COURSE CONCEPTS TO TRUE-TO-LIFE PROBLEMS. This edition's engaging Case Problems help students interpret findings on their own. By applying state-specific laws to each matter, they see the different ways a court might rule.
- HELPFUL SUPPORTING DOCUMENTS GUIDE STUDENTS THROUGH IMPORTANT PROCESSES. This edition incorporates the latest probate and tax forms to help students visualize the processes of probate and estate administration from start to finish.
- ETHICAL ISSUE FEATURES EMPHASIZE THIS IMPORTANT ASPECT OF LAW TODAY. Meaningful and memorable features focus attention on important ethical concerns related to the procedures discussed in each chapter and prepare students to make critical ethical decisions throughout their careers.
2. The Concept of Property Related to Wills, Trusts, and Estate Administration.
3. The Law of Succession: Death Testate or Intestate.
4. Wills: Validity Requirements, Modification, Revocation, and Contests.
5. Preparation to Draft a Will: Checklists and the Conference with the Client.
6. Final Draft and Execution of a Valid Will.
7. The Participants and the Proper Court.
8. Personal Representatives: Types, Pre-Probate Duties, and Appointment.
9. Probate and Estate Administration.
10. Informal Probate Administration.
11. Tax Considerations in the Administration of Estates.
12. Introduction to Trusts.
13. Classification of Trusts, the Living Trust, and Other Special Trusts.
14. Estate Planning.
15. Long-Term Care.
Appendix A: Sample Forms
Appendix B: Sample Marital Deduction Testamentary Trust.
Glossary.
Index.