Spring 2001 Professor Naomi R. Cahn
Trusts and Estates I
1. Course Materials: The book for the course is Jesse Dukeminier and Stanley M. Johanson, WILLS, TRUSTS, AND ESTATES (6th ed. 2000).
I recommend the following if you would like to consult any outside sources: Roger W. Anderson, UNDERSTANDING TRUSTS AND ESTATES (1994); Gerry Beyer, WILLS, TRUSTS, AND ESTATES: EXAMPLES AND EXPLANATIONS (1999); or William McGovern, Jr., Sheldon Kurtz, & Jan Rein, WILLS, TRUSTS, AND ESTATES (1988).
2. Professor's Office Hours: My office is Old Main, rm 403; my telephone number is 46025; and my e-mail address is ncahn@main.nlc.gwu.edu. My office hours will be on Wednesday from 1:50-3:30. Please feel free to call me if you would like to schedule an appointment for another time. I invite any student who wants to discuss further any issues that we have (or have not) discussed in class to speak with me after class or to set up another time to talk.
3. About the Course: Trusts & Estates is an interesting and challenging course for many reasons. Perhaps at the most basic level, the course (and the practice of T&E) is about people. Everyone will die at some point, and, although many of us don't want to think about this, some people do like to plan for that eventuality: deciding who will take care of minor children; dividing up assets; and if they have substantial resources, attempting to minimize wealth transfer tax liability. T&E also offers a glimpse into some of the most interesting and troublesome questions in our society -- from the changing structures of family life, to end-of-life decision making, to advanced reproductive technologies. In addition, T&E raises some of the fundamental tensions in jurisprudence: e.g., between default rules (background rules) and individual's actual preferences; between mandatory rules (society's absolute preferences) and individual autonomy; and between form and substance.
4. Requirements for the course:
a. Class attendance and participation: I expect everyone to prepare for class, to attend, and to participate regularly. Where there are problems in the casebook, please think carefully about your answers.
In order to stimulate class discussion, I plan to use a volunteer system. I will distribute a sign-up sheet each week for 6 volunteers for the following week. Everyone in the class must sign up for at least one week (so please don't wait for the last week!). Students who recurrently miss class without excuse will not be permitted to take the final examination.
Class participation can affect your grade positively or negatively; it can raise or lower your grade by one grade step (e.g., from B to B+).
b. Exam: The final exam will be an open book examination on Friday May 11. The examination will be approximately one-third multiple choice and two-thirds essay questions.
Spring 2001 Professor Naomi R. Cahn
Trusts and Estates I
I. Introduction to Estate Planning
A. The Power to Transmit Property at Death 1-34
1. Justifications and Limitations
Hodel v. Irving
Shapira v. Union National Bank
B. Transfer of Decedent's Estate 34-49
1. Probate and Nonprobate Property
C. Introduction to Wealth Transfer Taxation 977-985
D. Professional Responsibility 59-70
Simpson v. Calivas
Hotz v. Minyard
E. An Estate Planning Problem: the Browns 49-59
II. Intestacy
A. The Basic Scheme 71-97
1. Share of Surviving Spouse
2. Shares of Descendants
3. Shares of Ancestors and Collaterals
B. Transfers to Children 97-140
1. Children
Hall v. Vallandingham
O'Neal v. Wilkes
Hecht v. Superior Court
2. Advancements
3. Managing a Minor's Property
4. Brown's Estate Planning Problem, cont.
C. Bars to Succession 141-157
1. Homicide
In re Estate of Mahoney
2. Disclaimer
Troy v. Hart
III. Wills: Capacity and Contests
A. Mental Capacity 159-175
In re Strittmater
In re Honigman
B. Undue Influence 175-213
Lipper v. Weslow
In re Will of Moses
Seward Johnson's Estate
C. Fraud 213-222
Latham v. Father Divine
IV. Wills: Formalities and Forms
A. Execution of Wills
1. Attested Wills 223-262
In re Groffman
Estate of Parsons
In re Pavlinko's Estate
In re Will of Ranney
2. Holographic Wills 262-276
In re Estate of Johnson
Kimmel's Estate
B. Revocation of Wills
1. Revocation by Writing or Physical Act 276-285
Harrison v. Bird
Thompson v. Royall
2. Dependent Relative Revocation and Revival 286-300
Carter v. First United Methodist Church of Albany
Estate of Alburn
3. Revocation by Operation of Law
C. Components of a Will 301-319
1. Integration of Wills
2. Republication by Codicil
3. Incorporation by Reference
Clark v. Greenhalge
Simon v. Grayson
Johnson v. Johnson
4. Acts of Independent Significance
D. Contracts Relating to Wills 319-329
1. Contracts to Make a Will
2. Contracts Not to Revoke a Will
Via v. Putnam
E. Admission of Extrinsic Evidence 409-438
1. Interpretation of Wills
Mahoney v. Grainger
Fleming v. Morrison
Estate of Russell
2. Correcting Mistakes
Erickson v. Erickson
V. Nonprobate Transfers 331-344
A. Contracts with Payable on Death Provisions
Wilhoit v. Peoples Life Insurance Co.
Estate of Hillowitz
Cook v. Equitable Life Assurance Society
B. Multiple Party Bank Accounts 344-350
Franklin v. Anna National Bank of Anna
C. Joint Tenancies 350-351
VI. Planning for Incapacity 396-408
1. Durable Power of Attorney
Franzen v. Norwest Bank Colorado
2. Directives Regarding Health Care and Disposition of the Body
VII. Restrictions on the Power of Disposition
A. Rights of the Surviving Spouse 471-480
1. To Support
2. To a Share of Decedent's Property/Elective Share 480-500
In re Estate of Cross
In re Estate of Cooper
3. Property Subject to the Elective Share 500-517
Sullivan v. Burkin
In re Reynolds
4. Waiver 517-521
In re Estate of Garbade
In Re Grieff
5. Community Property Issues 521-530
6. Spouse Omitted from Premarital Will 530-536
Estate of Shannon
B. Rights of Issue Omitted from the Will 536-551
Azcunce v. Estate of Azcunce
Espinosa v. Sparber et al.
In re Estate of Laura
VIII. Trusts
A. Introduction 553-567
B. Creation of a Trust 567-575,
1. Intent 580-581
Jiminez v. Lee
2. Trust Property 581-597
Unthank v. Rippstein
Brainard v. Commissioner
Speelman v. Pascal
3. Beneficiaries 597-608
Clark v. Campbell
In re Searight's Estate
4. Written Instrument 608-617
Hieble v. Hieble
Olliffe v. Wells
C. Discretionary Trusts 617-631
Marsman v. Nasca
D. Revocable Trusts 351-371
1. Introduction
Farkas v. Williams
In re Estate and Trust of Pilafas
State Street Bank and Trust Co. v. Reiser
2. Pour-over Wills 371-396
Clymer v. Mayo
IX. Powers of Appointment 665-676
A. Types of Powers
Irwin Union Bank & Trust Co. v. Long
X. Trust Administration
A. Powers of the Trustee 950-954
B. Duties of the Trustee
1. Loyalty 903-919
Hartman v. Hartle
In re Rothko
2. Care of Trust Property 919-922
3. Duty not to Delegate 922-929
Shriners Hospital for Crippled Children v. Gardiner
4. Duty of Impartiality 929-938
Dennis v. Rhode Island Hospital Trust Co.
5. Duty to Inform and Account to Beneficiaries 938-949
Fletcher v. Fletcher
National Academy of Sciences v. Cambridge Trust Co.