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Wills, Trusts, and Estates (Casebook) (Casebook)x$129.00
 (11 reviews)
Best Price: $139.00 $129.00
Regarded as one of the best casebooks available for any course, this comprehensive text combines interesting cases, well-tailored notes, and a clear organization into an excellent teaching tool. The new Seventh Edition retains the late Jesse Dukeminier’s unique blend of wit, erudition, insight, and playfulness and covers all the key topics in a logical, clear organization. Included are interesting cases that are not only fun to read, but fun for professors to teach as well. Cases are enhanced and connected to broader legal principles by well-written notes, questions, and problems and cartoons, illustrations, and photographs provide humorous interruptions and visual commentary at appropriate places within the text. New authors James Lindgren and Robert Sitkoff updated the book to reflect legal change while remaining careful to retain the same interesting mix of cases, engaging notes and flexible organization that makes this a highly successful casebook. Additions and improvements to the previous edition include due attention to new developments in law reform by the ALI and NCCUSL such as: Restatement Third, Trusts (2003, Uniform Trust Code (2000) including proposed 2004 amendments, Restatement (Third) of Property: Wills and Other Donative Transfers (2001, 2003)and Uniform Disclaimer of Property Interests Act (2002. Attention is given to ongoing developments in the law such as inheritance rights of posthumously conceived children, standing of donors in suits against the trustees of charitable trusts, the rise of domestic offshore self-settled spendthrift trusts, the erosion of the rule against perpetuities and the rise of the perpetual, generation-skipping trust. There is enhanced coverage of increasingly important topics such as fiduciary administration and trust investment law (including modern portfolio theory, diversification, the principal and income problem, and measuring damages; and inheritance rights of same-sex partners, inheritance rights of children, with comparison to the other common law countries (which are far more generous to children). Also included is a more logical presentation of nonprobate transfers and their role in estate planning, fully updated tax chapter with attention to new developments such as the Economic Growth and Tax Relief Reconciliation Act of 2001. Notes, questions, and problems have been revised throughout where appropriate in light of the foregoing and other developments.
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Customer Reviews
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great in-depth intro to wills & trusts
By A2WV8Y608V90IJ on 2002-07-27
If you want to learn the general law about Wills and Trusts, this is the book. There are other supplements you can buy that can introduce you to the subject, but no other book comes close to going to the depth that this book does. It is helpful to have taken a course in Property before reading this book, so that you will have experience in dealing with the Rule Against Perpetuities. Ever since G.W. Bush passed the largest tax cut in history, many people think the rich should not be able to endow their children with a large inheritance as it destroys the democratic system we have where everyone has a equal chance at succeeding.
This book has given me another perspective about the issue of inheritance. Suppose for a moment we weren't allowed to transfer anything to our children. If that were to become law, do you really think people would work as hard as they do now, knowing that everything that they have reverts back to the State once they die? Do we want to take away that incentive to work hard?
I don't think so. Another aspect of this book that I particular enjoy is the way that it is organized. If you ever wanted to know all the different types of trusts there are, this book covers it. It also does a good job of introducing you to tax planning during wealth transfers. This book also does a good job of making you think. Do you know what happens when two people who are married die at the same time or when it is unclear which one died first? It seems insignificant, but suppose A and B, married, both die in a car crash. A initially willed that everything go to B and C. B willed everything to go to her children. If B died first, A's wealth should go to C. If A died first, B's children and C should get something. What if it's unclear who died first? This book deals with that issue and much more. Another way that it makes you think is that it offers alternative solutions to the same problems. Did you ever consider other ways the law could be re-written to avoid probate? Every good lawyer knows the traditional ways of avoiding probate - joint tenancy property, life insurance, Iras, pension plans, and trusts. But why do not just re-write the law in probate? What not have universal succession like they do in France? This book covers all of that. Did you ever want to know the difference between an administrator and executor? What happens if the executor drags his feet during the probate process? What can the beneficiaries do? This book has the answers. In sum, this is a great book for learning about Wills & Trusts. I highly recommend it.
Don't Settle for Imitations
By AG212WE6M4O5D on 2005-07-09
Whether you are the law student to whom the book is addressed, or just a savvy layman who needs to fill some gaps quickly, this book just may be all you'll ever need on wills, trusts, and estates. I ordered ten books to research my paper on inter vivos trusts and over half the footnotes reference Dukeminier. In each topical area, the general statutes are explained, often with ancillary explanations of tax treatment, then the authors dive into cases, explaining how the cases were argued and adjudicated. The text flows so well that you feel as though you are having a conversation with the authors. I particularly enjoyed the entertaining anecdotes drawn from pop culture. Do not let the cost of this book be a factor in your decision to purchase it; you may find yourself refering to it when you attend to your own will, trusts, and estate.
Thoughtfully written and thought provoking
By A28C24Q91HMS1V on 2007-01-11
Unlike other dry law school casebooks, Dukeminier captures the humanity in this study of Trusts & Estates. The editor footnotes and some of the case studies read anecdotally--giving the concepts a historical and personal dimension. The notes after the cases study the social implications of the courts' decisions. Especially interesting are Dukeminier's disucssions of the implications on the legal order caused by same-sex marriage and transgender issues. This book is thoughtfully crafted, a must read for law students or lawyers interested in this area of the law!
Easy reading
By A11QYRTABCHS4W on 2007-01-13
This is a very well wrtten text for a very complicated subject. The chapters and sections are ordered logically. First it gives you a definition, then a basic description of a rule, system or method, then it explains exceptions to the rules, THEN you read a case. I wish all of my books were written this way! It was so easy to quickly access the information and know exactly what you are suppose to be getting out of the readings. I would even recommend it as a supplement to another, less accessable textbook.
Excellent purchase
By A2PLJ93PBF6A35 on 2007-09-07
This was an excellent purchase. It is the book that I needed and it's wear was accurately depicted.
- 2007 Law Student
By A2TH21TNSBUN5I on 2007-12-21
This is an excellent textbook on Wills and Trusts. I received the book on
time in mint condition. Case Closed.
- Very Effective and Illustrative of the Necessary Elements
By A3VIJHF5OVO5G8 on 2007-09-12
Makes the seemingly not interesting topic of Wills & Trusts come alive and you can see the real life applicability of it.
- Best Law Text
By A290EPDZWZFHPK on 2007-12-02
I love this book. The authors do a great job of selecting interesting cases, covering the material thoroughly, and adding humorous footnotes that together make this the best textbook in law school.
- Quick and Easy
By A1NULHVJ8T57FR on 2008-06-29
I was very happy with my purchase. It came in the condition as promised and sooner than expected. I would definitely purchase again from this seller. Thanks!
- Do Not Settle for a Substitute--Worth the Money
By A2J4E6UU0GUDB4 on 2008-09-10
This book is of course informative. It is comprehensive. But what sets it apart is the fact that it is very educative and well written. The authors ask you to think deeply about the philosophy behind the "right" to pass down property to one's heirs, and then proceed to complicate conventional wisdom by pointing out that this is by no means a "right" in many places on planet earth. They also complicate the picture further by furnishing examples from French and Spanish common law as well as outstanding examples from Indian and slave law. How should the federal government properly discharge its trust obligations to Indian tribes? How can property own property? Very vexing questions indeed.
Do yourself a favor and pick this one up. I'm not a lawyer, just a DIY autodidact, and I appreciate this book's intellectual substance immensely, not just its command of the facts. This seventh edition is current and anticipates the 2010 and 2011 anticipated "changes" to the tax code, along with some excellent insight.
Don't just get it because this casebook provides good "training" on the subject of Wills, Trusts, and Estates. Get it because the enthusiasm the authors bring to the subject shines through on almost every page and because this is a very important subject that every citizen in a "democracy" like ours needs to know.
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