Study

This is a three-credit course about family property and the legal frameworks governing intergenerational wealth transfer. Wealth transfer can be effectuated through the creation of wills, trusts or other non-probate instruments and powers of appointment, all mechanisms we will examine in detail throughout the course. Transfer can also take place through the various laws governing intestate succession, which applies when none of the instruments described above exist. This class will cover all the basics of wealth transfer, with an emphasis on wills and trusts, introducing students not only to modes of legal challenge but also to drafting best practices. The class will also address, more broadly, critical questions about what groups benefit from our present system of wealth transfer and how this system contributes to complex forms of wealth inequality that are characterized by gender and racial wealth gaps. Note: this class will meet once a week in person and the other weekly time will consist of student engagement with asynchronous content.

Syllabus: 295-01-Spring2024-syllabus.pdf234.06 KB

An examination of noncommercial property dispositions, both testamentary and inter vivos, including the following topics: intestate succession; wills and will substitutes; creation and characteristics of trusts; powers of appointment; problems in trust and estate administration.

An examination of noncommercial property dispositions, both testamentary and inter vivos, including the following topics: intestate succession; wills and will substitutes; creation and characteristics of trusts; powers of appointment; problems in trust and estate administration.

An examination of noncommercial property dispositions, both testamentary and inter vivos, including the following topics: intestate succession; wills and will substitutes; creation and characteristics of trusts; powers of appointment; problems in trust and estate administration.

An examination of noncommercial property dispositions, both testamentary and inter vivos, including the following topics: intestate succession; wills and will substitutes; creation and characteristics of trusts; powers of appointment; problems in trust and estate administration.

The course I’ve planned for spring 2019 is designed to meet two objectives: The first is to ensure that students learn the doctrine so that they are prepared for the trusts and estates sections of the bar examination and for law practice in this and related areas.  The second is to explore the theoretical foundations and policy implications of the various rule choices reflected in that doctrine.  Students will sign up in advance for a day to be responsible for presenting and explaining the doctrine, and open class discussion on doctrine, policy, and theory will proceed on the basis of that foundation.  The textbook for the course is the 10^th edition of Sitkoff & Dukeminier’s Wills, Trusts, and Estates.  This will be the first time I’ve taught out of this text and this new edition.  Because of this, there is no past syllabus to provide for students’ review.  But to ensure complete coverage of the subject matter, we will go through the entire book, which translates to about 35-40 pages of reading per class meeting.  The book is well-known for its thoroughness but also for its unusually engaging layout and so I anticipate we’ll get a lot out of it and enjoy the process.  Students will be graded on their class presentation and participation, and on a final take-home exam.

An examination of noncommercial property dispositions, both testamentary and inter vivos, including the following topics: intestate succession; wills and will substitutes; creation and characteristics of trusts; powers of appointment; problems in trust and estate administration.

In Fall 2017, Professor Doriane Coleman will teach the course out of the third edition of Raymond C. O’Brien and Michael T. Flannery, Decedents’ Estates: Cases and Materials (2016).  The book takes a modern approach to family forms and to the distribution of assets, featuring traditional and nontraditional families and inter vivos transfers.  The subjects covered will generally track its table of contents which is available at http://www.cap-press.com/pdf/9781611638653.pdf.  These include intestate succession, the last will and testament, restraints on wealth transfers, future interests, and trusts.  The book is available in hardcover and as an e-book.  The specific goals for the course are to ensure that students are prepared for the testing of these subjects on the bar and have a sophisticated understanding of the foundations and implications of various rule choices.  More generally, because the material features skills and ideas that transcend the particular subject matter – for example, statutory interpretation, the relationship between courts and the legislature, and the division between law and equity – the course is also designed to continue students’ intellectual and professional development in these areas.  Grades will be based on class participation and a final take-home (8-hour business day) exam.

An examination of noncommercial property dispositions, both testamentary and inter vivos, including the following topics: intestate succession; wills and will substitutes; creation and characteristics of trusts; powers of appointment; problems in trust and estate administration.

An examination of noncommercial property dispositions, both testamentary and inter vivos, including the following topics: intestate succession; wills and will substitutes; creation and characteristics of trusts; powers of appointment; problems in trust and estate administration.

An examination of noncommercial property dispositions, both testamentary and inter vivos, including the following topics: intestate succession; wills and will substitutes; creation and characteristics of trusts; powers of appointment; problems in trust and estate administration.