Course Objectives. Office Hours

Transcription

1 [11/19/2006] Wills and Trusts University of Colorado School of Law Spring Semester 2007 Professor Wayne M. Gazur Wolf Law Building #403 Office: (303) Course Materials 1. Dukeminier, Johanson, Lindgren & Sitkoff Wills, Trusts and Estates (Aspen Publishing, 7th Ed., 2005); 2. Selected Probate Sections from the Colorado Revised Statutes (photocopied materials available only at the University Book Store); and 3. See TWEN website for additional reference and secondary materials. Course Objectives Substantive foundation in the law / Application of law with strong emphasis on Colorado law / Topical coverage of some material tested on state bar examination. Office Hours 2:30-3:30 PM, Tuesdays and Thursdays. I am also available to meet at other times by appointment. I encourage communication by . Please register early on the TWEN website for this course so that you can receive notices and have access to course materials posted on the TWEN site. Class Attendance/Discussion Class attendance and participation is very important. You should be prepared to discuss the material assigned at each class. Your attendance and level of preparedness will be reflected in your final grade. Final Examination The final examination will be about three hours long. It will be a closed book exam. The only materials permitted in the examination room will be pencils. Blue books, laptops, calculators and typewriters are not necessary or permitted. The exam will be composed entirely of multiple-choice questions. The examination will cover the entire course. Some questions may involve simple mathematics (addition, fractions, etc.) You will be expected to understand and be capable of applying the Colorado Revised Statutes assigned in the syllabus and/or class, but will not be expected to memorize statute numbers or UPC article numbers. Drafting Exercise If there are fewer than 35 students enrolled in the course, I may offer an optional drafting exercise (a Will) or a required drafting exercise (again, a Will, but Pass/Fail).

2 , 2, 4 (27) INTRODUCTION Transferring Property at Death: Justification and Limitations a, 6b (28) Hodel v. Irving Shapira v. Union National Bank (39) Probate and Non-Probate Property; The Process of Probate Professional Responsibility Simpson v. Calivas Hotz v. Minyard A v. B (594) POWERS OF APPOINTMENT Introduction Irwin Union Bank & Trust Co. v. Long (601) Creation of POA Sterner v. Nelson Q (607) Release of POA Seidel v. Werner (611) 2 (612) 1 (613) P (615) Cs 8,9 (616, 617) 1-2 (621) Exercise/Limitations/Fraud/Ineffective Exercise of POA Beals v. State Street Bank Failure to Exercise POA Loring v. Marshall POWER OF ATTORNEY Managing an Incapacitated Person s Property (348) Planning for Incapacity Franzen v. Norwest Bank Colorado Bush v. Schiavo Statutory Durable Power of Attorney for Property Health Care Power of Attorney Disposition of the Body , ,2, 3, (64) 1,2 (76) 1-3 (82) P (83) INTESTACY Share of Surviving Spouse Simultaneous death Janus v. Tarasewicz , Cs 16 (653) Shares of Descendants, Ancestors, and Collaterals , 107 Estate of Woodworth , (22), , 708, 709, (87), 2(92) 1 (98) 2(109) Transfers to Children Posthumous / Adopted / Nonmarital Children Hall v. Vallandingham Minary v. Citizens Fidelity O Neal v. Wilkes Woodward v. Commissioner of Social Security , , 105, (115) Q (116) Advancements , 110 2

3 (a), (b) & (c) (129) Homicide as a Bar to Succession In re Estate of Mahoney , Disclaimers Troy v. Hart (145); 2(155) WILLS: CAPACITY AND CONTESTS Mental Capacity / Insane Delusion / Mistake In re Estate of Wright; In re Strittmater In re Honigman (161); Q (166) Undue Influence ,2 (173); 1 (183); 3 (184) Lipper v. Weslow In re Will of Moses, In re Kaufmann s Will P 1 & 2 (188) 3 (197) Fraud, Duress, & Tortious Interference Latham v. Father Divine WILLS: FORMALITIES AND FORM , 4, 9, 10 (208) Requirements of Due Execution , 505 Stevens v. Casdorph Estate of Parsons Self-Proving Wills ,2 (225) Curative Doctrines In re Pavlinko s Estate, In re Snide In re Will of Ranney, In re Estate of Hall (239) Holographic Wills / Conditional Wills (2) 1, 3, 4 (249) Kimmel s Estate In re Estate of Kuralt P 1 (254) Revocation By Writing or Physical Act ,4 (258); P (259) Harrison v. Bird Thompson v. Royall (262) Dependent Relative Revocation and Revival (268) LaCroix v. Senecal Estate of Alburn 1 (270) Revocation By Divorce (277); 3 (278) 1,2 (286) 1, 2, 3 (287) Q (288) Integration / Republication / Incorporation By Reference / Acts of Independent Significance Contracts to Make a Will , , 3 (294) Clark v. Greenhalge Johnson v. Johnson Est. of Harrington, 850 P2d 158 Via v. Putnam 9. CONSTRUCTION OF WILLS Admission of Extrinsic Evidence Mahoney v. Grainger Arnheiter v. Arnheiter 2-6 (368) Patent/Latent Ambiguity or Mistake? (383) Correcting Mistakes Erickson v. Erickson 3

4 (395) Anti-Lapse Estate of Russell Allen v. Talley , , , 603, Class Gifts , Dawson v. Yucus , (409) 1, 2 (411) P (423) Ademption, Accessions, Abatement, Exoneration, Retainer Wasserman v. Cohen Elective Share In re Estate of Cross In re Estate of Cooper (444) Cs 5 (449) 2, 3 (450) , 606, , 903, 904 PROTECTING THE SURVIVORS Rights of Surviving Spouse *** SPRING BREAK *** Augmented Estate Sullivan v. Burkin , , , 203, Cs 8 (461) Waiver/Disclaim In re Estate of Garbade Community Property Rights (465) Omitted Spouse Estate of Shannon ; , 4 (481) Omitted Children Azcunce v. Estate of Azcunce; In re Estate of Laura ; (304), P(308) 1,2 (309) WILL SUBSTITUTES Introduction; Revocable Trusts Farkas v. Williams In re Estate and Trust of Pilafas State Street v. Reiser (312) 1-4 (314) Pour-Over Wills Clymer v. Mayo Q (317) Revocable Trusts in Estate Planning (read on your own) Contract with POD; Pension Accounts , (331) 1-2 (332) 1-2 (340) Wilhoit v. Peoples Life Insurance Co. Estate of Hillowitz Cook v. Equitable Life Egelhoff v. Egelhoff (343) Multi-Party Bank Accounts, Joint Tenancies, Beneficiary Deeds , 212; 4

5 Franklin v. Anna National Bank ; Cs 1-7 (487), P 1, 2, 3 (491) , 2 (501) 1,2(508) (511); 1-3 (515) TRUSTS Trusts Introduction Intention Jimenez v. Lee The Hebrew Univ v. Nye (1961 & 1966) Trust Property Unthank v. Rippstein Brainard v. Comm. Speelman v. Pascal (521) Trust Beneficiaries (526) Clark v. Campbell In re Searight s Estate (532) Necessity of a Written Instrument Hieble v. Hieble Olliffe v. Wells (539) Discretionary Trusts Marsman v. Nasca , 2 (545) 1,2 (547) 3-6 (554) Rights of Creditors: Discretionary Trusts Spendthrift Trusts ,5,7 (568) Scheffel v. Krueger Shelley v. Shelley Self-Settled Trusts (light treatment due to still-evolving law) Federal Trade Commission v. Affordable Media,LLC , 3-5 (575) Modification and Termination of Trusts; Trustee Removal 1,4 (582) 1 (587) In re Trust of Stuchell In re Estate of Brown (734) Charitable Trusts Shenandoah Nat l Bank v. Taylor (740) Doctrine of Cy Pres In re Neher Supervision of Charitable Trusts Carl J. Herzog Foundation, Inc. v. University of Bridgeport 15 If time permits, selected materials from Chapter 13, TBD. 5