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New issues in estate planning today include the inheritance rights of sperm bank children, increasing recognition of an action for Intentional Interference with an Expectancy (Anna Nicole Smith case), the Harmless Error rule, and the increasing liability for attorneys who do a poor job of drafting. The book uses the richness of relatively full versions of contemporary cases - interspersed with segments of relevant statutes - to show the variety of important issues involved in any real case, and the variety of different techniques which may be employed to try to reach a particular result. Memorable stories and recent cases illustrate the fundamentals of estate planning. A few of the major issues in probate are included, such as entry into the safe deposit box of the deceased, giving (or avoiding) notice to creditors, and disputes over who is entitled to serve as personal representative when there is a serious dispute between creditors and heirs. The combination of good stories, relevant statutes, and important contemporary issues should give the reader a rich understanding of the area of estate planning. About the author: Prof. Lucy A. Marsh, a graduate of Smith College and the University of Michigan Law School, has taught Trusts & Estates for many years at the University of Denver Sturm College of Law, and is the author of assorted books and articles in the field. She is Founder and Director of the Wills Lab, in which students write real wills, medical powers of attorney, living wills, and related documents for low-income clients under the direct supervision of practicing attorneys - thus giving law students the opportunity to learn the important skills of interviewing, advising, and drafting from lawyers who are experts in the field. Her goal is to help students learn how to apply theory to practice - effectively.
Drafting effective wills and trust allows property to be given to the people or institutions that matter most to an individual. This book explains how to do the special, thoughtful drafting required by anyone who truly cares about distribution of property, care of elderly parents, guardians for young children, or care for pets after the owner is gone. The book is richly illustrated by samples of techniques used in the actual wills and trusts of well-known Americans. Topics covered include: WHAT HAPPENS WITHOUT A WILL; CAPACITY TO MAKE A WILL; SELECTING THE TRUSTEES; DESIGNING PET TRUSTS. Realistic, thought-provoking DRAFTING EXERCISES followed by detailed POINTERS FOR DRAFTING help the reader develop the skills needed for effective drafting. The concluding chapters cover related documents, including: MEDICAL AND FINANCIAL POWERS OF ATTORNEY, MEDICAL DIRECTIVES and LIVING WILLS. About the author: Lucy Marsh, Professor of Law at University of Denver Sturm College of Law is a native to Denver. She is a 1963 graduate of Smith College and a 1966 graduate of the University of Michigan Law School. While attending the University of Michigan, she played a key role in setting up the first legal clinic in Ann Arbor to serve the underprivileged. She has led a distinguished career as an attorney, professor and advocate for community causes. Admitted to the bar in both Connecticut and Colorado, she was the first woman elected to the Colorado Bar Association Real Estate Section's Title Standards Committee, served the city as member of the Denver District Attorney's Office in the 1970's, was a commissioner to the Colorado Real Estate Commission, and provided legal assistance to the Colorado AIDS project. Her academic career at the University of Denver began in 1973 as a part time professor and led up to her present position as a full professor in 1982. Since that time she was voted DU Professor of the Year in 1985 and was elected by the students in 1987 to give the commencement address. She now leads a unique program in which the students in her Trust and Estates classes participate in a Will's Lab, providing free services for the indigent and elderly. She also employs a unique teaching tool called the Technicolor System, attributed to her father, Thompson Marsh, to assist in the learning process by color coding different types of information in student's legal drafts
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