for a Valid
A rule of law, statutory or judicial, that accepts the validity of a fact until it is rebutted. Once
accepted, the burden shifts to the other party to introduce sufficient evidence to dis
A holographic will is a will written entirely in the testators handwriting and signed by the
A nuncupative will is an oral will.
Many jurisdictions have statutes that recognize cert
by a Will
Device used to pass property in a bank account after depositors death to designated person
(the beneficiary) directly as an operation of law rather than through process of probate.
Impact of the
Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA):
Beginning in 2002, estate taxes were being phased out over nine years. Specifically, if
someone died in 2010 there was no est
An instrument, executed with the formalities of state statutes, by which a person makes a
disposition of his real and personal property at death.
Abstract (of title):
A condensed history of the title to land, cons
A person who is two or more generations younger than the transferor. See I.R.C. 2613.
A transfer made to a skip person, whose ownership rights in the transferred money vest
The person who created the will.
A person or organization designated to receive one's assets upon death.
Overview to Estate Planning
During ones lifetime, one has a right to own private property. This right does not disappear at
When a person dies without a will, she is said to die intestate. Conversely, a person who dies
leaving a valid will is said to die testate.
A persons legal home. That place considered his fixed and permanent home, and to which
to Gift, Estate
Most tax-related statutes appear in Title 26 of the United States Code, more commonly known
as the Internal Revenue Code of 1986 (I.R.C.).
An excise tax levied on
A principal is the individual who desires to designate someone to act on his or her behalf.
An agent is the person (usually a spouse, adult child or trusted friend) who is appointed to act
on behalf of another
A persons death is the result of an intentional killing if the party who committed the crime
wanted to see the person dead and acted in such a way that achieved this result. States will
have different labels for their intention
Community property states:
There are nine community property states: Arizona, California, Idaho, Louisiana, Nevada, New
Mexico, Texas, Washington and Wisconsin. Under a community property system, husband and
wife are considered co-owners of property acqui
Legal Research Assign 1
For the rst assignment, try these short questions involving legal research:
1. Please enter the correct citation for the Supreme Court case of Lamb against California, which was
decided on January 7, 1963 and is recorded on page 23
Legal Research Assign 3
In this assignment, we will attempt to utilize some of the concepts of legal writing that we will
discuss in class. Below you will find an essay that, to put it mildly, needs a bit of work. The
wording is verbose and uses slang. Th
Legal Research Assign 4
Assume that Froogle, Inc. is a corporation with its principal place of business in California. Mary, a
proprietor of a small business in Vermont that specializes in the manufacture and sale of ski
equipment to Vermont ski resorts,
For the first assignment, Id like you to try your hand at an inheritance fact pattern. The
first step is to draw a family tree; only then will it be possible to apply the various
John has 3 children, Steve, Tina and Samantha. Steve and
You work for the New York estate planning and elder law firm of Dewey, Cheatum and
Howe. One day, your supervising attorney, Steve Howe, comes into your office and tells
you the following:
We had this client, Mark Down, who was 74 years old, in our office
Wills Assign 3
For this assignment, I want to discuss an issue that is certainly very relevant today: the charitable
deduction to the estate tax.
Many people who are wealthy want to give some assets to charity, either in the will or during life, to
n a startling turn of events that had crime fighters everywhere disappointed, Batman gave up
his crime fighting career and moved to Detroit, Michigan, to start mass-producing Batmobiles in
the GM plants. Batman did this for many years.
When he was 70 year
Wills Assign 5
Sarah Mason and her brother George Mason, ages 27 and 25 respectively, both residents of
Philadelphia, are annoyed. They are beneciaries of "THE DONNA MASON FAMILY TRUST" that was
established by Donna Mason, their mother, for their benet an
1. Please enter the correct citation for the Supreme Court case of Lamb against California, which
was decided on January 7, 1963 and is recorded on page 234 of volume 371 in the United States