Building on the success of the prior editions of this highly-regarded casebook, this fourth edition continues its innovative approach of covering trusts as extensively as it does wills. The casebook’s coverage recognizes modern trends in wills, trusts, and estates planning. This edition of Florida Wills, Trusts, and Estates is the first casebook to include analysis of the recently enacted Florida statutes permitting the execution of wills, trusts, and other related documents electronically. Although Florida law is the focus, this casebook also discusses laws from other states and uniform acts approved by the Uniform Law Commission. The fourth edition also includes new uniform acts, such as the Uniform Electronic Wills Act (E-Wills Act).
To encourage students to view wills, trusts, and estates issues from the standpoint of both planners and litigators, the authors include numerous questions that require students to think about ways to draft or plan to avoid litigation, while accomplishing clients’ goals. While the casebook is intended for the basic wills and trusts course, it may also be used in advanced trusts and estates courses, as it includes chapters on estate planning, powers of appointment, advanced directives, and probate.
The rules governing wills and trusts continue to be state-law-driven. The authors’ philosophy is that students gain critical insights into complex issues by studying the laws of one jurisdiction as a whole. Florida law is a perfect platform for this endeavor because it has extensive probate and trust codes and significant case decisions addressing current and cutting-edge issues.
Q. Why this book, and why now?
This book addresses wills, trusts, and estates, which is a very dynamic and exciting area of the law and discusses some of the more difficult issues facing clients, including planning for death, disability, and transfer of property. In light of demographic changes in non-traditional families and the expected generational shift in wealth, this is a pivotal time for this book. Since the last edition, there have been critical changes in this ever-developing area – statutes have been enacted, and cases have been decided, affecting the rights parties may have in the context of estates, trusts, or other methods for transmitting property. The book also goes beyond wills and trusts and includes several related topics, such as advanced directives.
Q. Who should read this book?
Knowledge of the rules and structure governing wills, trusts, and estates is important for attorneys practicing in this dynamic field. In addition to students, this book is an invaluable resource for attorneys, particularly those practicing in Florida.
Q. What is the most important takeaway you hope your readers gain from this book?
The insights gained from this book highlight that this area of the law deals with issues that that are at the heart of human nature, including family relationships, civic and charitable goals, and capacity and disability. There is much to be gained by focusing on the laws of one jurisdiction. Florida is particularly well-suited for studying wills, trusts, and estates, as it has a well-developed probate code and an extensive trust code. Moreover, case decisions in Florida address wills and trusts issues in fascinating factual situations that are engaging. Although case or statutory law differs from state to state, the concepts and issues encountered and pondered in the book are critical to clients and attorneys, whether in Florida or elsewhere.
Eloisa C. Rodriguez-Dod, Associate Dean for Academic Affairs and Professor of Law, joined the FIU College of Law in 2012. Prior to joining FIU, she was a Professor of Law at NSU College of Law, where she also served as the Academic Director of its University of Barcelona dual-degree program. Dean Rodriguez-Dod has been selected “Professor of the Year” at both law schools and, in 2016, was the recipient of the university-wide FIU Faculty Award for Excellence in Teaching. She is a recognized authority in property, estates, and real estate transactions.
Before joining academia, Dean Rodriguez-Dod practiced law at White & Case. She graduated cum laude from the University of Miami Law School, where she was Special Features and Reports Editor of the Inter-American Law Review and inducted into Order of the Coif. She holds a B.A. in International Marketing & Finance from the University of Miami, where she graduated magna cum laude, and an M.B.A. from Florida International University.
Dean Rodriguez-Dod’s scholarship focuses on the necessary balancing of autonomy versus societal goals. Her work includes books, monographs, book chapters, and law review articles. She has been cited, quoted, and excerpted in texts, scholarly books, articles, academic blogs, and leading treatises. She is frequently invited to speak at panels and legal conferences.
In addition to her service to FIU, Dean Rodriguez-Dod also has a strong commitment to national legal education organizations. She currently serves on the Audit Committee of the Law School Admissions Council. She has also served on American Bar Association site evaluation teams and is a past Chair and member of the Executive Committee of the Association of American Law Schools Section on Minority Groups.