Estates & Trusts Resource Guide
Major Treatises and Practice Guides
Searching Scholar and OhioLINK
Journal Articles and Current Awareness Services
Aggregate Files and Other Web Resources
Introduction
Estates & Trusts law includes the law of wills; testate and intestate succession; testamentary capacity; the execution, revocation, and republication of wills; construction of wills; lapsed legacies, ademption and satisfaction of bequests; incorporation by reference and independent legal significance; planning and creation of a trust; obligations of trustee to beneficiaries and third persons; rights and remedies of beneficiaries; resulting and constructive trusts; termination and modification of trusts; problems in the administration of trusts; charitable trusts and cy pres.
This resource guide highlights major print and electronic resources available to Cleveland Marshall Law School students researching issues in Estates & Trusts Law. Please contact the Law Library's Research Services librarians during their Research Services hours, or via email to research.services@law.csuohio.edu for help with locating or using any of the resources discussed in this guide.
Legislation and Case law
Uniform Probate Code – in Uniform Laws Annotated, Master ed. / West Publishing Co. 1968 - Vol. 8, pts.1 - 2. Reference KF 879 .A45 U5; Westlaw - ULA; NCCUSL Drafts and Final Acts Online
Uniform Trust Code - in Uniform Laws Annotated, Master ed. / West Publishing Co. 1968 - Vol. 7C, p. 362. Reference KF 879 .A45 U5; Westlaw - ULA; Uniform Trust Code Online
Ohio Revised Code Title 21 - Courts - Probate - Juvenile and Ohio Revised Code Title 58 -Trusts: (Lawwriter's Ohio Laws and Rules- from State of Ohio website - unannotated) Sections of the Ohio Revised Code most closely related to the subject of Estates & Trusts.
For annotated versions of the Ohio Revised Code Title 21 and Title 58, see:
Baldwin's Ohio Revised Code Annotated / West Pub. Co., 1994 - Print. KFO 30 1953 .A4 This link will take you to our catalog record (containing location and call number information) to get you to one of the two print publications of the annotated Ohio Revised Code. Westlaw OH-ST-ANN
Page's Ohio Revised Code Annotated / Anderson Pub. Co., 1953 - Print. KFO 30 1953 .P3 This link will take you to our catalog record (containing location and call number information) to get you to one of the two print publications of the annotated Ohio Revised Code. Lexis Code
Lexis Ohio Estate Cases contains estate, gift, trust, and probate caselaw for the State of Ohio from the following courts: Ohio Supreme Court, Ohio Courts of Appeal, and Ohio County and Municipal Courts. Lexis Estate Cases, Federal and State contains the combined Federal and State estate, gift, trust, and probate caselaw.
Westlaw - Ohio Estate Planning & Probate Cases (OHEPP-CS ) includes cases from Ohio state courts that relate to the arranging of a person's affairs in anticipation of infirmity, old age, or death. Coverage begins with 1821.
Westlaw - Multi State Database (MEPP-CS) includes state court cases from all 50 states and the District of Columbia that relate to the arranging of a person's affairs in anticipation of infirmity, old age, or death.
Major Treatises and Practice Guides
Selected significant treatises and practice guides in the Law Library collection which provide a foundation in issues of Estates & Trusts law include the following:
Ohio Specific Titles:
Anderson's Ohio Probate Practice and Procedure, Anderson Publishing Co., 1997 - Annual. KFO 144 .A93 This multi-volume title is published annually and is one of the two major works on Ohio Probate Law. An electronic version can be found via the Public Access Work Stations home page, then to “Legal Forms” then to “Forms on Disk”. Generally, the form numbers found in the book will match those found in the electronic format. Another Electronic version is found on LexisNexis in the file OHPRPP
Merrick-Rippner Probate Law, 6th Ed. / Angela G. Carlin / West Group, 2001. KFO 144 .M4 2001 This multi-volume title with annual pocket part supplementation is one of the two major works on Ohio Probate Law. An electronic version can be found via the Public Access Work Stations home page, then to “Legal Forms” then to “Forms on Disk”. Generally, the form numbers found in the book will match those found in the electronic format. Westlaw -- OHPRAC-PROB
The Simple Will in Ohio / Newark, NJ: LexisNexis Matthew Bender, Annual. KFO 144 .A15 S57
Developments in Ohio law are often reflected in continuing legal education materials such as:
Drafting Wills and Trusts / Columbus, OH: Ohio State Bar Assn. CLE Institute, 2006. KFO 144 .D72 2006
How to Draft Wills and Trusts in Ohio / Michael P. Henry, et al. / Eau Claire, WI: NBI, Inc., 2002. KFO 144.Z9 H69 2002
Special Needs Trusts Handbook / Columbus, OH: Ohio State Bar Assn.CLE Institute, 2007. KFO 137 .S63 2007
Murphy's Will Clauses : Annotations and Forms with Tax Effects / Joseph Hawley Murphy, assisted by Beverly Massy, Stowell Rounds / M. Bender, 1960 - KF 748.1 .M87
Principles of Wills, Trusts, and Estates / William M. McGovern, Jr. & Sheldon F. Kurtz / Thomson/West, 2005. KF 755 .M342 2005
Trusts, Student ed. 6th ed. / George T. Bogert / West Pub. Co., 1987. KF730 .B58 1987 Westlaw - BOGERT
Restatement of the Law, Second : Property, 2d : Donative Transfers / as adopted and promulgated by the American Law Institute at Philadelphia, Pennsylvania, May 19, 1981 American Law Institute Publishers, 1983 - KF 613 .R47 1983 Westlaw – REST-PROP Lexis - Wills & Other Donative Transfers
Restatement of the Law, Property, 3d : Wills and Other Donative Transfers / American Law Institute/ American Law Institute, 1999 - KF 613 .R47 3d Westlaw -- REST-PROP Lexis -- Wills & Other Donative Transfers
Restatement of the Law, Second: Trusts 2d, as adopted and promulgated by the American Law Institute at Washington, D.C., May 23, 1957 / American Law Institute Pub., 1959. KF7 30 .A8 1959 Westlaw - REST-TRUST Lexis – 2d Case Citations
Restatement of the Law, Third. Trusts / The American Law Institute /American Law Institute, 2003. KF 7 30 .A83 Westlaw – REST-TRUST Lexis – TRUSTS2
Scott and Ascher on Trusts, 5th ed. / Austin Wakeman Scott, William Franklin Fratcher, Mark L. Ascher / New York: Aspen Publishers, 2006 - KF 730 .S3 2006, Successor edition to :
The Law of Trusts, 4th ed. / Austin Wakeman Scott, William Franklin Fratcher / Little, Brown, 1987 - . KF 730 .S3 1987
Estate and Trust Planning / Jeffrey N. Pennel & Alan Newman / Chicago, IL: Section of Real Property, Probate, and Trust Law, American Bar Assn., 2005. KF 750 .P46 2005
Study Aids
Ohio Board of Bar Examiners, Outline of Subjects Tested on Essay Portion of Ohio Bar Examination (Columbus, OH: Supreme Court of Ohio 1984-) Reserve KFO 76 .Z9 O8546 Outlines the subjects tested on the essay portion of the Ohio Bar Examination in order to provide a guide to bar examiners in drafting the essay questions. The Wills section in the November 2002 edition provides citation to legal authorities in wills as a convenience to the bar examiners and includes outlines for Intestate Succession, Wills and Special Situations. Based on this November 2002 publication, the Ohio Bar Essays do not include the topic of Trusts.
Understanding Trusts and Estates, 3rd ed. / Roger W. Andersen / LexisNexis, Matthew Bender, 2003. KF 730 .A86 2003
Wills and Trusts in a Nutshell, 3rd ed. / Robert L. Mennell and Sherri L. Burr / Thomson West , 2007. KF 755 .Z9M38 2007
Uniform Probate Code in a Nutshell, 5th ed. / Lawrence H. Averill, Jr. / West Group, 2001. KF 765 .Z95 A94 2001
Wills, Trusts, and Estates : Examples and Explanations, 4th ed. / Gerry W. Beyer / New York: Aspen Publishers, 2007. KF 755 .Z9 B49 2007
Wills, Trusts, and Future Interests, 2nd ed. / Lawrence H. Averill, Jr. / St. Paul: West Group, 2002. KF 753 .Z9 A94 2002
Principles of Wills, Trusts, and Estates / William M. McGovern, Jr. and Sheldon F. Kurtz / St. Paul: Thomson/West, 2005. KF 755 .M342 2005
CALI (Computer-Assisted Legal Instruction) Tutorials :
The following list from the CALI Library of Lessons highlights Estates & Trusts law tutorials available to Cleveland-Marshall College of Law students. You must register a personal password with CALI to use these tutorials. (If you are a Cleveland-Marshall College of Law student, and have not yet accessed CALI via our Law School subscription, Students click here.
California Intestate Succession
Equitable Remedies - An Overview
The Execution and Revocation of Wills Under the Uniform Probate Code (Based on 1990 UPC)
The Interpretation of Wills Under the Uniform Probate Code
Intestate Succession Under the Uniform Probate Code (Based on 1990 UPC)
Searching Scholar and Ohiolink
Suggested subject heading searches in these catalogs:
Estates; Estates (Law ) United States ; Trusts ; Wills
See also the following subject headings for related topics not presently tested on the Ohio Bar Exam:
Inheritance and transfer tax; Decedents' estates Taxation; Generation-skipping transfer tax; Gifts Taxation; Trusts and Trustees -- United States; Estate Planning; Probate Law and Practice; Trusts and trustees -- Taxation -- United States -- Periodicals; Estate planning -- United States -- Periodicals; Inheritance and transfer tax -- Law and legislation -- United States -- Periodicals
Journal Articles and Current Awareness Services
See Finding Articles in Law Reviews, Journals and Other Legal Periodicals for an explanation of the legal periodical indexes and databases available to Cleveland-Marshall College of Law students and the CSU community.
Selected journals or current awareness materials in Estates & Trusts law include:
Trusts and Estates / Primedia, Inc., 1904 - Print. K 24 .R97
Probate Law Journal of Ohio / Cleveland, Ohio: Banks-Baldwin Law Pub. Co., 1990 - Print. KFO 144 .A15 P76
Estate Law Review Articles - Lexis The Lexis file name is ESTLR. Coverage varies by individual source as does the frequency of update. The content includes selected law review articles relating to estate law.
Westlaw -- (EPP-TP) Estate Planning & Probate - Law Reviews, Texts & Bar Journals Documents from law reviews, texts, CLE course materials, bar journals, and legal practice-oriented periodicals that relate to the arranging of a person's affairs in anticipation of infirmity, old age, or death. Coverage varies by publication.
Aggregate Files and Other Web Resources
Probate Court of Cuyahoga County, Ohio - Home Page - includes links to Local Rules of the Court and some Forms
FAQ on New Ohio Trust Code - From the Cleveland Law Library. Effective 1/1/2007, Ohio adopted its version of the Uniform Trust Code. The FAQ lists helpful articles and books on the new Ohio trust code. Also see the UTC Project for a table showing Ohio deviations from the Uniform Trust Code.
Westlaw -- Topical Materials by Area of Practice - Estates & Trusts ( All Databases - Topical Materials by Area of Practice - Estates & Trusts )
Searchable databases include state cases relating to estates & trusts; law reviews, texts, bar journals and legal-practice oriented periodicals relating to estates & trusts issues; forms, treatises and other practice materials related to estates & trusts law.
LexisNexis - Area of Law by Topic - Estates & Trusts Searchable databases include state estates & trusts cases, court rules, statutes and legislative materials, administrative materials and regulations, legal reference materials, law reviews and journals, treatises and analytical materials, legal and general news.
Findlaw: Probate Trusts & Estates
LexisONE Legal Internet Guide: Probate and Estate Law
Hieros Gamos Estate & Trust Law
Jurist Law Guides: Property/Wills & Trusts
National Conference of Bar Examiners for Multistate Practice Test (MPT) The drafting of wills has been on the MPT in the past and so a reveiw of this site should prove useful.
Schuyler M. Cook, Govt. Info./Reference Librarian, 11/15/2004, Revised, Marie Rehmar 12/18/06, 6/5/07;8/14/07; 8/21/07; 2/5/08