Aspen Publishing

Contemporary Trusts and Estates, Fourth Edition

Susan N. Gary, Jerome Borison, Naomi R. Cahn, Paula A. Monopoli


  • ISBN: 9781543857115

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  • Additional Product Details

    Publication Date: 1/31/2022
    Copyright: 2022
    Pages: 1000
    Connected eBook with Study Center + Print Book:  9781543810769
    Connected eBook with Study Center: 9781543857115
    eBook: 9781543851939

    Detailed Table of Contents Download (PDF)

  • Author Information

    Naomi R. Cahn


    A.B, Princeton University

    J.D., Columbia University

    LL.M., Georgetown University


    Naomi Cahn is the Harold H. Greene Professor of Law at The George Washington University Law School. She has written numerous law review articles on elder law, family law, feminist jurisprudence, and trusts and estates. She has also authored or co-authored books, including the forthcoming &"Homeward Bound: Modern Families, Elder Care, and Loss" (Oxford University Press 2017, with Amy Ziettlow). Marriage Markets (Oxford University Press 2014, with June Carbone) was named as one of the best books of 2014 by both The Economist and Newsweek. Cahn served as the Reporter for the Uniform Law Commission's Uniform Fiduciary Access to Digital Assets Act Revised (2015), which has now been adopted in more than a dozen states. She received her LL.M. from Georgetown University Law Center, he J.D. from Columbia Law School, and her A.B. from the Woodrow Wilson School of Public and International Affairs at Princeton University.

    At GW Law, she teaches courses on elder law, family law, trusts and estates, and child, family, and state.

    Selected Books

    • The New Kinship. NYU Press, 2013.
    • (With Carbone, June.) Red Families v. Blue Families: Legal Polarizaton and the Creation of Culture. Oxford : Oxford University Press, 2010.
    • (With Douglas E. Abrams, Catherine J. Ross, & David D. Meyer). Contemporary Family Law. 2nd ed. St. Paul: Thomson/West, 2015.
    • First edition published in 2006.
    • Test Tube Families: Why the Fertility Market Needs Legal Regulations. New York: New York University Press, 2009.
    • (With Hollinger, Joan Heifetz). Families by Law: An Adoption Reader. New York: New York University Press, 2004.

    Susan N. Gary

    Susan Gary is the Orlando J. and Marian H. Hollis Professor of Law at the University of Oregon School of Law. Prior to joining the faculty she practiced estate planning and advised charitable organizations at Mayer, Brown & Platt (now Mayer Brown LLP) in Chicago and worked in international taxation at DeBandt, van Hecke and Lagae in Brussels. Her research examines the regulation of charities, fiduciary duties and the prudent investor rule, the definition of family for inheritance purposes, donor intent in connection with restricted charitable gifts, and the use of mediation in estate planning and probate. She is a Trustee of the University of Oregon Board of Trustees, an Academic Fellow and former Regent of the American College of Trust and Estate Counsel, and a member of the Oregon Law Commission. She has been a member of Council of the Real Property, Trust and Estate Section of the ABA and chair of the Estate Planning and Administration Section of the Oregon State Bar. Prof. Gary served as Reporter for the Drafting Committees of the Uniform Law Commission that developed the Uniform Prudent Management of Institutional Funds Act (UPMIFA) and the Model Protection of Charitable Assets Act.

    • Mediation for Estate Planners: Managing Family Conflict, editor and chapter author (American Bar Association: 2016).
    • Bogert’s Law of Trusts and Trustees, §§ 321-352 (2d ed. revised) (2015).
    • Values and Value: University Endowments, Fiduciary Duties, and ESG Investing, 42 The Journal of College and University Law 247 (2016).
    • Definitions of Children and Descendants: Construing and Drafting Wills and Trust Instruments, 5 Texas Tech Estate Planning and Community Property Law Journal 283 (2013).
    • The Probate Definition of Family: A Proposal for Guided Discretion in Intestacy, 45 Mich. J. of L. Reform (2012).
    • Is It Prudent to be Responsible: The Legal Rules for Charities that Engage in Socially Responsible Investing and Mission Investing, 6 Nw. J.L. & Soc. Pol'y 106 (2011).
    • The Problems with Donor Intent: Interpretation, Enforcement, and Doing the Right Thing, 85 Chicago-Kent L. Rev. 977 (2010).
    • We Are Family: The Definition of Parent and Child for Succession Purposes, 34 ACTEC Journal 171 (2008).
    • Charities, Endowments, and Donor Intent: The Uniform Management of Institutional Funds Act, 41 Georgia L. Rev. 1277 (2007).
    • Transfer-on-Death Deeds: the Nonprobate Revolution Continues.” 41 Real Prop., Prob. & Trust J. 529 (2007).

    Jerome Borison

    Borison is a nationally recognized professor who teaches, writes and consults in the areas of IRS controversies and estate planning.

    Before entering law teaching in 1982, he practiced as a Certified Public Accountant (CPA) in Pennsylvania and as an attorney for IRS Chief Counsel’s office in San Francisco. He has been actively involved in the American Bar Association Section of Taxation and is a Fellow with the American College of Tax Counsel. Prof. Borison teaches in the College of Law and in the Graduate Tax Program. At the University of Denver Sturm College of Law, Professor Borison was the founding director of the Low Income Taxpayer Clinic and was the supervising professor for its first 23 years of operation. Among his publications are the following books: Editor and Principal Author of first two editions of &"Effectively Representing Your Client Before the ‘New’ IRS” – A comprehensive, easy-to-use handbook published by the American Bar Association Section of Taxation for the general tax practitioner. A three-volume/CD-ROM set – including sample correspondence, forms, and hundreds of practice tips.

    Co-author (with Profs. Steve Johnson and Sam Ullman) of &"Federal Tax Procedure” (3rd Ed. 2016, Carolina Academic Press), one of a dozen casebooks in the Carolina Academic Press Graduate Tax Series for use in graduate tax programs.

    Co-author (with Susan Gary, Naomi Cahn, and Paula Monopoli) of &"Contemporary Trusts and Estates,” Aspen Casebook Series, Wolters Kluwer Law & Business (3rd Ed., 2016)

    Featured Publications
    • Contemporary Trusts and Estates - An Experiential Approach, 58 Saint Louis University Law Journal 727 (2014).
    • Defending the IRC §6672 &"Trust Fund Recovery Penalty, 8 J. of Tax Pract. & Proc. 21 (2006).
    • Getting Equity from the Tax Court in Innocent Spouse Cases, 72 Tax Notes 1787 (1996).

    Paula A. Monopoli

    Monopoli is the Sol & Carlyn Professor of Law at the University of Maryland School of Law where she founded the Women, Leadership & Equality Program in 2003. Professor Monopoli received her B.A, cum laude, from Yale College in 1980, and a J.D. from the University of Virginia School of Law in 1983. She teaches Property, Trusts & Estates and a seminar in Gender in the Legal Profession. Professor Monopoli's publications include Gender and Constitutional Design in the Yale Law Journal, Marriage, Property and [In]Equality: Remedying ERISA's Disparate Impact on Spousal Wealth in the Yale Law Journal Online and Women and the Gendered State (with E. McDonagh) inFeminist Constitutionalism (Cambridge University Press) and three books, Law and Leadership: Integrating Leadership Studies into the Law School Curriculum (eds. with McCarty)(Ashgate), Contemporary Approaches to Trusts and Estates 2d ed. (with Gary, Borison and Cahn)(Aspen Publishers) and American Probate (Northeastern University Press). Professor Monopoli is an elected member of the American Law Institute and an Academic Fellow of the American College of Trust & Estate Counsel. She has twice been selected as the Outstanding Professor of the Year at the School of Law, most recently in May 2013. Professor Monopoli was also named the University Teacher of the Year at the University of Maryland Baltimore in 2013.



    • Contemporary Trusts and Estate: An Experiential Approach

    (2d. ed. Aspen 2014) (with S. Gary, J. Borison & N. Cahn)

    • Leadership and Law: Integrating Leadership Studies into the Law School Curriculum

    (London: Ashgate 2013)(eds. with S. McCarty)

    • American Probate: Protecting the public, Improving the Process

    (Boston: Northeastern University Press 2003)

    Law Review Articles and Book Chapters:

    • The Marital Presumption and Inheritance Law After Obergefell

    8 Estate Planning & Community Property Journal 437 (2016)

    • The Market Myth and Pay Disparity in Legal Academia

    52 Idaho Law Review 867 (2016)

    • Contemporary Trusts and Estates – An Experiential Approach

    58 St. Louis University Law Journal 727 (2014)

    Special Teaching Issue on Trusts and Estates (with Borison, Cahn & Gary)

    • Teaching Gender and Leadership

    In Leadership and Law:

    Integrating Leadership Studies into the Law School Curriculum

    (London: Ashgate 2013)(eds. with S. McCarty)

    • Gender and the Crisis in Legal Education: Remaking the Academy in Our Image

    2013 Michigan State Law Review 1745 (2013)

    Symposium on Gender and the Pipeline to Power in the Legal Profession

    • Toward Equality: Nonmarital Children and the Uniform Probate Code

    45 University of Michigan Journal of Law Reform 995 (2012)

    • Women and the Gendered State (with E. McDonagh)

    In Feminist Constitutionalism (Cambridge University Press 2012)

    • Marriage, Property & [In]Equality

    119 Yale Law Journal Online 61 (2009)

    Reprinted in 17 Journal of Pension Benefits 36 (2010)

    • Why So Slow: A Comparative View of Women’s Political Leadership

    34 Maryland Journal of International Law 857 (2009)

    • In a Different Voice: Lessons from Ledbetter

    34 Notre Dame Journal of College and University Law 555 (2008)

    • Nonmarital Children and Post-Death Parentage: A Different Path for Inheritance Law

    48 Santa Clara Law Review 857 (2008)

    • Gender and Justice: Parity and the United States Supreme Court

    8 Georgetown Journal of Gender and the Law 43 (2007)

    • Gender and Constitutional Design

    115 Yale Law Journal 2643 (2006)

    • Drafting Attorneys as Fiduciaries:

    Fashioning an Optimal Ethical Rule for Conflicts of Interest

    (Lead Article) 66 University of Pittsburgh Law Review 411 (2005)

    • Free Speech Rationales after September 11th:

    The First Amendment in Post-World Trade Center America (with M. Scordato)

    13 Stanford Law & Policy Review 185 (2002)

    Reprinted in &"The First Amendment Law Handbook 2002-2003” (West Publishing 2003)

    • Fiduciary Duty: A New Ethical Paradigm for Lawyer/Fiduciaries

    67 Missouri Law Review 309 (2002)

    • Teaching Lawyers to be More Than Zealous Advocates

    (Book Review) 2001 Wisconsin Law Review 1159 (2001)

    • Legal Ethics & Practical Politics:

    Musings on the Public Perception of Lawyer Discipline

    10 Georgetown Journal of Legal Ethics 423 (1997)

    • Deadbeat Dads: Should Support and Inheritance Be Linked?

    49 University of Miami Law Review 257 (1994)

    • Allocating the Costs of Parental Free Exercise: Striking a New Balance Between

    Sincere Religious Belief and a Child's Right to Medical Treatment

    18 Pepperdine Law Review 319 (1991)

    • Habeas Corpus Proceedings, Chapter 7

    Child Custody & Visitation, Matthew Bender (1992)

    • Preparing Witnesses for Trial in a Will Contest

    Estate Planning & Administration, Warren, Gorham & Lamont (1990 with R. Ziel

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