THE WILLS, TRUSTS AND
ESTATE PLANNING HANDBOOK
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THE CONTENTS OF THIS HANDBOOK ARE AS FOLLOWS:
Chapter One - PROFESSIONAL RESPONSIBILITY IN ESTATE PLANNING AND WILL DRAFTING 1.01 The Duty to Inquire and Become Informed
1.02 Recognizing Undue Influence
and Lack of Mental Capacity
1.03 Recognizing and Handling Conflicts of Interest
1.04
Professional Responsibility in the Handling of Estate Documents
1.05 Professional
Responsibility With Respect to Attorney's Fees
Chapter Two - LIMITATIONS ON THE RIGHT TO DISTRIBUTE AN ESTATE AT DEATH 2.01 Elective Share Statutes; Dower and Curtesy
2.02 Omitted Spouse Statutes
2.03
Waivers of Spouses' Elective and Other Estate Rights
2.04 The Family and Other
Allowances
2.05 Pretermitted Child Statutes
2.06 The Rights of Creditors
Chapter Three - ESTATE DISTRIBUTION TAXES 3.01 The Unified Federal Transfer Tax and the Unified Credit
3.02 The Federal
Gift Tax and the Annual Exclusion
3.03 Federal Estate Taxes - The Taxable Estate
3.04
The Marital Deduction
3.05 The Generation Skipping Transfer Tax
3.06 State
Inheritance and Estate Taxes
3.07 The Necessity of Tax Planning
Chapter Four - OBTAINING THE NECESSARY INFORMATION 4.01 The Necessary Information
4.02 Interviewing the Client - A Checklist
Chapter Five - METHODS OF ESTATE DISTRIBUTION OTHER THAN WILLS AND TRUSTS 5.01 Intestate Succession
5.02 The Role of Joint Tenancy in Estate Planning
5.03
The Effect of Community Property Laws on Estate Planning
5.04 The Role of Life
Insurance in Estate Planning
5.05 The Role of Retirement Benefits, IRAs and Annuities
in Estate Planning
5.06 The Role of Noncharitable Gift Making in Estate Planning
5.07
The Role of Custodianships For Minors in Estate Planning
5.08 The Use of Powers
of Attorney in Estate Planning
5.09 The Use of Disclaimers in Estate Planning
5.10
The Use of Payable on Death and Trust Accounts in Estate Planning
Chapter Six - THE PREPARATION AND DRAFTING OF WILLS 6.01 Doctrines and Rules Applicable to Wills
6.02 General Drafting Considerations
for Wills
6.03 The Execution and Witnessing Requirements of Wills
6.04 Contractual
and Reciprocal Wills
6.05 Drafting Simple Wills
6.06 Drafting Complex Wills
6.07
Drafting Codicils
6.08 Reviewing Existing Wills
Chapter Seven - THE USE OF TRUSTS IN ESTATE PLANNING 7.01 An Introduction to the Use of Trusts in Estate Planning
7.02 Powers of
Appointment
7.03 Marital Deduction and By-Pass Trusts
7.04 Estate Planning
with Revocable Trusts
7.05 The Use of Irrevocable Trusts in Estate Planning
7.06
Section 2503(c) Trusts for Minors
Chapter Eight - LIVING WILLS AND HEALTH CARE DIRECTIVES 8.01 The Use and Drafting of Living Wills
8.02 Durable Powers of Attorney for
Health Care
Chapter Nine - CHARITABLE GIVING 9.01 An Introduction to Charitable Giving
9.02 The Federal Tax Aspects of Charitable
Giving
9.03 Gifts of Partial Interests - Charitable Trusts
Chapter Ten - ESTATE PLANNING FOR PERSONS WITH MODEST ESTATES
10.01 The Need for Planning in Modest Estates
10.02 The Importance of Avoiding
Probate
10.03 The Estate Planning Needs of Persons With Minor Children
10.04
The Estate Planning Needs of Persons With Grown Children
10.05 The Unique Estate
Planning Needs of the Elderly
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