Description
Estate Planning is a practical, indispensable deskbook for those attorneys practicing estate planning—and especially for those who don`t practice it regularly. This two-volume set is a companion to Trusts, Powers of Attorney, Custodianships, and Nonprobate Matters and Estate Administration and includes several chapters on specific planning and drafting issues as shown in the table of contents below. The experienced and knowledgeable authors provide a wide range of coverage, from handling a modest estate to the ins and outs of family businesses.The book includes practice tips, checklists, and techniques as well as nearly 50 sample forms—many with comments and annotations—that can be adapted to a client`s specific needs.
Get practical advice on understanding and relating to clients, ethical considerations—what they are and what to do about them, preparation and safekeeping of documents—even ideas for what paper to use, advantages and disadvantages of joint tenancy, and how and when to fund a trust. Find information on special needs trusts, disclaimer trusts, dynasty trusts, and incentive trusts; IRS treatment of family limited partnerships and LLCs; what to do with life insurance; and planning for retirement benefits. And the book comes with a full-text, fully searchable CD that also includes forms in word-processing format. The 2013 cumulative supplement includes federal and state legislative changes, including the American Taxpayer Relief Act of 2012, revisions to the federal Pension Protection Act of 2006, and the state right-of-sepulcher statutes. The 2013 cumulative supplement includes updated forms; caselaw; new sections on trust protectors, QSJT, beneficiary changes postdeath, nontraditional family structures, and postdeath conception; and 2 rewritten chapters.
3rd edition 2009, includes 2013 Supplement (954 pages)
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FORMS INCLUDED:
Chapter 1—The Client Planning Conference
Client Information Sheet | §1.67
Asset Checklist—Short Form | §1.68
Family and Asset Checklist—Long Form | §1.69
Confidential Information Disclosure Authorization | §1.70
Letter to Institutional Beneficiaries | §1.71
Engagement Letter with Conflicts of Interest Disclosures | §1.72
Trust Provision Authorizing Tangible Personal Property List | §1.73
Agreement to Make Reciprocal Wills and Trust and Will and Trust Provision | §1.74
Discretionary Trust Provision | §1.75
Chapter 3—Drafting the Basic Will and Trust
Basic Estate Planning Questionnaire | §3.10
Basic Form of Simple Will (Without Annotations) | §3.11
Suggested Clause—Appointment of Guardian of Person and Conservator of Estate (for Minor Children) | §3.25
Suggested Clause—Gift for Charitable Purposes | §3.27
Suggested Clause—In Terrorem | §3.28
Form of Health Care Directive/Living Will | §3.30
Form of Durable Power of Attorney for Health Care Under Chapter 404, RSMo | §3.32
Form of Health Insurance Portability and Accountability Act of 1996 Authorization | §3.34
Will Establishing Testamentary Trust for Minor Children | §3.35
Form of Joint Revocable Inter Vivos Trust | §3.38
Form of Revocable Inter Vivos Trust for Single Persons | §3.40
Form of Pourover Will to Use With Joint Revocable Inter Vivos Trust | §3.42
Basic Qualified Spousal Trust | §3.51
Separate Share Qualified Spousal Trust | §3.52
Chapter 4—Drafting a Marital Deduction Will and a Marital Deduction Trust
Will Form—Including Power of Appointment Trust | §4.5
Will Form—Including Qualified Terminable Interest Property Trust | §4.7
Form—Inter Vivos Marital Deduction Trust | §4.9
Form—Common Marital Deduction Trust | §4.11
Form—Disclaimer Trust | §4.13
Chapter 6—Planning and Techniques for Making Gifts
Instructions for Form 709 | §6.118
Form 709 | §6.119
Chapter 10—Drafting Family Limited Partnerships and Family Limited Liability Companies
Limited Partnership Agreement | §10.9
Certificate of Limited Partnership | §10.10
Family Limited Liability Company Forms Operating Agreement | §10.12
Articles of Organization | §10.13
Chapter 11—Drafting Business Purchase and Restrictive Transfer Agreements (“Buy/Sell Agreements”)
Buy/Sell Agreement Worksheet | §11.26
Sample Agreement | §11.27
Chapter 12—Planning Opportunities With Life Insurance
Joint Irrevocable Life Insurance Trust Agreement | §12.70
Letter to Clients | §12.71
Chapter 14—Antenuptial and Postnuptial Agreements
Sample Antenuptial Agreement | §14.20
Chapter 16—Funding Revocable Living Trusts
Sample Stock or Bond Power | §16.86
Letter Regarding Transfer of Assets to Trust | §16.87
Brokerage Certification of Trust Investment Powers | §16.88
Special Warranty Deed to Revocable Trust | §16.89
Beneficiary Deed to Revocable Trust | §16.90
Assignment of Tangible Personal Property to Revocable Trust §16.91
Assignment of Partnership Interest to Revocable Trust | §16.92
Assignment of Promissory Note to Revocable Trust | §16.93
Brokerage Firm Nonprobate Transfers (Transfer on Death) Agreement | §16.94
Content
Chapters
1 | The Client Planning Conference
Michael P. Gunn
2 | Planning, Preparation, and Execution of Wills and Trusts
Stephen F. Aton
Micah D. Hall (Supp.)
3 | Drafting the Basic Will and Trust
Emily J. Bell
Clifford S. Brown (Supp.)
4 | Drafting a Marital Deduction Will and a Marital Deduction Trust
Mary Nan Dupont and
Edward A. Setzler
5 | Planning for Minors, Elderly, and Disabled Persons
Julie A. Berkowitz and
Christine A. Gilsinan
6 | Planning and Techniques for Making Gifts
Bhavik R. Patel
Mara J. Lahnar (Supp.)
7 | Charitable Contribution Techniques and Planning
Scot W. Boulton
Joseph N. Blumberg (Supp.)
8 | Forms of Property Ownership
Edgar T. Farmer
Lee Ann Walker (Supp.)
9 | Estate Planning for Family Business Owners
Gayle Evans
10 | Drafting Family Limited Partnerships and Family Limited Liability Companies
Gary A. Powell
Richard A. Russell (Supp.)
11 | Drafting Business Purchase and Restrictive Transfer Agreements ("Buy/Sell Agreements")
Orren S. Adams and
Adam W. Randle
12 | Planning Opportunities With Life Insurance
Volunteers and Staff
James G. Blase (Supp.)
13 | Miscellaneous and Estate Planning Techniques
Thomas D. Peebles, Jr.
14 | Antenuptial and Postnuptial Agreements
Bhavik R. Patel
Erin L. Kolb (Supp.)
15 | Planning With Qualified Plans and Individual Retirement Accounts
Gayle Evans
16 | Funding Revocable Living Trusts
Mary Ellen Simmons
Forms
Chapter 1—The Client Planning Conference
Client Information Sheet | §1.67
Asset Checklist—Short Form | §1.68
Family and Asset Checklist—Long Form | §1.69
Confidential Information Disclosure Authorization | §1.70
Letter to Institutional Beneficiaries | §1.71
Engagement Letter with Conflicts of Interest Disclosures | §1.72
Trust Provision Authorizing Tangible Personal Property List | §1.73
Agreement to Make Reciprocal Wills and Trust and Will and Trust Provision | §1.74
Discretionary Trust Provision | §1.75
Chapter 3—Drafting the Basic Will and Trust
Basic Estate Planning Questionnaire | §3.10
Basic Form of Simple Will (Without Annotations) | §3.11
Suggested Clause—Appointment of Guardian of Person and Conservator of Estate (for Minor Children) | §3.25
Suggested Clause—Gift for Charitable Purposes | §3.27
Suggested Clause—In Terrorem | §3.28
Form of Health Care Directive/Living Will | §3.30
Form of Durable Power of Attorney for Health Care Under Chapter 404, RSMo | §3.32
Form of Health Insurance Portability and Accountability Act of 1996 Authorization | §3.34
Will Establishing Testamentary Trust for Minor Children | §3.35
Form of Joint Revocable Inter Vivos Trust | §3.38
Form of Revocable Inter Vivos Trust for Single Persons | §3.40
Form of Pourover Will to Use With Joint Revocable Inter Vivos Trust | §3.42
Basic Qualified Spousal Trust | §3.51
Separate Share Qualified Spousal Trust | §3.52
Chapter 4—Drafting a Marital Deduction Will and a Marital Deduction Trust
Will Form—Including Power of Appointment Trust | §4.5
Will Form—Including Qualified Terminable Interest Property Trust | §4.7
Form—Inter Vivos Marital Deduction Trust | §4.9
Form—Common Marital Deduction Trust | §4.11
Form—Disclaimer Trust | §4.13
Chapter 6—Planning and Techniques for Making Gifts
Instructions for Form 709 | §6.118
Form 709 | §6.119
Chapter 10—Drafting Family Limited Partnerships and Family Limited Liability Companies
Limited Partnership Agreement | §10.9
Certificate of Limited Partnership | §10.10
Family Limited Liability Company Forms Operating Agreement | §10.12
Articles of Organization | §10.13
Chapter 11—Drafting Business Purchase and Restrictive Transfer Agreements (“Buy/Sell Agreements”)
Buy/Sell Agreement Worksheet | §11.26
Sample Agreement | §11.27
Chapter 12—Planning Opportunities With Life Insurance
Joint Irrevocable Life Insurance Trust Agreement | §12.70
Letter to Clients | §12.71
Chapter 14—Antenuptial and Postnuptial Agreements
Sample Antenuptial Agreement | §14.20
Chapter 16—Funding Revocable Living Trusts
Sample Stock or Bond Power | §16.86
Letter Regarding Transfer of Assets to Trust | §16.87
Brokerage Certification of Trust Investment Powers | §16.88
Special Warranty Deed to Revocable Trust | §16.89
Beneficiary Deed to Revocable Trust | §16.90
Assignment of Tangible Personal Property to Revocable Trust §16.91
Assignment of Partnership Interest to Revocable Trust | §16.92
Assignment of Promissory Note to Revocable Trust | §16.93
Brokerage Firm Nonprobate Transfers (Transfer on Death) Agreement | §16.94
