Estate Planning in Virginia (Virginia CLE) (2018 Ed.)
- Appendix 11-9 Client Document Execution Memorandum
- Chapters and Authors
- Contents
- Appendix 5-1 Statutory Framework of Authorities for Trusts
- Appendix 5-15a Sample Nonreciprocal Trust Created for Sole Lifetime Benefit of Donee Spouse
- Appendix 5-8 I.r.c. § 2503(c) Trust
- Appendix 8-12 Consent for Medical Treatment of Minor Child
- 5.1 Introduction and Scope
- Appendix 8-6 Durable Limited Power of Attorney for Tax Matters
- Appendix 5-11 Crummey Trust for the Benefit of a Child of the Grantor
- Appendix 4-6 Pour-over Will
- 10.8 Powers of Appointment
- 11.3 Legal Requirements for Execution of a Will
- Appendix 11-2 Sample Letter Sending Tax-oriented Document Drafts to Clients
- Appendix 1-5 Short-form Questionnaire
- 5.16 Modern Trust Structure and Governance
- Appendix 8-8 General Durable Power of Attorney-alternative Form
- Appendix 8-2 Memorandum of Escrow Delivery of Power of Attorney; Authorization for Release of Confidential and Protected Health Information
- Appendix 11-7 Self-proving Certificate Without Testator and Witness Signatures
- Appendix 11-10 Log for Original Client Documents Retained by Law Firm
- 10.2 Nature of Nonprobate Assets
- Appendix 5-13 Annual Withdrawal Right Donee Notification Letter for Crummey Trust for the Benefit of a Child of the Grantor
- 5.15 Creation of Trust by Conservator of Estate of Incapacitated Person
- 6.10 Disclaimers
- Appendix 5-7 Grandchild's Trust
- 5.2 Virginia Uniform Trust Code
- 5.8 Reasons for Using a Revocable Trust
- Appendix 12-2 Sample Letter Terminating Representation with Estate Planning Client Upon Completion
- Title and Copyright
- 3.11 Other Documents
- 5.4 Overview of the Pour-over Will and Living Trust Arrangement
- Appendix 8-11 Power of Attorney for Minor Child's Care
- Appendix 5-3 Tax Trust with Qtip or General Power of Appointment Marital Trust
- 10.3 Estate Plan Integration
- 10.7 Qualified Plan and Ira Retirement Benefits
- 4.3 Will Substitutes and Alternative Planning
- Appendix 11-11 Sample Letter to Prior Attorney or Corporate Fiduciary Requesting Return of Prior Originals to Client
- Appendix 1-4 Long-form Questionnaire
- 11.2 Review of Documents before Execution
- 1.1 Introduction
- 12.6 Ethical Issues Regarding Contacting Former Clients
- 5.5 On Forms
- Appendix 11-3 Sample Letter to Corporate or Other Professional Fiduciary Sending Document Drafts for Review
- 2.5 Law Firms and Associations
- Ebook License
- 3.3 Probate Process—a Brief Overview
- Index
- 6.1 Overview of the Unified Transfer Tax System
- 7.4 Valuation of Interests for Estate Tax Purposes
- 6.9 Consistency in Basis Reporting
- 1.3 Collecting the Information
- Appendix 11-5 Procedure for Notaries in the Use of Self-proving Certificates
- Electronic Forms: Instructions and Table
- Appendix 12-4 Sample First Letter to Client Who Fails to Re-contact Attorney
- 12.5 Retrieval System
- 1.5 Confidentiality and Cyber Security
- Appendix 10-1 Revocable Transfer on Death Deed Pursuant to Section 64.2-635 of the Virginia Code
- 7.9 Estate Freezes
- About the Editor and Authors
- 4.4 Fundamental Will Provisions
- 10.1 Introduction
- 4.6 Prerequisites for a Valid Will
- 3.7 Comparison of Testacy and Intestacy
- 1.6 Proposed Methodology for Conducting the Interview
- 6.2 Determining Property Subject to Estate Tax
- 6.8 Special Valuation Rules
- 12.4 How to Terminate the Representation
- 6.11 Saving Taxes with Charitable Gifts
- 7.5 Use of the I.r.c. § 303 Redemption
- 11.5 Document Execution Ceremony
- 1.2 Starting the Process
- 9.6 Considerations in Selecting Agent Under Power of Attorney
- Appendix 4-2 Non-tax Will for Married Person with Trust for Children
- 3.1 Introduction
- 1.4 Recognizing Ethical Dilemmas
- 4.1 Introduction
- 7.8 Disposition of Business Interest before Death
- 7.2 Selecting a Form of Ownership
- Appendix 5-2 Non-tax Trust with Trust for Children
- 3.5 Other Rights
- Appendix 5-10 Annual Withdrawal Right Notification Letter
- 4.9 Matching the Estate Planning Documents with the Client
- 5.10 General Considerations in Drafting an Irrevocable Trust
- 6.4 Selecting and Funding Marital Deduction Formulas
- 5.3 Revocable Living Trust: What Is It?
- Appendix 11-4 Signing for Testator Form
- Appendix 5-15 Sample Nonreciprocal Trust Forms
- 4.12 Modern Trust Law
- Appendix 8-3 Durable General Power of Attorney
- 8.2 Minor Children
- 2.3 Lawyer as Advisor
- 12.1 Overview
- 4.5 Basic Considerations
- 8.3 Assets Owned in Other Jurisdictions
- 9.2 Standards of Judgment, Duties, and Obligations
- 9.7 Selecting Agents Under Health Care Powers of Attorney and Advance Medical Directives
- Appendix 5-4 Tax Trust with Gst Provisions
- Appendix 5-9 Initial "perpetual" Withdrawal Right Notification Letter
- Appendix 8-4 Durable Special Power of Attorney Granting Authority to Agent to Make Gifts
- 5.12 Irrevocable Life Insurance Trust
- 11.7 Safekeeping of Documents
- 9.1 Fiduciaries Generally
- 11.6 Execution of Other Estate Planning Documents
- Preface
- Appendix 7-3 Business Succession Planning Questionnaire Relating to the Business, Its Operations, Management, and Ownership Structure
- Appendix 4-5 Tax Will with Qtip or General Power of Appointment Marital Trust
- Appendix 4-7 Codicil
- 6.6 Taxation of Gifts
- Appendix 7-2 Shareholder Agreement
- 4.10 Selected Problem Areas
- Appendix 8-7 Designation of Individual to Make Arrangements for Funeral and Disposition of Remains
- 3.6 Reasons for Having a Will
- 2.4 Lawyer as Advocate
- 5.9 Living Trust as a Will Substitute
- 10.9 Augmented Estate
- 8.1 Powers of Attorney
- 4.8 The American Taxpayer Relief Act of 2012 and the Tax Cuts and jobs Act of 2017: Estate, Gift, and Gst Taxes
- Appendix 4-4 Tax Will with Outright Disposition of Marital Share
- 3.10 Alternatives to Trusts
- 3.9 Uses of Trusts
- 5.11 Estate, Gift and Gst Taxes
- 6.3 Estate Tax Marital Deduction
- 5.14 Decanting Trust Assets
- 2.6 Information About Legal Services
- Appendix 5-14 General Diagram
- Appendix 8-9 Agent's Certification as to Validity of Power of Attorney and Agent's Authority
- Appendix 8-5 Advance Medical Directive Appointment of Agent for Health Care Decisions Appointment of Personal Representative to Obtain Health Care Information Appointment of Agent to Make Anatomical Gifts
- 10.6 Life Insurance
- 10.5 Pod and Tod Accounts
- Appendix 1-3 Engagement Letter—alternative Form
- 3.2 Forms of Ownership
- 9.8 Selection and Appointment of Successor Fiduciaries
- Appendix 12-1 Legal Ethics Opinions 312, 973, 1519, and 1305
- 5.7 Basic Revocable Trust Provisions
- Appendix 12-5 Sample Letter Terminating Relationship with Client Who Fails to Re-contact Attorney
- 12.3 Importance of Terminating the Representation
- Appendix 9-1 Attorney/fiduciary Disclosure and Client Consent
- 3.8 Types of Trusts
- 9.5 Considerations in Selecting Guardians of Minor Children
- Appendix 5-6 Life Insurance Trust
- 4.11 Common Clauses and Uncommon Results
- 5.13 Charitable Remainder Trust
- 6.5 Other Deductions from the Gross Estate
- Appendix 8-1 Memorandum of Understanding Accompanying Power of Attorney
- 4.7 Amending the Plan: Codicil or New Will
- 7.10 Non-tax Considerations of Business Succession Planning
- 9.3 Fiduciary Choices Available
- In Memoriam
- 9.4 Considerations in Selecting Personal Representatives and Trustees
- Acknowledgments
- Appendix 1-2 Engagement Letter
- 10.10 Uniform Real Property Transfer on Death Act
- 2.1 Introduction
- 11.1 Overview
- 3.4 The Augmented Estate
- 4.8 the American Taxpayer Relief Act of 2012 and the Tax Cuts and J jobs Act of 2017: Estate, Gift, and Gst Taxes
- 2.2 Relationship Between Client and Lawyer
- 11.4 Proof of Execution of Wills
- 7.1 Introduction
- Appendix 12-3 Sample Letter to Corporate or Other Professional Fiduciary Sending Executed Documents for Safekeeping
- 3.14 Implementing the Plan
- Appendix 5-16 Miscellaneous Trust Provisions
- Appendix 4-3 Will with Special Needs Trust for Disabled Child
- 3.12 Transfer Tax Considerations
- 4.2 What Constitutes a Will?
- Appendix 4-1 Non-tax Will for Single Person with Trust for Young Beneficiaries
- 10.4 Jointly Owned Property
- Appendix 7-1 Shareholder Agreement Drafting Questionnaire
- Appendix 11-1 Sample Letter Sending Non-tax Document Drafts to Clients
- 10.11 Designation of Beneficiary on Motor Vehicle Certificate of Title
- Appendix 7-4 Business Succession Planning Questionnaire Relating to Non-business Assets
- 3.13 Planning for Married Couples
- Appendix 5-15b Sample Nonreciprocal Trust Created for Joint Lifetime Benefit of Donee Spouse and Descendants; Donee Spouse Has Lifetime Limited Power to Appoint
- Appendix 11-8 Legal Ethics Opinion 1283
- Appendix 5-12 Annual Withdrawal Right Trustee/guardian Notification Letter for Crummey Trust for the Benefit of a Child of the Grantor
- 7.7 Estate Tax Deduction for Qualified Family-owned Businesses
- 9.9 Compensation of Fiduciaries
- 3.15 Conclusion
- 12.2 Completion of Work
- Appendix 5-5 Amendment to Trust Agreement
- Appendix 4-8 Drafting Suggestions for Clause to Elect Portability
- 6.7 Generation-skipping Transfer Tax
- 12.7 Ethical Issues Regarding Closed Estate Planning Files
- Appendix 1-1 Initial Letter to Client
- Appendix 11-6 Self-proving Certificate with Testator and Witness Signatures
- Appendix 8-10 Revocation of Power of Attorney
- Appendix 10-2 Revocation of Transfer on Death Deed Pursuant to Section 64.2-636 of the Virginia Code
- 7.3 Shareholder Agreements
- 7.6 Election to Defer Payment of Estate Tax