Estate Planning

AuthorCindy Stormer
I. General Points
§11:01 Client Interview
§11:02 Meeting a Married Couple
§11:03 Avoiding Probate
§11:04 Clients with Current Wills
§11:05 Prepaid Funeral Expenses
§11:06 Conflict of Interest: Prohibited Transactions
§11:07 Importance of Financial Planning
II. Financial Planning
§11:10 Home Equity Loans and Reverse Mortgages
§11:11 Homesteads
§11:12 Individual Retirement Accounts (IRAS)
§11:13 Investments
§11:14 Life Insurance
§11:15 Annuities
III. Non-Probate Assets
§11:20 Joint Tenancy with Right of Survivorship
§11:21 Payable on Death Accounts (P.O.D.)
§11:22 Joint Accounts
§11:23 Life Insurance
IV. Tax Issues
§11:30 Federal Unified Tax Credit
§11:31 Estate Taxes
§11:32 Gifts and Gift Tax
§11:33 Community Property vs. Separate Property
§11:34 Property Taxes
V. Wills
§11:40 Importance of Having a Will
§11:41 Basic Types of Wills
§11:42 Community Property
§11:43 The Common Forms: A Will and a Testamentary Trust
§11:44 Special Provisions
§11:45 Executors
§11:46 Execution of the Will
§11:47 Revocation
§11:48 Divorce Voids Provisions for the Former Spouse
§11:49 Will Deposit
VI. Ancillary Documents
A. Financial Matters
§11:50 Durable Power of Attorney
§11:51 General Power of Attorney
§11:52 Special Power of Attorney
§11:53 Revocation of the POA
B. Health Matters
§11:60 Power of Attorney for Health Care
§11:61 Directive to Physicians
VII. Trusts
A. General Points
§11:70 Creation of a Trust
§11:71 Purpose, Types, and Taxes
§11:72 Community Property Agreement and Pour-Over Will
§11:73 Client Interview
§11:74 Crummey Powers
§11:75 Letters to Transfer Agents
§11:76 Termination of the Trust
B. Marital and Bypass Trusts
§11:80 General Points
§11:81 When Trusts Are Not Advisable
§11:82 How the Trusts Work
§11:83 Selecting Assets for Trusts
C. Living Trusts
§11:90 General Points
§11:91 Disadvantages to Living Trusts
§11:92 Advantages to Living Trusts
§11:93 Myths about Living Trusts
§11:94 Tax Consequences
D. QTIP Trusts
§11:100 General Points
§11:101 When to Use a QTIP Trust
§11:102 Requirements to Establish a QTIP Trust
§11:103 Creating a QTIP Trust
§11:104 How a QTIP Trust Works
§11:105 Disadvantage of a QTIP Trust
E. Charitable Remainder Trusts
§11:110 General Points
§11:111 Tax Consequences
VIII. Guardianship
§11:120 General Points
§11:121 Client Interview
§11:122 Designating a Guardian for Children
§11:123 Alternatives to a Guardianship
11−3 ESTATE PLAnnIng
§11:124 Appointment of Guardian
§11:125 Guardian of the Estate
IX. Long-Term Care
§11:130 Social Security
§11:131 Supplemental Security Income (SSI)
§11:132 Nursing Homes
§11:133 Medicare
§11:134 Medicaid
§11:135 Hospice
§11:136 Free Telephones and SOS Emergency Buttons for Qualifying Elderly
X. Estate Issues
§11:140 Promise Must Be in Writing
§11:141 Disclaimers
§11:142 Interference with Inheritance
§11:143 Ademption
§11:144 Testamentary Capacity
Form 11:10 Will Intake
Form 11:20 Will Questionnaire
Form 11:30 Procedures
Form 11:40 Joint Representation
Form 11:50 Execution of Wills
Form 11:60 Last Will and Testament
Form 11:70 [Reserved]
Form 11:80 Last Will and Testament With Trust
Form 11:90 [Reserved]
Form 11:100 Last Will and Testament With Trust and Marital Trust
Form 11:110 Bequests Reduced
Form 11:120 Life Estate Provision
Form 11:130 [Reserved]
Form 11:140 Codicil
Form 11:150 Directive to Physicians
Form 11:151 HIPAA Release
Form 11:160 Power of Attorney
Form 11:170 Medical Power of Attorney
Form 11:180 [Reserved]
Form 11:190 Revocation of Power of Attorney
Form 11:200 Pour-Over Provision
Form 11:210 Trusts Checklist
Form 11:215 Affidavit of Accuracy and Solvency
Form 11:220 Trust Agreement
Form 11:230 Spray Trust Provisions—Unequal Distribution
Form 11:240 Marital Deduction Trust and Credit Shelter Trust
Form 11:250 Living Trust Letter
Form 11:260 Revocable Living Trust Agreement
Form 11:261 QTIP Trust Provisions
Form 11:270 Termination of Trust
Form 11:280 Survivorship Agreement for Community Property
Form 11:290 Insurance Policy Change of Beneficiary Letter
Form 11:300 Mineral Rights Lease Transfer Letter
Form 11:310 Investment Transfer Letter
Form 11:320 IRA Change of Contingent Beneficiary Letter

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