Basic Wills, Trusts and Estates for Paralegals

A leading text in its field, Basic Wills, Trusts, and Estates for Paralegals focuses on a paralegal's role in practice. Introductions, explanations, instructions, and study aids ensure that students learn and remember concepts and skills that will prove essential to their work as paralegals. Designed with the paralegal in mind, A straightforward introduction that provides a student-friendly orientation to the subject, Complete, succinct coverage of key topics, A review of the sources of property law, trusts, and taxes, A helpful guide to drafting wills and trusts documents, Step-by-step instruction for completing the entire federal estate tax return, State-by-state analysis of trust and estate law, Four client examples used throughout the text that provide an accessible structure and illustrate the intricacies of estate planning, Chapter overviews, key terms, review questions, sample clauses, edited cases, chapter summaries, and end-of-chapter exercises, Latest sample forms in the Appendix, A Timely Seventh Edition, The impact of Obergefell v. Hodges on wills and trusts, Changes to WTE tax law, The legal status of children born after the death of one or both parents (because their parents' eggs, sperm, or fertilized eggs were frozen), Disclaimer trusts, asset protection trusts, qualified personal residence trusts, and dynasty trusts, Mediation as an alternative to probate court, The Surface Transportation and Veterans Health Care Choice Improvement Act of 2015, Introduction of new self-test quizzes at the end of each chapter

1126353928
Basic Wills, Trusts and Estates for Paralegals

A leading text in its field, Basic Wills, Trusts, and Estates for Paralegals focuses on a paralegal's role in practice. Introductions, explanations, instructions, and study aids ensure that students learn and remember concepts and skills that will prove essential to their work as paralegals. Designed with the paralegal in mind, A straightforward introduction that provides a student-friendly orientation to the subject, Complete, succinct coverage of key topics, A review of the sources of property law, trusts, and taxes, A helpful guide to drafting wills and trusts documents, Step-by-step instruction for completing the entire federal estate tax return, State-by-state analysis of trust and estate law, Four client examples used throughout the text that provide an accessible structure and illustrate the intricacies of estate planning, Chapter overviews, key terms, review questions, sample clauses, edited cases, chapter summaries, and end-of-chapter exercises, Latest sample forms in the Appendix, A Timely Seventh Edition, The impact of Obergefell v. Hodges on wills and trusts, Changes to WTE tax law, The legal status of children born after the death of one or both parents (because their parents' eggs, sperm, or fertilized eggs were frozen), Disclaimer trusts, asset protection trusts, qualified personal residence trusts, and dynasty trusts, Mediation as an alternative to probate court, The Surface Transportation and Veterans Health Care Choice Improvement Act of 2015, Introduction of new self-test quizzes at the end of each chapter

188.95 In Stock
Basic Wills, Trusts and Estates for Paralegals

Basic Wills, Trusts and Estates for Paralegals

by Jeffrey A. Helewitz
Basic Wills, Trusts and Estates for Paralegals

Basic Wills, Trusts and Estates for Paralegals

by Jeffrey A. Helewitz

Paperback(Older Edition)

$188.95 
  • SHIP THIS ITEM
    In stock. Ships in 6-10 days.
  • PICK UP IN STORE

    Your local store may have stock of this item.

Related collections and offers


Overview

A leading text in its field, Basic Wills, Trusts, and Estates for Paralegals focuses on a paralegal's role in practice. Introductions, explanations, instructions, and study aids ensure that students learn and remember concepts and skills that will prove essential to their work as paralegals. Designed with the paralegal in mind, A straightforward introduction that provides a student-friendly orientation to the subject, Complete, succinct coverage of key topics, A review of the sources of property law, trusts, and taxes, A helpful guide to drafting wills and trusts documents, Step-by-step instruction for completing the entire federal estate tax return, State-by-state analysis of trust and estate law, Four client examples used throughout the text that provide an accessible structure and illustrate the intricacies of estate planning, Chapter overviews, key terms, review questions, sample clauses, edited cases, chapter summaries, and end-of-chapter exercises, Latest sample forms in the Appendix, A Timely Seventh Edition, The impact of Obergefell v. Hodges on wills and trusts, Changes to WTE tax law, The legal status of children born after the death of one or both parents (because their parents' eggs, sperm, or fertilized eggs were frozen), Disclaimer trusts, asset protection trusts, qualified personal residence trusts, and dynasty trusts, Mediation as an alternative to probate court, The Surface Transportation and Veterans Health Care Choice Improvement Act of 2015, Introduction of new self-test quizzes at the end of each chapter


Product Details

ISBN-13: 9781454873440
Publisher: Wolters Kluwer Law & Business
Publication date: 09/16/2016
Series: Aspen College Series
Edition description: Older Edition
Pages: 576
Product dimensions: 7.00(w) x 9.90(h) x 1.30(d)

Table of Contents

Preface xix

Acknowledgments xxi

Introduction xxiii

Instructor Resources xxv

Chapter 1 General Overview of Estate Planning and Estate Administration 1

Learning Objectives 1

Chapter Overview 2

Estate Planning 2

Estate Planning Strategies 5

Gifts 5

Title Transfers 6

Trusts 6

Life Insurance 7

Wills 8

How to Make an Effective Estate Plan 9

Situational Analysis 10

Estate Administration 13

Situational Analysis 16

Chapter Summary 17

Key Terms 18

Case Studies 20

Exercises 21

Analytical Problem 21

Quick Quiz 22

ABA Model Rules of Professional Conduct 22

Chapter 2 Sources of Property 23

Learning Objectives 23

Chapter Overview 23

Types of Property 24

Real Property 24

Concurrent Ownership 27

Tenancy in Common 27

Joint Tenancy 27

Tenancy by the Entirety 29

Community Property 30

Tenancy in Partnership 31

Life Estates 31

Leaseholds 33

Other Interests in Real Property 34

Mortgage 34

Easements 35

Liens 35

Elective Share 36

Personal Property 37

General Tangibles 37

Intangibles 38

General Intangibles 38

Intellectual Property 41

Claims and Benefits 42

Situational Analysis 45

Chapter Summary 46

Key Terms 47

Case Studies 47

Exercises 50

Analytical Problem 50

Quick Quiz 51

ABA Model Rules of Professional Conduct 51

Chapter 3 The Laws of Succession 53

Learning Objectives 53

Chapter Overview 53

Intestate Succession Defined 54

How Intestate Succession Works 55

Situational Analysis 58

Intestate Administration 59

The Effect of the Laws of Succession 62

Situational Analysis 63

Chapter Summary 63

Key Terms 64

Case Studies 65

Exercises 66

Analytical Problem 67

Quick Quiz 67

ABA Model Rules of Professional Conduct 67

Chapter 4 Trusts 69

Learning Objectives 69

Chapter Overview 69

Trust Requirements 72

A Trustor 72

Trust Property 73

A Valid Trust Purpose 75

A Trustee 76

A Beneficiary 82

Types of Trusts 85

Express Trusts 85

Implied Trusts 87

Special Situation Trusts 89

Spendthrift Trust 89

Short-Term Trusts 90

Supplemental Needs Trusts 90

Totten Trusts 90

Marital Deduction Trusts 91

Spousal Lifetime Access Trust 92

Disclaimer Trust 92

Life Insurance Trusts 92

Asset Protection Trust 93

Qualified Personal Residence Trust 93

Dynasty Trust 93

Creation of the Trust 93

Inter Vivos Trusts 93

Testamentary Trusts 94

Restrictions on Trusts 95

Statute of Uses 95

Rule Against Perpetuities 96

Investments and Roles of the Parties 98

Restrictions on Trust Purpose 98

Termination of Trusts 100

Tax Considerations 102

General 102

Short-Term Trusts 103

Generation Skipping Transfers 104

Drafting a Trust 105

Situational Analysis 110

Chapter Summary 111

Key Terms 113

Case Studies 115

Exercises 117

Analytical Problem 117

Quick Quiz 118

ABA Model Rules of Professional Conduct 118

Chapter 5 Wills 119

Learning Objectives 119

Chapter Overview 119

Testamentary Capacity 119

Age 120

Mental Ability 120

Intent 121

Fraud 122

Menace 123

Undue Influence 123

Temporary Incapacity 124

Will Provisions 124

Surviving Spouse 125

Antenuptial Agreements 125

Omitted Children 125

Advancements 126

Charitable Gifts 126

Ademption 127

Lapsed Gifts 127

Abatement 127

Drafting a Will 128

Preparation 128

Clauses 130

Executing a Will 130

Witnesses 140

Execution 140

Self-Proving Wills 141

Miscellaneous Instruments 143

Nuncupative Wills 143

Holographic Wills 143

Statutory Wills 143

Living Wills 144

Power of Attorney 144

Changing the Will 145

Amendment Through Codicils 146

Amendment Through Operation of Law 146

Revocation 147

Will Contests 147

Sample Will and Accompanying Documents 151

Situational Analysis 158

Chapter Summary 159

Key Terms 160

Case Studies 161

Exercises 163

Analytical Problem 163

Quick Quiz 163

ABA Model Rules of Professional Conduct 164

Chapter 6 Estate Planning for the Elderly 165

Learning Objectives 165

Chapter Overview 165

Health Care and the Elderly 166

Medicare 166

Medicaid 169

Related Health Care Documents 171

Guardianship 172

Income Maintenance 175

Social Security 176

Supplemental Security Income 177

Veterans' Benefits 177

Private Pension Plans 178

Plans Funded by the Individual 178

Plans Funded by the Individual's Employer 179

Ethical Concerns 179

Situational Analysis 180

Chapter Summary 181

Key Terms 182

Case Studies 183

Exercises 184

Analytical Problem 185

Quick Quiz 185

ABA Model Rules of Professional Conduct 185

Social Security Form 186

Chapter 7 Estate Administration 197

Learning Objectives 197

Chapter Overview 197

The Pre-Probate Process 198

Death Certificate 199

Exhibit 1 Death Certificate 200

Petition to Open Safe Deposit Box 201

Exhibit 2 Petition to Open Safe Deposit Box 202

Petition to Search 203

Exhibit 3 Petition to Search 204

Petition for Guardian ad Litem 205

Petition for Family Allowance 205

Petition for Interim (Preliminary, Temporary) Letters 205

Probate Administration 206

Exhibit 4 Informal Proceeding Forms 207

Petition for Letters of Administration 210

Exhibit 5 Petition for Letters of Administration 211

Petition for Letters Testamentary 215

Exhibit 6 Petition for Letters Testamentary 216

Notice and Waivers of Notice 218

Exhibit 7 Notices and Waivers 219

Probate Hearing 226

Letters 227

Exhibit 8 Order and Letters 228

Estate Administration 230

Exhibit 9 Final Accounting 233

Chapter Summary 236

Key Terms 237

Case Studies 238

Exercises 239

Analytical Problem 240

Quick Quiz 240

ABA Model Rules of Professional Conduct 240

Chapter 8 Taxation 245

Learning Objectives 245

Chapter Overview 245

Federal Tax Law 248

Federal Tax Forms 249

SS-4: Application for Employer I.D. Number 249

Form 706-United States Estate and Generation Skipping Transfer Tax Return 249

Form 706 Schedules Relating to Assets 251

Schedule A Real Estate 251

Schedule B Stocks and Bonds 252

Schedule C Mortgages, Notes, and Cash 254

Schedule D Insurance on Decedent's Life 255

Schedule E Jointly Held Property 256

Schedule F Other Miscellaneous Property 257

Schedule G Transfers During Decedent's Life 257

Schedule H Powers of Appointment 257

Schedule I Annuities 258

Form 706 Schedules Relating to Deductions 258

Schedule J Funeral and Administrative Expenses 258

Schedule K Debts of the Decedent 259

Schedule L Net Losses During Administration 259

Schedule M Bequests to Surviving Spouse 259

Schedule N Qualified ESOP Sales 260

Schedule O Charitable, Public, and Similar Gifts and Bequests 260

Form 706 Schedules Relating to Credits 260

Schedule P Credit for Foreign Taxes Paid 260

Schedule Q Credit for Tax on Prior Transfer 260

Schedule R Generation Skipping Transfer 261

Schedule S Excess Retirement Accumulations 261

Schedule U Qualified Conservation Easement Exclusion 261

Form 1041 - Fiduciary Income Tax Return 262

Form 1040 - U.S. Individual Income Tax Return 262

Situational Analysis 262

Chapter Summary 263

Key Terms 264

Case Studies 265

Exercises 267

Analytical Problem 268

Quick Quiz 269

ABA Model Rules of Professional Conduct 269

Chapter 9 Comparison of Estate Law in the Different Jurisdictions 271

Chapter Overview 271

Chapter Summary 323

Exercises 323

Appendix A Forms 325

Appendix B Answers to the Quick Quizzes 517

Glossary 521

Index 531

From the B&N Reads Blog

Customer Reviews