Estate and Trust Planning
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Estate and Trust Planning

Estate and Trust Planning
Product Code: 5430458
Authors: Jeffrey N. Pennell, Alan Newman
Publication Date: July 2005
ISBN: 978-1-59031-566-8
Page Count: 622
Trim Size: 6 x 9 Paperback
Sponsoring Entities: Section of Real Property, Trust and Estate Law
Topics: Estate Planning, Taxation
Format: Book - 5430458
Pricing: $139.95 (Regular)
$129.95 (Section of Real Property, Trust and Estate Law) ABA Members, Log in now to receive this discount!
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About the Book

Understand the substantive rules and policies of the law of wills, trusts, and estates, and how to apply them in practice. This practical guide to the law of donative transfers takes you through the maze of terminology, rules, and policies raised by wealth transfers. It discusses how estate planners use these various tools and leads you through the process of applying them in an estate planning practice.

In clear and concise language, this book covers the essentials of wills, trusts and estates, including: how property passes when a decedent dies without a will; requirements to validly execute a will; grounds for contesting a will; revocation, interpretation, and construction of wills; will substitute property transfers; limits on the freedom of property owners to dispose of property; the creation and operation of trusts; powers of appointment; and future interests as used in wills and trusts. It also covers the Rule Against Perpetuities, duties of fiduciaries who administer estates and trusts, planning for incapacity, ethics for estate planners, wealth transfer taxation, and the income taxation of trusts, estates, grantors, and beneficiaries. In most instances the relevant statutory and common law rules and policies for resolving wealth transfer disputes are addressed, along with the planning implications that these controversies raise. Affirmative planning responses and other planning considerations are also discussed
Summary Table of Contents

Chapter 1. Introduction to Property Transfers at Death
Chapter 2. Intestacy
Chapter 3. Will Execution Formalities and Contest
Chapter 4. Revocation
Chapter 5. Will Contracts
Chapter 6. Will Substitutes
Chapter 7. Interpretation: What the Decedent Intended
Chapter 8. Construction: Lapse and Class Gifts
Chapter 9. Construction: Ademption, Abatement, Accessions, and Exoneration
Chapter 10. Restrictions on Disinheritance: Pretermission, Elective Shares, and Community Property Limits on the Power of Disposition
Chapter 11. Introduction to Trusts
Chapter 12. Trust Creation
Chapter 13. Trust Operation
Chapter 14. Powers of Appointment
Chapter 15. Future Interests
Chapter 16. Planning for Incapacity
Chapter 17. Rule Against Perpetuities
Chapter 18. Fiduciary Administration
Chapter 19. Wealth Transfer Taxation
Chapter 20. Income Taxation of Trusts, Estates, Grantors, and Beneficiaries
Chapter 21. Ethics and Malpractice Issues
Tables - Table of Cases; Table of IRC Sections and Treasury Regulations; Table of Model Rules and Uniform Codes: Table of Restatements of the Law
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