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Index
Cover
Title Page
Copyright Notice
A Helpful Introduction
Special Note to Readers
Acknowledgments
1: The World of Wills
Your Own Nobel Prize
The Probate Process—Step by Step
Do You Really Need a Lawyer?
Keep This in Mind
2: Do You Really Need a Will?
Heirs and Shares
Probate Property vs. Nonprobate Property
Options Your Will Offers You
Keep This in Mind
3: What Is a Will?
Formalities of a Will
Signing Your Own Will at Home
Who May Make a Will?
Wills Made in Another State
What Property Will Pass Under Your Will?
Joint Wills
Where to Keep Your Will
Keep This in Mind
4: How to Cancel or Change Your Will
The Formalities Required for Changing a Will
Changing Your Will (Intentionally or Unintentionally) by Disposing of Your Property
Involuntary Changes in Your Will—When There Isn’t Enough Money to Go Around
How to Revoke Your Will
Reviving a Previously Revoked Will
Keep This in Mind
5: Common Will Provisions
A Question of Words, and the Use of “Boilerplate” Language
Some Common but Necessary Will Provisions
Understanding the Difference Between Real and Personal Property
Dealing with Oriental Rugs, the Coin Collection, and Heirloom Jewelry
Leaving Something to Charity
Some Final Words About Words
Keep This in Mind
6: Uncommon Will Provisions—Controlling from the Grave
The Requirements of a Conditional Bequest
Some Varieties of Conditional Bequests
Conditions on Burials, Funerals, and Memorials
Defaming from the Grave—Having the Last Bad Word
Noncontest Provision
Keep This in Mind
7: Spouses’ and Children’s Rights to an Estate
Disinheriting a Spouse—With and Without a Will
Rights of Divorced or Separated Spouses Under a Will
Premarital (and Postmarital) Agreements—and Wills
Children’s Rights Under a Will
Special Family Allowances
Keep This in Mind
8: Estate Management
Who Pays the Debts and Expenses of the Estate—and When?
Investing Estate Assets
Accounting to the Court and to the Beneficiaries
When You Can Get Your Share
Quick Settlement Procedures for Certain Estates
Keep This in Mind
9: Personal Representatives
Who Can or Should Be Your Personal Representative?
Powers of the Personal Representative
Fees of the Personal Representative
Removing a Personal Representative
Keep This in Mind
10: Will Contests, Lost Wills, and Beneficiaries’ Rights
Who May Contest Your Will
Grounds for a Contest
How to Contest a Will
Costs and Delays of a Will Contest
How to Prevent a Contest
Probating a Lost Will
Keep This in Mind
11: Avoiding Probate and Wills Altogether
Avoiding Probate Through Joint Ownership and Other Do-It-Yourself Methods
Out-of-State Property—Double Your Probate, Double Your Legal Fees
Avoiding Probate with a Durable Power of Attorney
Why You’ll Still Need a Will
Keep This in Mind
12: Everything You Need to Know About Trusts
The Basics of Trusts—A Working Overview
Coordinating Your Plan—Putting Your Trust to Work
Trusts for the “Family”
Asset Protection Trusts
Offshore Asset Protection Trusts
Spousal Lifetime Access Trust (SLAT)
Decanting Trusts
Special Purpose Trusts
Keep This in Mind
13: Probate, Trusts, and Taxes
Probate vs. Taxes
A Word About Our Tax System
What Is Included in Your Estate?
Taxable Value
Trusts and Income Taxes
Trust Tax Reporting Requirements and Tax Rates
What a Trust Beneficiary Needs to Know
The Federal Gift Tax
The Federal Estate Tax
The Generation-Skipping Transfer Tax
Tax-Oriented Trusts
Tax-Oriented Family Trusts
Keep This in Mind
14: Dealing with Lawyers
Hiring an Estate-Planning Lawyer
Hiring an Estate-Settlement Lawyer
Lawyers’ Fees—Planning Estates
Lawyers’ Fees—Settling Estates
Firing an Estate Lawyer
Keep This in Mind
Notes
Note 1
Notes 12
Note 13
Appendix: Personal Representative’s Checklist
Glossary
Index
About the Authors
Newsletter Sign-up
Contents
Copyright
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