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Index
Cover
Table of Contents
Introduction
About This Book
Conventions Used in This Book
What You’re Not to Read
Foolish Assumptions
How This Book Is Organized
Icons Used in This Book
Beyond the Book
Where to Go from Here
Part 1: Getting Started with Estate and Trust Administration
Chapter 1: Operating in a Fiduciary World
Identifying the Players
Estate of Change: Delving into Estates
Operating a Trust
Paying Uncle Sam
Chapter 2: Exploring the Ins and Outs of Estates
Defining the Estate for Probate Administration Purposes
Will Power: Understanding How a Will (Or No Will) Affects an Estate
Taking a Look at Who Can Inherit
Defining the Estate for Tax Purposes
Chapter 3: Identifying Different Types of Trusts
Differentiating for Income Taxes: Grantor versus Non-Grantor Trusts
Creating Trusts during Lifetime and after Death
Grasping Revocable Trusts
Understanding Irrevocable Trusts
Exploring Charitable Trusts
Owning Subchapter S Shares in Trust
Chapter 4: Assembling Your Team Members and Knowing When to Use Them
Finding What You Need to Go It Alone
Finding an Attorney
Hiring a Tax Professional
Considering Help from Other Pros
Recognizing Malpractice
Part 2: Administering an Estate
Chapter 5: Taking the First Steps after Death
Addressing the Immediate Concerns When Someone Dies
Arranging the Funeral
Understanding How Death Changes Everything about the Decedent’s Assets
Locating the Estate-Planning Documents
Notifying Those Who Need to Be Notified
Creating Calendars and Files
Chapter 6: Navigating the Probate Process
Filing the Last Will with the Probate (Or Equivalent) Court
Figuring Out Whether Administration Is Necessary
Deciding What Shape Your Probate Procedure Should Take
Taking Important First Steps after Your Appointment
Eyeing the Surviving Spouse’s Rights and Decisions Regarding Property
Chapter 7: Marshalling and Liquidating Assets
Understanding Why You Need to Determine What the Decedent Owned
Observing the Obvious: Big-Ticket Items
Tracking Down All the Other Assets
Listing Personal and Household Effects
Appraising the Property
Contacting the Employer about Employee Benefits
Locating and Collecting Insurance Proceeds
Ascertaining Any Other Death Benefits
Preparing and Filing the Probate Inventory
Liquidating Assets
Chapter 8: Paying the Debts, Expenses, Bequests, and Devises from the Estate
Determining and Paying Debts of the Decedent and Administration Expenses
Informing Potential Beneficiaries of Their Right to Consider Disclaimer
Segregating and Distributing Specific Property
Dividing Other Personal Property Equitably
Slicing Up the Residue
Chapter 9: Closing the Estate
Obtaining Tax Closing Letters
Acquiring Releases of Lien for Real Estate
Paying Final Administration Expenses
Making Final Distributions to Residuary Beneficiaries
Preparing and Filing Final Estate Income Tax Returns
Readying Accounts for Allowance by the Probate Court
Part 3: Operating a Revocable or Irrevocable Trust
Chapter 10: Understanding the Trustee’s Duties
Getting Acquainted with the Trust Instrument
Empowering the Trustee
Coloring Inside the Lines: Understanding Fiduciary Duty and Limitations
Protecting the Trust’s Assets
Preparing and Filing Annual Income Tax Returns and Accounts
Chapter 11: Funding the Trust
Putting Assets in Trust during Life
Signing It Over: Giving the Trust Asset Ownership
Rolling Property into Trust after Death
Chapter 12: Investing the Trust’s Assets and Paying Its Expenses
Appreciating the Importance of Income and Principal in Trust Administration
Using Investment Advisors Effectively
Holding and Diversifying Assets
Going Green in a Trust
Looking to the Beneficiaries’ Needs
Paying the Trust’s Expenses
Chapter 13: Paying Trust Beneficiaries
Notifying Beneficiaries of the Trust
Determining Scheduled Distributions
Distributing When the Beneficiary Reaches a Specific Age
When Beneficiaries Request More Money: Paying Out Extra Distributions
Making the Decision to Distribute Discretionally: Eyeing the Trust’s Terms
Chapter 14: Creating and Keeping Trust Records
Creating a Filing System
Preparing an Initial Inventory and Valuing the Assets
Compiling Records of All Transactions
Producing Annual Trust Accounts
Chapter 15: Terminating the Trust
Distributing All Assets According to the Trust Instrument
Submitting the Final Income Tax Returns
Preparing Final Accounting and Obtaining Assents of All Remaindermen
Dealing with Outliers after the Trust Terminates
Part 4: Paying the Taxes
Chapter 16: Preparing the Estate Tax Return, Part 1
Figuring Out Which Estates Must File
Obtaining a Release from Personal Liability
Understanding Some of the Nitty-Gritty Rules for Filing Form 706
Completing the Form 706, Pages 1–4
Being Ready for and Handling an Audit
Getting an Estate Tax Closing Letter
Chapter 17: Preparing the Estate Tax Return, Part 2
Tackling the Most Common Schedules
Knowing When to Ask for Help
Chapter 18: Filing Income Tax Returns for a Decedent, Estate, or Trust
Before You Begin: What You Need to Do
Calculating the Income
Deducing Deductions
Answering the Questions on the Back of Page 2 (Form 1041)
Chapter 19: Weighing Income Tax Implications
Timing Payments In and Out of an Estate
Investing to Minimize Income Taxes
Introducing the Unearned Income Medicare Contribution (UIMC) Tax
Chapter 20: Reporting Tax Info on Schedule K-1
Understanding Schedule K-1
Allocating Types of Income on the K-1
Preparing Supplements to Schedule K-1
Creating Nominee Form 1099s
Part 5: The Part of Tens
Chapter 21: Ten Pitfalls for the Unwary
Failing to Terminate an Existing Real Estate Purchase and Sale Agreement
Taking a Lump Sum Distribution from a Pension Plan, IRA, or Deferred Compensation Plan
Creating a Feeding Frenzy When Splitting Personal Property
Missing Court Deadlines
Forgetting Tax Filing Deadlines
Failing to Communicate with the Heirs and Legatees
Exercising Poor Fiduciary Judgment
Underestimating the Devotion Required
Taking Nonsanctioned Shortcuts
Paying from the Wrong Pocket
Chapter 22: Ten Types of Taxes You May Have to Pay
Federal Gift Tax
Federal Estate Tax
Generation-Skipping Transfer Tax
State Inheritance or Estate Tax
Estate and Trust Income Taxes (Federal and State)
Decedent’s Final Federal and State Income Taxes
Local Income Taxes
Local Real Estate Taxes
State Intangibles Taxes
Excise Taxes
Appendix A: Glossary
Appendix B: State-by-State Rules of Intestacy and Estate or Inheritance Tax
Index
About the Authors
Connect with Dummies
End User License Agreement
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