Wills Trusts and Estate Administration for the Paralegal or Landscape Estimating and Contract Administration

Wills, Trusts, and Estate Administration for the Paralegal

Author: Dennis R Hower

"Wills, Trusts and Administration, 5th Edition," is an excellent resource for anyone interested in this area of law. Written primarily for legal students in universities, colleges, community colleges, business schools, and technical training programs, this updated fifth edition is also useful for bank trust officers and individuals appointed to administer an estate.

Booknews

This text explains the everyday duties of paralegals in the areas of wills, trusts, and estate administration. It identifies the duties that a paralegal can perform under the supervision of an attorney when drafting a will or trust or assisting with the administration of a decedent's estate, and reviews related terminology and general principles. There are step-by-step instructions on various procedures, illustrated by sample drafts and executed forms. Current federal and state tax information and tax forms are also discussed. Learning features include cases, assignments, ethical discussions, and review questions. The text is written for paralegals but can be used by others, such as trust officers and personal representatives appointed to administer the estate of a deceased person. This fifth edition contains a new unit on long-term care and the need for insurance. Annotation c. Book News, Inc., Portland, OR (booknews.com)

Table of Contents:

	Preface	xv
Chapter 1	The Purpose and Need for a Will	1
	An Introduction to Wills	2
	Statutory Requirements for a Will	2
	Basic Terminology Related to Wills	3
	The Purpose of Wills	5
	Funeral and Burial Plans and the Letter of Instructions	7
	Apportionment for Death Taxes	12
	Property Distributions	12
	Provisions for Family Members	13
	Appointment of Fiduciaries: Guardians and Conservators	14
	Creation of Testamentary Trusts	16
	Selection of Personal Representative	18
	Will Substitutes	19
	Checklist to Determine the Need for a Will	20
	Basic Requirements for a Legal Will--A Review	21
	The Need for a Will--A Conclusion	21
Chapter 2	The Concept of Property Related to Wills, Trusts, and Estate Administration	24
	Property: Terminology and Classification	25
	Real Property	25
	Personal Property	28
	Probate Property or Probate Estate	30
	Nonprobate Property or Nonprobate Assets	31
	Statutes that Govern the Passage of Property	32
	Forms of Property Ownership	32
	Tenancy in Severalty--Ownership by One Person	34
	Forms of Concurrent Ownership--Ownership by Two or More Persons	34
	Estates in Real Property	56
	Freehold Estates	57
	Leasehold Estates	66
Chapter 3	The Participants and the Proper Court	69
	The Participants	70
	The Personal Representative	70
	The Attorney	75
	The Paralegal or Legal Assistant	77
	The Probate Court	78
	The Registrar	79
	The Clerk or Court Administrator	80
	Terminology Related to Probate Court Proceedings	81
	Probate	81
	Jurisdiction	81
	Domicile	82
	Venue	84
	Ancillary Administration or Ancillary Probate Administration	85
Chapter 4	The Law of Succession: Death Testate or Intestate	89
	Death with a Will--Testacy	90
	Terminology Related to Wills	90
	Types of Dispositions--Gifts Made in a Will	97
	Use of Testate Terminology	102
	The Facts	102
	Death without a Will--Intestacy	106
	Terminology Related to Intestacy	106
	Intestate Succession Laws	109
	Rights of Family Members to a Decedent's Estate	117
	Rights of a Surviving Spouse	117
	Effect of Divorce and Marriage on a Spouse's Rights	122
	Other Spouses' Rights Before or After Marriage	123
	Rights of Children (Issue)	125
	Additional Rights or Protection for a Surviving Spouse and Children	129
	Use of Intestate Terminology	134
	The Facts	134
	Advantages and Disadvantages of a Will	137
	Advantages of a Will	137
	Disadvantages of a Will	138
Chapter 5	Wills: Validity Requirements, Modification, Revocation, and Contests	141
	Requirements for the Creation of a Valid Will	142
	Intent of the Testator	143
	Capacity of the Testator	143
	Formal Requirements of a Will	145
	Modification of a Will--Codicil v. New Will	154
	Revocation and Rejection of a Will	156
	Revocation by Physical Act	156
	Revocation by Operation of Law	159
	Revocation by Subsequent Writing	160
	Will Contests	161
	Who Can Contest a Will	161
	Grounds for Contesting a Will	162
	In Terrorem or "No Contest" Clause--A Forfeiture Clause	166
Chapter 6	Preparation to Draft A Will: Checklists and the Conference with the Client	169
	The Conference with the Client: Initial Interview, Checklists, and Other Matters	170
	Initial Interview	171
	Use of Checklists to Obtain Basic Data	172
	Preliminary Tax Advice and Other Matters	186
	Spouse's Right of Election--A Review	187
	Guidelines for Preparation of a Will	189
Guideline 1	Avoid the Use of Preprinted Will Forms	189
Guideline 2	Use the Same Word-Processing Software and Computer Printer Typeface	193
Guideline 3	Use Words That Avoid Ambiguity	194
Guideline 4	Use Simple Language	194
Guideline 5	Place Small Estates in Joint Tenancy	194
Guideline 6	Sign the Will According to State Statutes, but Do Not Sign Copies	194
Guideline 7	Include a Residuary Clause	195
Guideline 8	Choose Witnesses Carefully	195
Guideline 9	Tell Witnesses What Might Be Expected of Them	195
Guideline 10	Do Not Make Additions after Execution	195
Guideline 11	Use Computer Technology for All Changes	195
Guideline 12	Avoid Erasures and Corrections	196
Guideline 13	Word Conditions to Avoid Ambiguity	196
Guideline 14	Include Full Data on Beneficiaries and Devisees	198
Guideline 15	Give the Client a Rough Draft	198
Chapter 7	Final Draft and Execution of A Valid Will	200
	Contents of a Standard Will	201
1.	Introductory or Exordium and Publication Clause	202
2.	General Revocation Clause	203
3.	Provision for Payment of Debts and Funeral Expenses	203
4.	Instructions for Funeral and Burial	204
5.	Specific Testamentary Gifts	207
6.	Provision for Residue of Estate	211
7.	Appointment of Personal Representative	212
8.	Appointment of Personal and/or Property Guardian	214
9.	Simultaneous Death Clause	216
10.	Testamentary Trust Clause	217
11.	Testimonium Clause	218
12.	Testator's Signature	219
13.	Attestation Clause of Witnesses	220
14.	Witnesses' Signatures and Addresses	220
	Sample Preliminary Will	221
	Additional Nontestamentary Documents	224
1.	Self-Proving Affidavit Clause That Creates a Self-Proved Will	224
2.	Letter of Instructions	228
3.	Power of Attorney	228
4.	Right to Die Laws and Related Advance (Medical) Directive Documents	228
	Where to Keep the Will	240
Chapter 8	Introduction to Trusts	244
	Terminology Related to Trusts	245
	Use of Trust Terminology	247
	The Essential Elements of a Trust	250
	The Settlor: The Creator of the Trust	251
	The Trustee: The Fiduciary and Administrator of the Trust	253
	The Beneficiary: The Recipient of the Trust Property or Benefits	267
	Trust Property	270
	Termination of Trusts	272
Chapter 9	Classification of Trusts, the Living Trust, and Other Special Trusts	275
	Classification of Trusts	276
	Express Trusts--Private versus Public (Charitable)	276
	Express Trusts--Active versus Passive	280
	Express Trusts--Inter Vivos (Living) versus Testamentary	281
	Implied Trusts--Resulting and Constructive	283
	Miscellaneous Trusts	287
	The Purposes of Trusts	290
	Legal Restrictions	291
	Informal and Incomplete Creation of a Trust	293
	Failure to Make Intentions Clear	294
	Failure to Name or Identify the Beneficiary	295
	Failure to Name a Trustee or a Successor Trustee	295
	Living (Inter Vivos) Trusts	296
	Revocable Living Trusts	297
	Transfer of Trust Property to a Living Trust	298
	Advantages of a Revocable Living Trust as a Substitute for a Will	303
	Disadvantages of a Revocable Living Trust	305
	Pour-Over Wills	305
	Irrevocable Living Trusts	307
	Drafting an Irrevocable Living Trust	309
	The Facts	309
	Using a Checklist	310
Chapter 10	Estate Planning and Long-Term Care	317
	The Estate Plan	318
	Periodic Review	321
	Documents Used to Create the Estate Plan	322
	Wills	322
	Trusts	322
	Estate Tax-Saving Devices That Increase Deductions from the Gross Estate	323
	The Marital Deduction	323
	The Charitable Deduction	324
	Estate Tax-Saving Devices That Reduce the Gross Estate	327
	Gifts Made During the Donor's Lifetime--The Gift Tax Annual Exclusion	327
	Powers of Appointment	329
	Trusts That Qualify for the Marital Deduction or Avoid Multiple Taxation	330
	Life Insurance	334
	Postmortem Estate Planning	339
	Long-Term Care	341
	History and Development of Long-Term Care	341
	Need for Long-Term Care	342
	Resources Available to Help Pay Long-Term Care Expenses	343
	Need for Long-Term Care Insurance	349
	Long-Term Care Insurance	350
Chapter 11	Personal Representatives: Types, Pre-Probate Duties, and Appointment	359
	Types of Personal Representatives	360
	Introduction to Estate Administration: A Dialogue	363
	Preparation for Probate and Estate Administration--General Overview	378
	Pre-Probate Duties of the Personal Representative and Paralegal	379
	Appointment Procedure--The Beginning	384
	Probating (Proving) the Will or Granting Administration	390
Chapter 12	Probate and Estate Administration	395
	Probate or Estate Administration	396
	Small Estate Settlement and Administration	398
	Forms of Probate or Estate Administration	403
	Commencing Probate and Estate Administration Proceedings	406
	Probate Court Procedure	416
	Procedures Before Estate Distribution	427
	Procedures for Collecting Specific Estate Assets	432
	Distribution of the Estate and Payment of Claims	442
	The Final Account and Closing the Estate	454
	Special Probate Proceedings	457
	Limitations on and Liability of the Personal Representative	459
Chapter 13	Informal Probate Administration	465
	The Choice of Formal or Informal Probate	466
	Priority of Persons Seeking Appointment as Personal Representatives	468
	Application for Informal Probate and Appointment of Personal Representative	468
	Acceptance by the Registrar	471
	Notice Requirements	472
	Notice of Application for Informal Probate	473
	Notice of Application for Informal Appointment	473
	Demand for Notice of Order or Filing	473
	Method and Time for Giving Notice	474
	Duties and Powers of the Personal Representative in Informal Probate	475
	Notification to Devisees or Heirs and Creditors	475
	Payment of Creditors' Claims	476
	Inventory Property	476
	Hold and Manage the Estate	476
	Final Account and Closing the Estate	477
	Step-by-Step Procedures in Informal Probate	479
	Case Study	479
Chapter 14	Tax Considerations in the Administration of Estates	489
	Introduction to Tax Concerns	490
	General Tax Considerations	493
	Unified Credit (Applicable Credit Amount) and Unified Transfer Gift and Estate Tax Rates	493
	Calculating the Federal Estate Tax	496
	The Martial Deduction	498
	Creation of Trusts	499
	Lifetime Gifts	500
	Generation-Skipping Transfers and Their Tax Consequences	504
	Tax Returns	506
	Decedent's Final Income Tax Returns, Federal and State	507
	Fiduciary's Income Tax Returns, Federal and State	509
	Decedent's Gift Tax Returns, Federal and State	512
	Decedent's Estate Tax Returns, Federal and State	512
	State Inheritance Tax Return	525
Chapter 15	Ethical Principles Relevant to Practicing Legal Assistants	529
	Paralegals and Canons of Ethics	530
	Model Code Provisions Relevant to the Attorney-Paralegal Relationship	532
	Model Rules Provisions Relevant to the Attorney-Paralegal Relationship	533
	American Bar Association Committees Dealing with Legal Assistants	533
	Ethical Guidelines and State Action	534
	Professional Standards and Paralegal Associations	534
	Attorney-Client-Paralegal Issues	540
	Unauthorized Practice of Law	541
	Rules Protecting Client Confidences	542
	Appendixes
A	Sample Forms	1
B	Sample Marital Deduction Testamentary Trust	183
C	Uniform Probate Code	188
	Glossary	1
	Index	1

Interesting textbook: The Works or Memo to the President Elect

Landscape Estimating and Contract Administration

Author: Stephen Angley

"Landscape Estimating and Contract Administration" provides descriptions of various stages of a landscape project, from the feasibility study to the expiration of the guarantee period. This comprehensive guide to the landscape business presents an overall view of the process of completing a large landscape project, and helps foster an understanding of how the landscape industry works. Topics include how to create estimates, engaging in the bidding process, how to prepare contracts, how to prepare a budget, and how to utilize financial accounting.

Booknews

This book's purpose is to help students of landscape architecture, contractors, and designers understand how to bid on and budget a landscaping job. Contracts, bidding, and estimating costs for the job are dealt with. The book includes a sample letter of agreement, maintenance schedule, budget work sheet, and profit-and-loss statement. Black-and-white photos show work in progress at job sites. Appendices provide sample paperwork and brief suggestions for further reading. Credentials of the three authors are not stated. Annotation c. Book News, Inc., Portland, OR (booknews.com)