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List of Forms
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Table of Contents
-
1 — Introduction - 2 — The Big Three
- 3 — Preengagement
- 4 — Consultation
- [4.1] Engagement Letter
- [4.2] Identify Your Client
- [4.3] Conflicted Clients
- [4.4] In Over Your Head
- [4.5] Client with Predictable Incapacity
- [4.6] Client Education
- [4.7] Forensic Estate Planning
- [4.8] Estate Terrorists
- [4.9] Family Dynamics and Personality Disorders
- [4.10] Ownership
- [4.11] Ripening Problems
- [4.12] Aiding and Abetting the Unauthorized Practice of Law
- [4.13] Aiding and Abetting Fraud
- [4.14] Circular 230 and Code §§6692 and 6694
- 5 — Analysis
- [5.1] Accuracy and Completeness of Data
- [5.2] Noncitizen Spouse
- [5.3] Dissolution of Marriage
- [5.4] Previous Marriage
- [5.5] Premarital Agreements
- [5.6] Civil Unions and Same-Sex Marriages
- [5.7] Children: Deceased, Disabled, Adopted, or Otherwise
- [5.8] Future Gift or Inheritance
- [5.9] Other Trust Interests
- [5.10] Powers of Appointment
- [5.11] Past Inheritance Subject to Estate Tax
- [5.12] Past Taxable Gifts
- [5.13] Federal Estate Tax Exemption Portability
- [5.14] State and Federal Death Tax Exemptions
- [5.15] Pledges or Other Obligations
- [5.16] Restrictive Agreements
- [5.17] Restricted Property
- [5.18] Community Property
- [5.19] Special Family Considerations
- [5.20] Coowned Property
- [5.21] Land Trusts, Partnerships, and LLCs
- [5.22] POD, Totten Trust, and TOD
- [5.23] Beneficiary Designations
- [5.24] Nonlegal Will Substitutes
- [5.25] Retirement Equity Act of 1984
- [5.26] Roth IRAs
- [5.27] Disclaimer Analysis of Life Insurance, Pension, or IRA
- [5.28] S Corporation Status
- [5.29] Foreign Property
- [5.30] Foreign Trusts
- [5.31] Charitable Gifts
- 6 — Documents
- [6.1] Documents
- [6.2] Drafting Memorandum to File
- [6.3] Drafting System
- [6.4] Restating Documents
- [6.5] Label All Articles and Paragraphs
- [6.6] Agenda
- [6.7] Can’t Beat the Estate Administrator’s Street Smarts
- Will
- [6.8] Tax and Expense Clause
- [6.9] Abatement, Ademption, and Lapse
- [6.10] Drafting for a Gift of Specific Property
- [6.11] Tangible Personal Property Disposition
- [6.12] The Heir Error: Per Stirpes Who?
- [6.13] Antilapse
- [6.14] In Terrorem Clause and Marital and Charitable Deductions
- [6.15] Disclaimer Provision — Executor
- [6.16] Disclaimer Provision — Guardian
- Living Trust
- [6.17] The Lifetime Disability Distribution Provision
- [6.18] Tax and Expense Clause
- [6.19] Estate Claims Paid by Trust
- [6.20] Marital Formula Choice
- [6.21] Decoupled Federal and State Estate Taxation
- [6.22] Funding a Pecuniary Gift with Income in Respect of a Decedent
- [6.23] Drafting Separate Provisions for Disclaimer and Release Purposes
- [6.24] Five-and-Five Power
- [6.25] Limited Powers of Appointment
- [6.26] Small Trust Termination
- [6.27] Discharging an Obligation of Support and Ascertainable Standards
- [6.28] Distribution Standards
- [6.29] Good-Faith Hold Harmless Provision
- [6.30] Trustee Power over Life Insurance on Trustee’s Life
- [6.31] Lifetime Gifting Provision or Coordination with Gifting Provision in Financial Power of Attorney
- [6.32] Savings Clauses
- [6.33] In Terrorem, No-Contest, or Forfeiture Provisions
- [6.34] Exculpatory Clauses
- [6.35] HIPAA
- [6.36] Retirement Account Beneficiary Designations
- Financial Power of Attorney
- [6.37] Community Standard
- [6.38] Potential for Abuse
- [6.39] Revocation of Powers of Attorney for Property
- [6.40] Agent’s Power
- [6.41] Gifting Power Authorization
- [6.42] Limit Gifts Within Gift Tax Exclusion
- [6.43] Agent’s Fiduciary Status and Presumption of Fraud
- [6.44] Power To Transfer Assets to Trust
- [6.45] Spousal Pension Rights and Extended Retirement Account Empowerment
- [6.46] Medicaid Planning
- [6.47] Living Trust Authorization in Power of Attorney
- [6.48] Multistate Execution Formalities
- Healthcare Power of Attorney
- [6.49] Community Standard
- [6.50] Revocation of Powers of Attorney for Healthcare
- [6.51] Multistate Execution Formalities
- [6.52] HIPAA
- Living Will
- [6.53] Still a Valid Consideration
- [6.54] Sustenance
- Other
- [6.55] Do Not Resuscitate
- [6.56] Disposition of Human Remains
- [6.57] Mental Health Treatment
- [6.58] Organ Donations and Anatomical Gifts
- [6.59] Short-Term Guardianship for Minor Child
- [6.60] Healthcare Agency for Minor Child
- Execution
- [6.61] Strategic Handling of the Documents’ Execution Facts
- [6.62] Testamentary Capacity
- 7 — Implementation
- [7.1] Need for Division and Transfer of Assets
- [7.2] No Extended Tax Planning
- [7.3] No Medicaid Planning
- [7.4] Risk Management and Asset Protection Planning
- [7.5] Professional Stock Transfer
- [7.6] Business Interest
- [7.7] 1244 Stock
- [7.8] Title of IRA — Beneficiary Change Only
- [7.9] Retirement Equity Act of 1984 and Spousal Consent
- [7.10] Installment Sale Trap
- [7.11] Joint Real Estate Title Existing Before 1977
- [7.12] Maintaining the Principal Residence Gain on Sale Exclusion
- [7.13] Homestead Exemption
- [7.14] Out-of-State Real Estate Transfers
- [7.15] Insurances
- [7.16] Annuities
- [7.17] Gifts of Partial Land Trust Interests
- [7.18] Annual Exclusion Gifts by Check
- [7.19] Annual Exclusion Gifts of Stock
- [7.20] UTMA Custodian
- [7.21] Pension Plans
- [7.22] Trust as Retirement Account Beneficiary
- [7.23] Safe-Deposit Box
- [7.24] Storage Locker
- 8 — Termination
- 9 — Conclusion
- 10 — Appendix
- List of Forms
Authors
- Timothy S. Midura
Timothy S. Midura
Timothy S. Midura is an attorney at Huck Bouma PC in Wheaton, where he focuses on estate planning and administration. He is also a certified public accountant. In addition to his J.D., he has an LL.M. in taxation and an undergraduate degree in accountancy and finance.
Everyday Mistakes in Estate Planning (ARCHIVED 2012 QUICKGUIDE)
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