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Drafting the Estate Plan: Law and Forms, with CD (2011)

Drafting the Estate Plan: Law and Forms, with CD (2011)

Author: David A. Handler J.D.; Deborah V. Dunn (Kirkland & Ellis LLP)
Publisher: CCH U.S.
ISBN: 9780808023326
Published In: November 2010
Format: Loose-leaf (2 volumes) + CD-ROM , 2512 pages
Jurisdiction: U.S. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents

Details

Drafting the Estate Plan: Law and Forms does not merely compile the transfer tax and trust laws, it explains how to use or work with and apply those laws to meet client needs. This two-volume resource "takes the next step" by pointing out the pitfalls and opportunities created by each law, rule and case discussed and explains not only how to implement strategies, but also why and when to use them.

In Volume 2 of Drafting the Estate Plan, the authors provide 60 user-friendly forms with detailed annotations that provide practical information and advice regarding the meaning and consequences of the provisions and various alternatives, the purposes of which may not be readily apparent. These forms allow users to convert the knowledge and advice imparted in the explanatory text of Volume 1 into actual practice with great ease. Thus, both the novice as well as the experienced practitioner have the tools they need to practice in the estate planning field. In addition, the forms (with and without annotations) are provided on a free companion CD-ROM that practitioners can immediately put to use in drafting estate plans.

Highlights of the 2011 Edition include:

Addition of a new form — the "RPM Income Trust."
Addition of a new Appendix — Appendix D, Transfer Tax Rules Applicable to Non-U.S. Citizens;
Discussion of the latest cases on the Service’s war on FLP’s using IRC Section 2036;
Coverage of proposed regulations under Section 2032 regarding the use the alternate valuation date;
Inclusion of IRS interim guidance on deductions of investment advisory fees in light of the Supreme Court’s decision in Knight;
Discussion of proposed regulations under Section 642 regarding tax character of distributions to charity; and
GST proposed regulations under Section 2642(g)(1).

VOLUME 1

Chapter 1 Overview of the Transfer Tax System
Chapter 2 The Estate Tax
Chapter 3 The Gift Tax
Chapter 4 Transfer Tax Valuation
Chapter 5 The Generation-Skipping Transfer Tax
Chapter 6 Income Taxation of Trusts And Estates
Chapter 7 Planning for Gifts: Annual Exclusion Gifts
Chapter 8 Planning for the Applicable Credit Amount
Chapter 9 The Marital Deduction
Chapter 10 Post-Mortem Planning: Disclaimers
Chapter 11 Investment-Driven Estate Planning
Chapter 12 Planning for Life Insurance
Chapter 13 Planning for Education and Medical Costs
Chapter 14 Retirement Planning
Chapter 15 Planning for Employer Stock and Stock Options
Chapter 16 Planning for Business Interests
Chapter 17 Family Limited Partnerships and Limited Liability Companies
Chapter 18 Charitable Giving
Chapter 19 Fiduciary Liability and Ethical Issues
Appendix A Summary of Estate, Gift and GST Tax Changes Under EGTRRA
Appendix B Qualified Subchapter S Trust Election Under Section 1361(D)(2)
Appendix C Trustee Election for Electing Small Business Trust Under Section 1361(E)(3)
Table of Internal Revenue Code Sections
Table of Treasury Regulations
Table of Revenue Rulings, Procedures, Notices, Letter Rulings, and Other Rulings
Table of Cases
Index

VOLUME 2

Form 1 Pour-Over Will of John Doe
Form 2 First Codicil to Will of John Doe
Form 3 John Doe Revocable Trust
Form 4 Fractional Formulas for Revocable Trust
Form 5 Pecuniary Marital Formulas for Revocable Trust
Form 6 First [Amendment to] [Restatement of] John Doe Revocable Trust
Form 7 Will with Trusts
Form 8 Fractional Formulas for Will
Form 9 Pecuniary Marital Formulas for Will
Form 10 Apportionment Tax Clause
Form 11 Direction to Create Foundation upon Settlor’s Death
Form 12 Distribution Provisions for Guardian of Minor Children
Form 13 Disposition of Literary and Artistic Rights
Form 14 Selection of Personal Property
Form 15 Qualified Domestic Trust
Form 16 John Doe Gift Trust
Form 17 John Doe Annuity Trust
Form 18 Annuity Trust Provisions Allowing Creation of New Annuity Trusts under the Same Agreement
Form 19 John Doe Residence Trust
Form 20 Doe Minor’s Trust
Form 21 Creation of [Grandchild] [Minor] Trust for Jimmy Doe
Form 22 Doe Grandchild Trusts
Form 23 John Doe Charitable Lead Trust
Form 24 Doe Health and Education Exclusion Trust (HEET)
Form 25 John Doe Charitable Remainder Trust
Form 26 John Doe RPM Annuity Trust
Form 27 John Doe RPM Income Trust
Form 28 Family Limited Partnership
Form 29 Limited Liability Company
Form 30 Ultimate Contingent Beneficiaries—Private Foundation
Form 31 Ultimate Contingent Beneficiaries—Siblings of Settlorand Spouse
Form 32 Ultimate Contingent Beneficiaries—Settlor’s and Spouse’s Nieces and Nephews
Form 33 Ultimate Contingent Beneficiaries—50/50 to Settlor’s and Spouse’s Heirs
Form 34 Share Language for Division Among Ultimate Contingent Beneficiaries
Form 35 Independent Trustee Distribution Provision
Form 36 “Administrative Trustee“ Provisions of Delaware Situs Trusts
Form 37 Removal of Investment Advisors for Cause
Form 38 Indemnification Provision for Fiduciaries
Form 39 Plan of Successor Trustees for the Doe Gift Trust
Form 40 Resignation and Release of Trustee
Form 41 Exclusion of Withdrawal Rights Over Gift Trust
Form 42 Notice of Withdrawal
Form 43 Grant of Withdrawal Rights Over Gift Trust
Form 44 Exercise of Power of Appointment
Form 45 Assignment of Property to the John Doe Revocable Trust
Form 46 Nominee Agreement
Form 47 Net Gift Provision for Trust
Form 48 Election Pursuant to IRC §2632(c)(5)(A)
Form 49 Secured Promissory Note
Form 50 Promissory Note
Form 51 Attachment to Form 1041—IRC §645 Election
Form 52 Voting Trust Agreement
Form 53 Voting Trust Certificate
Form 54 Voting Trust Assignment
Form 55 Voting Trust Joinder
Form 56 Certification of Trust
Form 57 Inflation Adjustment Provision
Form 58 Percentage Limit on Limited Power of Appointment
Form 59 Distribution Provisions for Beneficiary with Drug Problems
Form 60 Trustee Distribution Guidelines