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Cover image for The complete guide to trust and estate management : what you need to know about being a trustee or an executor explained simply
Title:
The complete guide to trust and estate management : what you need to know about being a trustee or an executor explained simply
Personal Author:
Publication Information:
Ocala, Fla. : Atlantic Pub. Group, c2011
Physical Description:
288 p. : ill., forms ; 23 cm.
ISBN:
9781601382016

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Library
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Material Type
Item Category 1
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30000010251657 KF730.Z9 S53 2011 Open Access Book Book
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Summary

Summary

One of the most critical decisions a person must make when crafting a will or establishing a trust is whom to name as executor or trustee. Being chosen for these important jobs is an honor, and you must know how to perform the tasks correctly. With the help of this book you will understand the complex process of carrying out a person's final wishes. This book will provide insight whether you are a lawyer, accountant, financial consultant, spouse, adult child, relative, or friend; the simple, easy to understand language makes this book accessible to everyone. You will become familiar with many estate and trust management terms, such as beneficiary, probate, remaindermen, trust agreement, trust property, trustor, and trustee. In addition, you will learn the many duties and responsibilities of an executor, including the disbursement of property to the beneficiaries, collecting and arranging for the payment of debts, approving and disproving creditors claims, calculating taxes, filing forms, assisting the estate attorney, acting as the representative of the estate, inventorying and appraising the assets, and acting in the best interests of the deceased. After reading this book, you will know how to initiate probate; how to preserve the value of the estate; how to notify beneficiaries; how to send notices to the post office, banks, utilities, and credit card companies; how to file for Social Security, civil service, and veteran benefits; how to file tax returns; and how to file state death and federal estate tax returns. As executor, you will be responsible for settling the deceased person's estate and as trustee, you will be responsible for holding and administering the trust assets in the best interests of the trust's beneficiaries. Using this book as a guide, you can be assured that you will be prepared to properly perform the necessary duties entrusted to you.


Author Notes

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Table of Contents

Forewordp. 13
Introductionp. 17
Chapter 1 The Role of Personal Representative/Trusteep. 23
Handling the Estatep. 23
Standards and Decision-Makingp. 28
The Probate Processp. 34
Feesp. 39
Chapter 2 The Personal Representativep. 45
The Selectionp. 45
Competence and Experiencep. 49
Running a Deceased Person's Businessp. 52
Do You Want to Be a Personal Representative?p. 55
Chapter 3 The Trusteep. 57
What is a Trust?p. 57
Benefits of a Trustp. 63
How is a Trustee Selected?p. 68
Chapter 4 The Emotional Sidep. 75
The Grieving Processp. 75
Thinking and Decisions Are Affectedp. 80
Conflicts About Disbursementsp. 82
Chapter 5 The Estate Dream Teamp. 85
Attorneysp. 85
Insurance Agentsp. 87
Financial Advisersp. 89
Accountantsp. 92
Professional Appraisersp. 93
Real Estate Agentsp. 94
Banks or Trust Companiesp. 94
Co-Personal Representativesp. 95
Guardiansp. 97
The Family of the Deceased Personp. 97
Chapter 6 Preparing for a Deathp. 99
Power of Attorney, Important Documentsp. 100
Adding Value to the Estatep. 102
Avoiding Probate and Other Actions to Takep. 104
Chapter 7 Preparations After Deathp. 107
Immediate Concernsp. 107
A Valid Willp. 110
Preparing the Will for Probatep. 111
Chapter 8 Probatep. 115
Probate Processp. 116
Select and Meet the Attorneyp. 120
Initial Stepsp. 123
Other Probate Factorsp. 124
Chapter 9 Administering the Estatep. 127
How to Handle Fundsp. 127
Preparing Inventoryp. 131
Tangible and Intangible Propertyp. 132
Chapter 10 Tax Considerationsp. 135
Deceased Person's Income-Tax Returnp. 135
Estate Taxesp. 138
Request for Discharge from Personal Liabilityp. 143
Insolvent Estatep. 143
Estate Income Taxesp. 145
Charitable Contributionsp. 147
Administration Expensesp. 147
Funeral and Medical Expensesp. 148
Tax Paymentsp. 148
Gift Taxesp. 148
Chapter 11 Final Filing Requirementsp. 155
Final Return for Deceased Personp. 156
Other Tax Informationp. 161
Chapter 12 The Trust Instrumentp. 163
Review the Trust Documentp. 163
Transfer of Assetsp. 166
Compensationp. 172
Chapter 13 Administering Trustsp. 175
What to Do Firstp. 175
Distributing Assetsp. 179
Trustee as a Businessp. 182
Managing Real Estate and Businessp. 185
Chapter 14 Trust Investingp. 197
Investment Policy Statementp. 197
Managing Investmentsp. 202
Which Investments?p. 206
Chapter 15 Termination of a Trustee's Responsibilitiesp. 217
When a Trustee is Relieved of Dutiesp. 217
The Trustee's Responsibilitiesp. 221
Tax Consequences and Accountingp. 222
Chapter 16 A Sampling of Trustsp. 227
Revocable and Irrevocable Trustsp. 227
Irrevocable Life Insurance Trustsp. 231
Testamentary Trustsp. 232
Marital Deduction Trustsp. 232
Children's Trustsp. 234
Special Needs Trustp. 234
Charitable Remainder Trustsp. 235
Asset Protection Trustp. 237
Constructive Trustp. 238
Spendthrift Trustp. 238
Tax Bypass Trustp. 238
Totten Trustp. 239
Conclusionp. 241
Appendix A Sample Formsp. 243
Glossaryp. 273
Bibliographyp. 281
Author Biographyp. 283
Indexp. 285
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