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American Bar Association - The American Bar Association guide to wills & estates: everything you need to know about wills, estates, trusts, and taxes

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The American Bar Association guide to wills & estates: everything you need to know about wills, estates, trusts, and taxes: summary, description and annotation

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First steps. Why you should plan your estate : how you can save money and be sure youve done it right ; Getting started : dont procrastinate -- Transferring property without a will : you have many ways of getting money to people without fuss or delay. Lots of little wills : your guide to will substitutes ; Life insurance : an old standby has lots of uses ; Joint tenancy : its easy and cheap-- but watch out for pitfalls -- Wills : what should be in yours? Wills 101 : the basics ; What goes in the will : what to put in and what to leave out ; After the will is written : follow these steps to be sure your will does the job -- Trusts and living trusts : they can do a lot-- but theyre not for everyone. How trusts work : a quick look at a misunderstood tool ; Do you need a trust? : as usual in the law, it depends ; Living trusts 101 : the basics ; Setting up a living trust : your guide to doing it right -- Putting the tools to work : some tips for people with particular needs. Providing for the kids : tips for every age of offspring ; Married, with or without children : most of us want to see that our spouse is taken care of, but how? ; Splitting up : divorce and remarriage ; Beyond convention ; no two families are the same ; Estate planning for business owners : the law gives you lots of options-- but you have to use them well ; Providing income for your final years : estate planning and retirement ; Controlling costs in your final years : paying for long-term care -- Death and taxes : strategies for holding on to as much as you can. Death and taxes : trying to make sense out of rules that keep changing ; Tax planning 101 : trusts ; Tax planning 102 : the benefits of living gifts and life insurance -- When you cant make the decision : confronting your biggest fear now can make a big difference later. Delegating decisions : advance directives ; Planning for end-of-life decisions : living wills and organ donation -- Putting the plan into action after your death : steps you can take now to help your survivors. Easing the burden on your family : theres a lot you can do to help-- now ; Choosing the executor : some tips on getting the right person ; Trustees : you can choose a person or a company to get the job done ; Probate : a quick primer on how its done -- Where do you go from here? -- Appendix A. Estate-planning checklist -- Appendix B. Sample basic will (annotated) -- Appendix C. Health-care advance directive.;The American Bar Association Guide to Wills & Estates, Fourth Edition, is the user-friendly guide that contains everything you need to know about planning an estate and preparing a will. It is organized in easy-to-follow chapters with sidebars containing tips, checklists, and key information, encouraging you to begin the process quickly and easily. The ABA Guide to Wills & Estates will help you: Determine what to put in an estate plan Decide whether to prepare a will, trust, or living trust Avoid or reduce estate taxes Transfer property without a will with substitutes such as life insurance and joint tenancy Understand the benefits of living gifts and life insurance, among many other topics The Fourth edition features new and updated topics, such as: Life-threatening and chronic illnesses Incorporating your religious beliefs into your estate plan Assisted reproduction and its resulting estate planning implications Civil unions and same-sex marriages Elder abuse and care Information about Roth IRAs in estate plans The impact of digital assets on estate planning.

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Copyright 2012 by The American Bar Association All rights reserved Published - photo 1
Copyright 2012 by The American Bar Association All rights reserved Published - photo 2

Copyright 2012 by The American Bar Association

All rights reserved. Published in the United States by Random House Reference, an imprint of The Random House Audio Publishing Group, a division of Random House, Inc., New York, and in Canada by Random House of Canada Limited, Toronto.

RANDOM HOUSE is a registered trademark of Random House, Inc.

Please address inquiries about electronic licensing of any products for use on a network, in software, or on CD-ROM to the Subsidiary Rights Department, Random House Information Group, fax 2125726003.

This book is available at special discounts for bulk purchases for sales promotions or premiums. Special editions, including personalized covers, excerpts of existing books, and corporate imprints, can be created in large quantities for special needs. For more information, write to Random House, Inc., Special Markets/Premium Sales, 1745 Broadway, MD 31, New York, NY, 10019 or e-mail .

Visit the Random House Web site: www.randomhouse.com

eBook ISBN: 978-0-375-72396-4
Trade Paperback ISBN: 978-0-375-72385-8

Fourth Edition

v3.1

The American Bar Association

Jack L Rives Executive Director Mabel C McKinney-Browning Director - photo 3

Jack L. Rives
Executive Director

Mabel C. McKinney-Browning
Director, Division for Public Education

Mark A. Cohen
Editor

P RINCIPAL A UTHOR , F IRST E DITION

Brett Campbell
Eugene, Oregon

P RINCIPAL R EVIEWER /A UTHOR F OURTH E DITION

Karin Prangley
Chicago, Illinois

R EVIEWERS *

Lena Barnett
Michael G. Cumming
Edgar T. Farmer
Thomas Featherston
Susan N. Gary
Rik Huhtanen
John Laster
Rebecca C. Morgan
Harold Pskowki
Douglas J. Rasmussen
Pamela L. Rollins
Charlie Sabatino
Michael D. Whitty

*For one or more editions

S TANDING C OMMITTEE ON P UBLIC E DUCATION

Chair
Eduardo Roberto Rodriguez
Brownsville, TX
Chair, Law Day
Mark D. Agrast
Washington, DC
H. William (Bill) Allen
Little Rock, AR
Cory M. Amron
Washington, DC
Pamila J. Brown
Ellicott City, MD
Stephen C. Edds
Jackson, MS
Jim Goh
Denver, CO
Roger L. Gregory
Richmond, VA
Nicole Harris
San Francisco, CA
Angela M. Hinton
Fayetteville, GA
Chair, Gavel Awards
Sheila S. Hollis
Washington, DC
Marvin D. Infinger
Charleston, SC
Christel E. Marquardt
Topeka, KS
Christina Plum
Milwaukee, WI
Ellen F. Rosenblum
Portland, OR
Board of Governors Liaison
Mary L. Smith
Lansing, IL

A DVISORY C OMMISSION TO THE S TANDING
C OMMITTEE ON P UBLIC E DUCATION

Joseph F. Baca
Albuquerque, NM
Marilyn R. Cover
Portland, OR
Marshall Croddy
Los Angeles, CA
Leslie C. Francis
Washington, DC
Linda Greenhouse
New Haven, CT
Lynn Huntley
Atlanta, GA
Kathleen Gormley Johnson
Ft. Mitchell, KY
Thomas McGowan
Lincoln, NE
Bruce Merenstein
Philadelphia, PA
Neil Nicoll
Chicago, IL
Karl Shoemaker
Madison, WI
Gordon Silverstein
Hartford, CT
Carmita Vaughan
Chicago, IL
Marguerite Zack
Miami, FL

I NTELLECTUAL P ROPERTY L AW L IAISON

David G. Swenson
Waco, TX

Y OUNG L AWYERS D IVISION L IAISON

William T. Harvey, Jr.
Trenton, NJ

L AW S TUDENT L IAISON

Joshua Monroe
Baker, LA

CONTENTS

PART ONE First Steps PART TWO Transferring Property Without a Will PART - photo 4

PART ONE
First Steps
PART TWO
Transferring Property Without a Will
PART THREE
Wills: What Should Be in Yours?
PART FOUR
Trusts and Living Trusts
PART FIVE
Putting the Tools to Work
PART SIX
Death and Taxes
PART SEVEN
When You Cant Make the Decision
PART EIGHT
Putting the Plan into Action After Your Death

APPENDIX A
Estate-Planning Checklist

APPENDIX B
Sample Basic Will (Annotated)

APPENDIX C
Health-Care Advance Directive

FOREWORD

Jack L Rives Executive Director American Bar Association E veryone should - photo 5

Jack L. Rives
Executive Director, American Bar Association

E veryone should be concerned with proper estate planning. It is essential to think through options and to plan for property distribution, business succession, estate taxes, final health care, and other end-of-life issues.

The American Bar Associations Guide to Wills & Estates explores a variety of estate-planning issues, from the familiar to the unusual. This Guide is designed to help consumers attain the right knowledge and insights so they can be better prepared to design a tailored plan to meet their personal needs.

This is the Fourth Edition of the Guide to Wills & Estates. As with prior editions, we benefit from the ABAs huge network of attorneys and experts in the field to write, edit, update, and review the publication. Our deep pool of experts enables us to provide a comprehensive and highly effective estate-planning guide.

The Guide to Wills & Estates is one of a series of legal guide books published under the auspices of the ABAs Standing Committee on Public Education. This book was designed to provide you with knowledge of the law and the legal context for your estate-planning decisions. It is not intended as legal advice. You should always consult an attorney licensed in your state to help plan for your specific needs.

With nearly 400,000 members, the ABA is the largest voluntary professional association in the world. Its members represent every legal specialty. Public service and public education are among the ABAs most important goals. The ABA educates the public through publications such as this book, online initiatives, programs, collaborations and partnerships with other organizations, and public outreach. Widespread knowledge about legal rights is a cornerstone of a free society.

For more information about the many services and resources the ABA makes available to the public, please visit the ABAs website, www.americanbar.org. Information specific to public education is available on the Division for Public Educations website, www.americanbar.org/publiced.

INTRODUCTION

Eduardo Roberto Rodriguez Chair ABA Standing Committee on Public Education - photo 6

Eduardo Roberto Rodriguez, Chair
ABA Standing Committee on Public Education

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