Casemaker Libra

Estate Planning, Probate, and Trust Administration In Washington

Publication Year: 2020   Publication Type: Deskbook

Description:

This 1,258-page, two-volume publication replaces the Washington Estate Planning Deskbook (2005) and the Washington Probate Deskbook (2005). Because most practitioners practice in both areas, and relevant topics rarely fit neatly into one or the other, this comprehensive resource provides the authorities and the tools—including practice tips, examples, and over 40 customizable forms—Washington practitioners need to solve real problems in their practices. See the table of contents and list of authors and editors for comprehensive coverage by top attorneys in the field.

Note: No physical product will be shipped to you when you subscribe to this deskbook. Access to this deskbook is online only by annual subscription. The forms that come with this deskbook are also online (downloadable) only; no physical CD of forms will be sent to you.

Editors:
Thomas M. Culbertson and Heidi L.G. Orr

Table of Contents:

	Title
	Copyright
	Dedication
	Editors-In-Chief
	Forms Available Online
	Preface
	About the Editors
	Chapter 1 - Overview of Deskbook
	Chapter 2 - Representation and Client Communication   §2.1 Introduction §2.2 Who Is the Client?—Estate Planning §2.3 Who is the Client?—Probate and Trust Administration §2.4 Ethical Considerations in Estate Planning, Probate, and Trust Administration §2.5 Client Communications §2.6 Engagement, Nonengagement, and Termination Letters   §2.7 Forms and Checklists
	Chapter 3 - Dispositions On Death   §3.1 Introduction §3.2 Intestacy §3.3 Wills §3.4 Testamentary Trusts §3.5 Revocable Living Trusts §3.6 Irrevocable Trusts §3.7 Community and Separate Property   §3.8 Committed Intimate Relationships §3.9 Nonprobate Transfers   §3.10 Coordinating Transfers §3.11 Disposition of Remains   §3.12 Forms and Checklists
	Chapter 4 - Issues Involving Beneficiaries §4.1 Rights of All Estate Beneficiaries §4.2 Rights of All Trust Beneficiaries §4.3 Rights and Claims Available to All Beneficiaries §4.4 Right to Legal Fees §4.5 Rights of Specific Types of Beneficiaries §4.6 Special Needs Trust Beneficiaries §4.7 Atypical Beneficiaries
	Chapter 5 - Fiduciaries   §5.1 Introduction §5.2 Fiduciary Duties §5.3 Types of Fiduciaries §5.4 Succession of Fiduciaries   Appendix A- Trustee Duties to Provide Information and Waiver of (or Exception to) Duties
	Chapter 6 - Planning for Incapacity   §6.1 Introduction §6.2 Planning for Financial Decisions §6.3 Planning for Health Care Decisions   §6.4 Ethical Considerations in Advising Clients With Diminished Capacity   §6.5 Alternative Health Care Directives   §6.6 Forms and Checklists
	Chapter 7 - Tax Primer (Basic Federal and State Tax Relevant to Estate Planning) §7.1 Overview §7.2 The Federal Estate Tax §7.3 The Federal Gift Tax §7.4 The Federal Generation-Skipping Transfer Tax §7.5 The Washington State Transfer Tax System   §7.6 Apportionment of Estate Tax §7.7 Income Taxation of Estates and Trusts
	Chapter 8 - Tax Planning   §8.1 Overview §8.2 Lifetime Gifting Strategies §8.3 Charitable Planning §8.4 Domicile Planning §8.5 Pre- and Postmortem Planning   Appendix A—Resources   Appendix B—Checklist of Postmortem Matters
	Chapter 9 - Estate Planning For Retirement Plans and IRAs   §9.1 Scope and Coverage §9.2 Income Tax Factors §9.3 Estate Tax   §9.4 Gift Tax   §9.5 Spousal Protection Under ERISA   §9.6 Community Property   §9.7 Creditors’ Claims §9.8 Inherited IRA
	Chapter 10 - Conflict of Laws and Multijurisdiction Issues   §10.1 Introduction §10.2 Washington’s General Approach to Conflicts of Law §10.3 Basic Conflict Rules   §10.4 Federal Preemption §10.5 Instruments Executed in Other Jurisdictions §10.6 Property Held in Other Jurisdictions §10.7 Property Acquired in Other Jurisdictions   §10.8 Recognition of Community Property in Other States   §10.9 Conclusion
	Chapter 11 - Types of Administration §11.1 Introduction to Probate and Estate Administration §11.2 Two Types of Probates/Administrations §11.3 Administration of Revocable Living Trusts §11.4 Administration of Community Property Agreements §11.5 Small Estate Affidavit Procedures §11.6 Adjudication of Testacy or Intestacy §11.7 Administration of Out-of-State Real Property
	Chapter 12 - Estate Administration Issues   §12.1 Introduction §12.2 Creditors’ Claims §12.3 Omitted Children, Spouses, and Domestic Partners; and the Effect of Separation and Dissolution §12.4 Inheritance Rights of Slayers   §12.5 Uniform Simultaneous Death Act §12.6 Testamentary Disposition of Nonprobate Assets §12.7 Family Support §12.8 Ademption, Advancement, and Exoneration §12.9 Abatement of Assets   §12.10 Gifts to Trusts §12.11 References to Separate Writings §12.12 Lapse and the Antilapse Statute §12.13 Incapacitated or Minor Beneficiaries §12.14 Common Issues Involving Estate and Income Taxation of Estates   §12.15 Forms and Checklists
	Chapter 13 - Trust and Estate Disputes §13.1 Court Procedures for Resolving Trust and Estate Disputes §13.2 TEDRA Agreements §13.3 Will Contests §13.4 Challenges and Disputes That Do Not Constitute Will Contests §13.5 Procedures for Initiating and Responding to a Challenge §13.6 Revocation and Revival of Wills §13.7 Causes of Action and Remedies Against Fiduciaries §13.8 Alternative Dispute Resolution Process Under TEDRA §13.9 Attorney Fees and Costs Under RCW 11.96A.150 §13.10 Other Selected Attorney Fees and Costs Statutes in Title 11 RCW §13.11 Establishing the Reasonableness of Attorney Fees and Costs
	Chapter 14 - Tribal and Federal Estate Planning and Probate of Native American Estates §14.1 Introduction to Indian Law and Federal Indian Policy §14.2 What Law Applies, to Which Property in an Indian Estate? §14.3 Basic Procedures for Probate of Indian Trust Property §14.4 Rules of Succession Applicable to Both Testate and Intestate Succession §14.5 Intestate Succession §14.6 Wills and Testate Succession §14.7 Drafting the Will for Trust Property §14.8 Preparation and Follow-up to Drafting a Will for, or Probating, an Indian Trust Estate §14.9 Practice Tips for Nontrust Indian Property
	Chapter 15- Estate Planning For Digital Assets   §15.1 Introduction §15.2 The Rise of the Internet Has Changed the Way We Plan Our Clients’ Estates §15.3 Addressing Digital Assets in the Estate Planning Process §15.4 Accessing the Digital Assets of a Deceased or Disabled Client   §15.5 Washington Uniform Fiduciary Access to Digital Assets Act   §15.6 Conclusion   §15.7 Forms and Checklists
	Chapter 16 - International Estate Planning   §16.1 Introduction   §16.2 Spotting International Issues §16.3 Legal Considerations §16.4 Select Estate and Gift Tax Issues   §16.5 Expatriation §16.6 Disclosure Rules and Miscellaneous Considerations
	Chapter 17 - Estate Planning for Unmarried Couples   §17.1 Introduction   §17.2 Some Couples May Still Opt Not to Marry §17.3 Civil Union, Domestic Partnership, and Common-Law Marriage §17.4 Gift, Estate, Income, and Other Tax Ramifications of Same-Sex Marriages, Domestic Partnerships, and Civil Unions §17.5 Federal Preemption and Federal Benefits §17.6 Wills, Revocable Trusts, and Nonprobate Transfers   §17.7 Planning for Personal Needs §17.8 Planning Opportunities for Unmarried Couples §17.9 Probate and Strategies to Minimize Conflict   §17.10 Conclusion
	Table of Cases
	Table of Statutes
	Table of References
	Subject Index