Instruction Manual and Test Bank for Wills Trusts and Estates Administration 5th Edition by Suzan Herskowitz ISBN ‎ 0134559851 978-0134559858

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ISBN 10: 0134559851 
ISBN 13: 978-0134559858
Author:Suzan Herskowitz 

Designed for paralegal students and legal professionals

Flexible, complete coverage of all pertinent topics in the field of estate planning, in a format that’s accessible to all levels of students

Wills, Trusts, and Estates Administration presents the fundamentals of the field in a flexible approach that captures the complexities of modern estate planning while maintaining a clear, accessible style. The book’s self-contained chapters let instructors easily adapt the material to their own classes and students. Written by a lawyer with 30 years of experience in the estate-planning field, it covers practical issues that arise in law office―situations that students will actually encounter when they begin their careers. The focus is on issues that concern today’s typical American client, such as the trend towards an aging population, the growing population of families in second marriages, blended families and families in which the grandparents are raising their grandchildren, as well as those families that include non-married or same-sex couples. Current statistics concerning the aging population in the United States keep readers up to date on how current trends affect the estate planning industry.

Wills, Trusts, and Estates Administration 5th Table of contents:

New to the Fifth Edition

Instructor Supplements

Chapter one Purpose and Need for a Will

Objectives

Why Most People Don’t Have Wills

What Is a Will?

The Need for Estate Planning and the Need for a Will

Estate Taxes

Distribution of Wealth

Appointment of Guardians for Minors

Creation of a Testamentary Trust

Appointment of a Personal Representative

Funeral Arrangements and Organ Donation

Writing One’s Own Will

Summary

Key Terms

Review Questions

Projects

Chapter two Property

Objectives

Classification and Definition of Property

Classification of Property: Real Property and Personal Property

Real Property

Personal Property

Forms of Property

Owned in Severalty

Joint Ownership

Joint Tenancy

Tenants in Common

Tenancy by the Entirety

Community Property

Estates

Fee Simple

Life Estate

Tenancy for Years

Probate Versus Non-Probate Assets

Life Insurance

Pay-on-Death

Other Beneficiary-Driven Assets

Trusts

Life Estates

Joint Tenancy with Right of Survivorship

Lady Bird Deed

Summary

Key Terms

Review Questions

Projects

Chapter three Testate or Intestate

Objectives

Testacy

Types of Dispositions

Specific Legacies

Demonstrative Legacies

General Legacies

Specific Devises

Residuary Dispositions

Abatement, Ademption, Satisfaction, and Lapse Abatement

Abatement

Ademption

Satisfaction

Anti-Lapse

Methods of Distribution—Per Stirpes Versus Per Capita

Intestacy

Intestate Succession Defined

Intestate Succession Laws

Relationship of the Heir to the Decedent and How It May Affect Intestate Succession

Lineal and Collateral Consanguinity

Determining Degree of Kinship

Relationship by Affinity

Other Relationships by Kinship

Surviving Spouse

Adopted Children

Nonmarital Children

Half Blood

Pretermitted Children

Pretermitted Spouse

Community Property and Intestacy

Summary of Intestate Succession

Escheat

Issues Affecting Distribution

Homestead Exemption

Family Allowance

Exempt Property

Surviving Spouse’s Elective Share

Dower and Courtesy

Other Issues That Affect Distribution of the Estate

Homicide by Beneficiary or Heir

Simultaneous Death of Decedent and Beneficiary

Summary

Key Terms

Review Questions

Projects

Chapter four The Will

Objectives

A Short History of Wills

Validity

Statutory Requirements

Intent and Capacity

Intent

Testamentary Capacity

Age

Sound Mind

Undue Influence

Is the Will Written or Oral

Holographic Wills

Nuncupative Wills

Signature of the Testator

Witnesses

Notary Public—Self-Proof Clauses and Affidavits

Changing or Revoking a Will

Changing a Will

Codicils

Cross-Out Marks and Other Writings

Revoking a Will

Revocation by Physical Act

Dependent Relative Revocation

Revocation by Operation of Law

By Subsequent Marriage

Divorce, Dissolution, or Annulment of Marriage

Revocation by Subsequent Writing

Joint and Mutual Wills

Joint Wills

Mutual Wills

Will Contests

In Terrorem Clauses

Summary

Key Terms

Review Questions

Projects

Chapter five Will Preparation and Drafting

Objectives

Client Conference

Personal and Family Information

Client Assets and Liabilities

Other Important Information

Drafting

Opening Clause

Instruction to Pay Debts

Dispositive Provisions

Appointment of the Personal Representative

Personal Representative’s Duties and Obligations

Appointment of Guardian for Minor Children

In Terrorem Clause

Simultaneous Death

Last Clauses in the Will

Testimonium Clause

Attestation Clause

Self-Proof Affidavit

What Are the Risks of Writing Your Own Will?

Execution of the Will

Where to Keep the Will After Execution

Summary

Key Terms

Review Questions

Projects

Chapter six Advance Directives

Objectives

History of the Right to Die

Living Wills

Requirements for a Living Will’s Validity

Do Not Resuscitate Orders

Health Care Surrogates and Proxies

Medical Powers of Attorney

Issues Surrounding Advance Directives

Patient Self-Determination Act

Durable Powers of Attorney

Uniform Power of Attorney Act and Safeguarding the Principal from Financial Abuse

Anatomical Gifts

By Will

By Signed Document

By Others

POLST: Physician Orders for Life-Sustaining Treatment Paradigm Program

Death with Dignity Acts

Summary

Key Terms

Review Questions

Projects

Chapter seven Planning for Non-Traditional Families

Objectives

Introduction

Same-Sex Marriage and Civil Unions

History and Issues Regarding Same-Sex Marriages

Grandparents Raising Grandchildren

Legal Issues

Medical Decisions

Inheritance by the Grandchild from a Grandparent Who Is Raising the Child

Stepparents and Stepfamilies

Post-Mortem Conception and a Parent’s Last Will

Summary

Key Terms

Review Questions

Projects

Chapter eight Trusts: Elements and Purpose

Objectives

Overview of Trusts

Trust Elements

Trustor

Who Can Be a Trustor

Sound Mind of Trustor 

The Trustee

Fundamental Fiduciary Duties 

A. General Standard of Care. 

B. Loyalty and Impartiality; Primary and Secondary Beneficiaries. 

C. Conflict Resolution. 

D. Duty to Verify Facts. 

E. Duty to Keep Beneficiaries Informed. 

F. Reliance on Predecessor Fiduciary. 

G. Special Rule for Uncompensated Individual Trustees. 

Trust Property

The Beneficiary

Trust Purpose

Trust Classifications

Express or Implied

Express Trusts

Implied Trusts

Is the Trust Testamentary or Inter Vivos?

Testamentary Trusts

Inter Vivos Trusts

Revocable or Irrevocable

Pourover Wills

Termination of a Trust

Drafting a Trust

Name of the Trust

Trust Purpose

Appointment of a Trustee

Trustee’s Powers

Trust Beneficiaries

Trust Property

Method of Distribution

Termination of the Trust

Signature

Summary

Key Terms

Review Questions

Project

Chapter nine Specialized Trusts and Gifts

Objectives

Spendthrift Trust

Sprinkling and Spray Trusts

Advantages

Disadvantages

Marital Deduction Trust

The Marital Deduction

Marital and Family Trusts

Qualified Terminable Interest Property (QTIP) Trust

Life Insurance Trust

Crummey Notice and Powers

Charitable Trusts

Charitable Remainder Trusts

Charitable Remainder Annuity Trust 

Charitable Remainder Unitrust 

Charitable Lead Trusts 

Cy Pres Doctrine

Special Needs Trusts

Totten Trusts

Lady Bird Deeds

Revocable Transfer on Death Deeds

Pet Trusts

Gifts

What Is a Gift and Why Is Gifting Important in Estate Planning?

Summary

Key Terms

Review Questions

Chapter ten The Personal Representative

Objectives

Types of Personal Representatives

Named in the Will

Intestate Decedent

Successor Personal Representative

Administrator with Will Annexed

Special Administrator

Administrator Pendente Lite or Administrator Ad Litem

Appointment

Personal Representative’s Duties

Bond

Resignation, Discharge, or Removal of Personal Representative

Resignation

Removal

Discharge

Liability of the Personal Representative

Surcharge

Summary

Key Terms

Review Questions

Projects

Chapter eleven Estate Administration

Objectives

Overview of the Probate Process

Preliminary Duties of the Law Office

Obtaining the Death Certificate

Finding the Will

Allowances

Guardianship of Minors

Lost Wills

Small Estate Settlement

Formal Probate Administration

Petition

Intestate Decedent 

Testate Decedent 

Notice to Other Interested Parties

Proof of Will

Bond and Testamentary Letters

Obtaining Tax Identification Number for the Estate

Inventory

Estate Expenses, Debts, Taxes, Notice to Creditors, and Claims Against the Estate

Accountings

Distribution to Beneficiaries and Discharge of the Estate

Ancillary Administration

Summary

Key Terms

Review Questions

Projects

Chapter twelve Tax Considerations in Estate Administration

Objectives

The Fiduciary’s Obligations

Notification of Decedent’s Death to IRS

Tax Identification Number Application

Income Tax Returns

Decedent’s Final Federal Income Tax Return

Decedent’s Final State Income Tax Return

Federal Income Tax Return of the Estate

Post-Mortem Estate Planning

What Are Estate Taxes?

The Federal Estate Tax Return

Decedent’s Gross Estate

Schedules Relating to Assets

Schedules Relating to Deductions

Schedules Relating to Credits

Exclusion Amount

Portability

Summary

Key Terms

Review Questions

Projects

Chapter thirteen The Probate Court and Uniform Laws

Objectives

Jurisdiction

Domicile

In Rem Jurisdiction

A Note About Ancillary Jurisdiction 

In Personam Jurisdiction

Service of Process

Venue

Registry with the Court Clerk

Uniform Probate Laws

Summary

Key Terms

Review Questions

Projects

Chapter fourteen Paralegals and Ethics

Objectives

Why Do We Have to Have Ethical Rules Anyway?

A Note on the American Bar Association Model Rules of Professional Conduct and the State Rules

Unauthorized Practice of Law (UPL)

What Is the Practice of Law?

How Do Paralegals Avoid Practicing Law?

Paralegals Must Identify Themselves as Paralegals

Paralegals Should Always Work Under Supervision

Don’t Give Advice!

Only Draft Documents on Behalf of Your Supervising Attorney

Do Not Make Court Appearances

Do Not Retain the Client

Don’t Set Fees

Don’t Take Money or Gifts from a Client

What Are the Penalties for Unauthorized Practice of Law?

What Is a Paralegal Permitted to Do?

Duty of Confidentiality

How Does a Paralegal Refrain from Breaching Client Confidentiality?

Paralegals May Engage in Certain Activities and Regulation

Summary

Key Terms

Review Questions

Projects

Appendix A Important Cases Concerning the Right to Die

Cruzan v. Director, MDH

Appendix B Selected Wills of Famous People

Appendix C Internet Websites

Cornell Law School Legal Information Institute

Federal Law

State Law

Cornell LII Uniform Probate Law Locator

Search Engines

General Search Engines

Legal Search Engines

Miscellaneous Sites of Interes

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