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Executor's Guide How to Administer an Estate under a Will

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ISBN-10: 0275982033

ISBN-13: 9780275982034

Edition: 2004

Authors: Linda Kirby

List price: $55.00
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You have been named the executor of a will by a friend or family member. Are you prepared to meet the challenge and do you know how to avoid personal liability? Thousands of individuals each year face the daunting and often painful task of settling the estate of a loved one, and even with professional guidance from attorneys, accountants, and financial advisors, they are often ill-equipped to deal with many of the tasks necessary to manage and settle an estate--and may put themselves at serious financial risk. The Executor's Guide is the definitive instruction manual for anyone administering an estate under a will. Featuring step-by-step instructions, worksheets, checklists, and timetables,…    
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Book details

List price: $55.00
Copyright year: 2004
Publisher: Bloomsbury Publishing USA
Publication date: 5/30/2004
Binding: Hardcover
Pages: 336
Size: 6.14" wide x 9.21" long x 0.75" tall
Weight: 1.430
Language: English

Acknowledgments
Introduction
Introduction to the Duties of the Executor
Legal Language
The Responsibilities of the Executor
Fiduciary Duty
Liability of Executor for Breach of Fiduciary Duty
Co-Executors
Out-of-State Executor or Out-of-Area Executor
Executor Can Decline to Serve
Executor's Fees and Expenses
Negotiation of Executor's Fees
Income Tax on Executor's Fees
Power of Attorney
Checklist: First Tasks
The Will
Types of Wills
Additions or Changes to the Will
Custody of the Original Will
Lost Will
Stale Will
Withholding the Will
Evaluation of the Will
Application of State Law and Interpretation of the Will
Powers Granted in the Will
Reading of the Will and the Family Interview
Checklist: Next to Do
Opening Court Proceedings
Why Probate Is Necessary
Choice of Probate Proceedings
Estate Attorney
Attorney's Fees
Is a Bond Necessary?
Decedent's Name
Probate Timetable
Checklist: Opening Court Proceedings
Identifying All Interested Persons
Interested Persons
Legal Proceedings to Determine Heirs and Beneficiaries
Minors, Disabled Persons, and Beneficiaries in Military Service
Legal Notice Required
When Is Legal Notice Required?
Waivers of Notice
Publication of Notice
Checklist: Identify and Notify
Guardians, Conservators, Custodians, and Trustees
Who Needs a Guardian?
Appointment of a Guardian for a Minor Child
Appointment of a Guardian for a Disabled Adult
When Decedent Was Guardian of Another Person
Duties of the Guardian
Who Needs a Conservator?
Appointment of a Conservator for a Minor Child or Disabled Adult
Duties of a Conservator
Distribution to an Adult Who Has Not Previously Been Judged Disabled
Custodian under the Uniform Transfers to Minors Act
Trusts for Minors and Disabled Adults
Checklist: Guardians, Conservators, Custodians, and Trustees
Inventory and Valuation of Assets
Introduction to Identifying Assets
Discovery of Assets
Where to Look for Assets
Confirmation of Asset Ownership, Asset Description, and Value
Ownership Modes
Valuation and Appraisal
Organizing Information about Assets
Checklist: Inventory and Valuation
Management of Assets
Management Plan
Need for Immediate Action
Use and Occupancy of Estate Assets
Secure Personal Items
The Obituary
Insurance to Protect Estate Assets
Safe Deposit Box
Protection of Valuable Papers
Payment of Bills
Cash Requirements of the Estate
Estate Checking Account
Joint Tenancy Accounts Used to Pay Expenses
Accounting
Early Distribution of Assets
Death Certificates
Letters Testamentary
Decedent Was a Fiduciary
Retitling Assets
Investment of Estate Assets
Investments Purchased by Decedent
Checklist: Management of Assets
Sale of Assets
Duty to Not Self-Deal
Accounting for Sale
Minimum Sale Price
How to Set the Price
Sale of Personal Property
Distribution of Personal Property to Family Members
Sale of Real Estate
Checklist: Sale of Assets
Claims and Demands on Decedent's Estate
Notice to Creditors
All Claims Must Be Exhibited by Creditors
Approval and Payment of Claims
Types of Claims and Demands on Estate
Insolvent Estates
Schedule of Abatement
Accounting for Payments and Abatement
Warning about Specific Gifts in a Will
Checklist: Creditors
Taxes
Income Tax for the Beneficiaries, Devisees, and Legatees
Basis Step-Up
Filing Tax Returns for the Decedent and the Estate
IRS Forms SS-4 and 56
Decedent's Income Tax Returns
Estate's Income Tax Returns
Federal Estate Tax Return
Generation-Skipping Transfer Tax
State Inheritance, Succession, or Estate Tax Return
Consent to Transfer
Elections and Options
Elections Presented in the Federal Tax Code
Elections and Options Not Presented in the Federal Tax Code
Who Pays the Taxes?
Liability of Executor for Tax Decisions
Checklist: Taxes
Special Considerations
Disclaimers
Pre-Marital and Post-Marital Agreements
Survival Clauses
Simultaneous Death Clauses
Settlement Agreements
In Terrorem Clauses
Testamentary Trusts
Living Trusts
Checklist: Special Considerations
Final Settlement, Distribution of Assets, and Discharge of the Executor
Determination of the Estate to Be Distributed
Claims and Demands on the Estate
Types of Claims and Demands
Abatement of Gifts to Pay Debts, Taxes, and Expenses
Classes of Gifts
Limits to the Distribution of the Estate
Process for Determining Distribution
Petition and Order for Final Settlement
Transfer Assets to New Owners
Instructions for Transfer of Specific Types of Assets
Receipt and Refunding Agreements
Distribution of Household and Personal Property
Distribution to Minors and Disabled Persons
Distribution to Trustee
Closing the Estate and Discharging the Executor
After Discharge
Reopening the Estate
Checklist: Final Settlement, Distribution of Assets, Closing of the Estate, and Discharge of the Executor
Probate Timetable: Court Proceedings
Timetable Necessary for All Estates
Proposed Method for Distribution of Personal and Household Items
Worksheets and Forms
Summary of Assets
Types of Assets
A Survey of Specific Types of Assets
Annuities
Antiques
Art
Automobiles and Other Motor Vehicles
Bonds (Corporate Bonds, Municipal Bonds, U.S. Government and Agency Bonds)
Cash and Uncashed Checks
Cemetery Lots
Death Benefits
Debts Owed to the Decedent
Deposit Accounts
Devises, Legacies, and Inheritances from the Estate of Another
Family Memorabilia, Photographs, and Videos
Gifts Made before Death (within Three Years of Date of Death)
Gift Tax Paid Three Years Prior to Date of Death
Goods in Storage
Income-in-Respect of Decedent
Intangible Personal Property
Jewelry
Joint Interests
Judgments
Lawsuit
Life Insurance
Mutual Funds
Oil, Gas, and Other Mineral Interests
Personal and Household Effects (See also Family Memorabilia)
Pets
Promissory Note
Real Property
Refunds
Retirement Plans
Stocks
Tangible Personal Property
Trusts
Questions to Ask Your Attorney
Chapter 1
Chapter 2
Chapter 3
Chapter 4
Chapter 5
Chapter 6
Chapter 7
Chapter 8
Chapter 9
Chapter 10
Chapter 11
Chapter 12
Glossary
Index