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Getting Ready | |
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The Executor's Legal Companion | |
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How This Book Can Help | |
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Overview | |
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What Executors Do | |
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What Trustees Do | |
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Your Legal Duty | |
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Payment for Serving as an Executor or Trustee | |
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Dealing With Emotions Yours and Your Relatives' | |
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If You're Asked to Be an Executor or Trustee | |
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Should You Accept the Job? | |
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Making the Job Manageable | |
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First Steps | |
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The First Week | |
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Organ, Tissue, and Body Donation | |
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Physician's Certification and Death Certificate | |
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Autopsy | |
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Burial or Cremation | |
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Funerals and Memorial Services | |
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Other Tasks During the First Few Days | |
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The First Month | |
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Set Up a Filing System | |
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Order Copies of the Death Certificate | |
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Find the Will | |
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Find Other Documents That Leave Property | |
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Send Notifications of the Death | |
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Keep Property Secure | |
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Sort Through Personal Belongings | |
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Claiming Life Insurance, Social Security, and Other Benefits | |
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Life Insurance and Annuity Proceeds | |
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Social Security Benefits | |
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Pensions | |
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Veterans Benefits | |
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Wages Owed the Deceased Person | |
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The Family Allowance | |
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Other Possible Benefits and Claims | |
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Taking Care of the Estate | |
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Making Sense of the Will | |
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Does the Will Appear Valid? | |
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Reading the Will | |
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Gifts to Groups of People | |
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Events That Affect Who Inherits | |
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If There's No Will | |
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Who's in Charge | |
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Who Gets What: The Basic Rules | |
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Understanding Key Terms | |
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If an Heir Has Died | |
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Taking Care of Minor Children | |
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Taking Inventory | |
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Look for Assets | |
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Make a List of Assets | |
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Estimate the Value | |
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Add Up Debts | |
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Determine How Title Was Held | |
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Managing Assets and Paying Bills | |
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Your Legal Duties | |
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Keeping Good Records | |
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Setting Up an Estate or Trust Bank Account | |
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Keeping Tangible Assets Safe | |
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Managing Cash Accounts and Investments | |
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Paying Claims and Debts | |
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Giving Property to Beneficiaries | |
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Selling Property | |
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Handling a Business | |
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Caring for Children and Their Property | |
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Immediate Concerns | |
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Raising a Child | |
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Managing a Child's Property | |
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Personal and Practical Issues | |
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Taxes | |
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Overview | |
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The Deceased Person's Income Tax Return: Form 1040 | |
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The Estate's Income Tax: Form 1041 | |
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Income Tax on Trusts | |
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Federal Estate Tax | |
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State Inheritance and Estate Taxes | |
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Other Taxes | |
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Beneficiaries and Taxes | |
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Typical Situations | |
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Transferring Property | |
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Property That Doesn't Go Through Probate | |
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Common Assets That Don't Go Through Probate | |
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Joint Tenancy Property | |
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Tenancy by the Entirety Property | |
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Community Property | |
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Property Held in a Living Trust | |
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Real Estate That Qualifies as a Homestead | |
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Property That Passes to Immediate Family by Law | |
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Salary or Wages | |
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Payable-on-Death Bank Accounts | |
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Life Insurance Proceeds | |
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Individual Retirement Accounts | |
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Health Savings Accounts | |
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Securities Registered in Transfer-on-Death Form | |
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Savings Bonds | |
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Vehicles | |
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Pension Plan Distributions and Other Death Benefits | |
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Real Estate Left by a Transfer-on-Death Deed | |
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Personal Property in "Small Estates" | |
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Transferring Joint Tenancy and Other Survivorship Property | |
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Real Estate | |
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Bank Accounts | |
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Securities | |
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Vehicles | |
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Savings Bonds | |
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If Title Wasn't Cleared When the First Joint Tenant Died | |
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Transferring Community Property | |
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Your Transfer Options | |
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Survivorship Community Property | |
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Community Property Agreements | |
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State Probate Shortcuts | |
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When the Second Spouse Dies | |
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Claiming Money in Retirement Plans | |
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Retirement Plans: The Basics | |
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Who's the Beneficiary? | |
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If the Surviving Spouse Is the Beneficiary | |
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Nonspouse Beneficiaries | |
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Special Rules for Multiple Beneficiaries | |
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If a Trust Is the Beneficiary | |
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If There Is No "Designated Beneficiary" | |
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If the Beneficiary Has Died | |
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If No Beneficiary Was Named | |
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If the Estate Is the Beneficiary | |
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Claiming Payable-on-Death Assets | |
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If the Asset Was Co-Owned | |
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The Effect of Divorce on POD Beneficiaries | |
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How Beneficiaries Can Claim Assets | |
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Special Procedures for Small Estates | |
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Are You Handling a Small Estate? | |
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Claiming Property With Affidavits | |
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Using Simplified Probate | |
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The Regular Probate Process | |
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Common Questions About Probate | |
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The Typical Probate Process | |
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The Process in Uniform Probate Code States | |
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Probate in Another State | |
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Disputes During Probate | |
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Do You Need a Lawyer? | |
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If You Go It Alone: Working With the Court | |
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Handling Trusts | |
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Wrapping Up a Simple Living Trust | |
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How Simple Living Trusts Work | |
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If You're the Surviving Spouse | |
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Who Serves as Successor Trustee | |
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The Affidavit of Assumption of Duties | |
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What's in the Trust | |
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Notifying Beneficiaries | |
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Getting Valuable Property Appraised | |
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Registering the Trust | |
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Debts and Expenses | |
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Transferring Trust Property | |
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Ending the Trust | |
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Managing a Child's Trust | |
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How a Child's Trust Works | |
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The Trustee's Job | |
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Accepting or Declining the Trustee's Job | |
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Gathering Trust Property | |
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Keeping Beneficiaries Informed | |
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Registering the Trust | |
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Investing Trust Property | |
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Keeping Good Records | |
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Handling Trust Taxes | |
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Distributing Property | |
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If You Want to Resign | |
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Ending the Trust | |
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Getting More Help | |
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Finding More Information | |
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Libraries | |
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Online Resources | |
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Finding Forms | |
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Finding Definitions | |
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Researching Specific Questions | |
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Lawyers and Other Experts | |
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When to Get Help | |
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Deciding What You Want From a Lawyer | |
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Finding a Lawyer | |
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Choosing a Lawyer | |
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Working With a Lawyer | |
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Paying a Lawyer | |
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Solving Problems With Your Lawyer | |
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Glossary | |
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Appendix: State Information | |
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Index | |