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Executor's Guide Settling a Loved One's Estate or Trust

ISBN-10: 1413316794

ISBN-13: 9781413316797

Edition: 5th 2012 (Revised)

Authors: Mary Randolph

List price: $39.99
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Book details

List price: $39.99
Edition: 5th
Copyright year: 2012
Publisher: NOLO
Publication date: 3/4/2012
Binding: Paperback
Pages: 520
Size: 7.00" wide x 9.00" long x 1.25" tall
Weight: 1.782
Language: English

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