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California Wills & Trusts (Treatise and Forms)

Author(s): Albert G. Handelman (Author), John A. Hartog (Author)

Treatise and Forms provide legal analysis, practical insight, and drafting assistance for wills, trusts, and related instruments.

Publisher: Matthew Bender Elite Products

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This exclusive bundle contains two of the most important LexisNexis products from the California Wills & Trusts series for California estate planning practitioners, California Wills & Trusts treatise and California Wills and Trusts Forms. Streamline your drafting process with the indispensable resources and functionality of this bundle at one low price. These complimentary products include cross-references to one another so you can refer easily to the Treatise while using the Forms and easily find the appropriate forms and clauses when researching an issue.

The California Wills & Trusts Treatise is a clear, practical guide to planning, drafting, interpreting, and executing wills and trusts in California that explains the law and underlying estate and tax planning concepts. Inside you'll find extensive coverage of:

• Wills
• Testamentary and inter vivos trusts (both revocable and irrevocable)
• Durable powers of attorney
• Tax laws affecting estate planning
• Laws governing the disposition of estates
• Cross references to Drafting System.

The California Wills & Trusts Forms is a full set of up-to-date forms for California practitioners organized for maximum user convenience. The set contains complete forms for wills and trusts (including revocable and irrevocable inter vivos trusts, life insurance trusts, charitable trusts, "special needs" trusts, and others), forms for additional provisions, and related items including client questionnaires, letters, codicils, durable powers of attorney, and waivers of marital rights. Specialized forms are included for Registered Domestic Partners. A unique numbering system lets you find what you are looking for quickly and easily.

Also available is California Wills & Trusts Drafting System, powered by HotDocs®.

eBooks, CDs, downloadable content, and software purchases are noncancelable, nonrefundable and nonreturnable. Click here for more information about LexisNexis eBooks. The eBook versions of this title may feature links to Lexis+® for further legal research options. A valid subscription to Lexis+® is required to access this content.

Table of Contents

CALIFORNIA WILLS & TRUSTS (TREATISE)

VOLUME ONE

I. PLANNING CONSIDERATIONS
Chapter 1. Overview of California Law Governing Disposition of Estates
Chapter 2. Overview of Tax Laws Affecting the Disposition of Estates
Chapter 3. Selecting the Proper Estate Planning Devices
Chapter 4. Ethical Considerations and Professional Responsibility
Chapter 5. Conflict of Laws
Chapter 6. Planning for Registered Domestic Partners
Chapters 7-9. [Reserved]

II. WILLS

A. General Considerations
Chapter 10. Introduction to Wills
Chapter 11. Requisites of a Valid Will
Chapter 12. Office Procedures
Chapters 13-19. [Reserved]

B. Form and Content
Chapter 20. Organization of Wills
Chapter 21. Devisees
Chapter 22. Property Devised by Will
Chapter 23. Provisions for Payment of Taxes, Expenses, and Debts
Chapter 24. Devises--General Considerations
Chapter 25. Devises of Money and Personal Property
Chapter 26. Devises of Real Property Interests
Chapter 27. Residuary Devises
Chapter 28. Devises to Minors
Chapter 29. Devises of Businesses and Business Interests
Chapter 30. Charitable Devises
Chapter 31. Powers of Appointment
Chapters 32-34. [Reserved]

VOLUME TWO
B Forms and Content (CONT'D)

Chapter 35. Nomination of Executors
Chapter 36. Powers and Duties of Executors
Chapter 37. Nomination of Guardians for Minor Children
Chapters 38-39. [Reserved]
Chapter 40. Disinheritance and No-Contest Clauses
Chapter 41. Funeral and Burial Arrangements
Chapters 42-59. [Reserved]

C. Special Aspects of Will Drafting
Chapter 60. Joint and Mutual Wills
Chapter 61. Contracts and Other Instruments Affecting Wills
Chapter 62. Revocation and Revival of Wills
Chapter 63. Codicils
Chapters 64-79. [Reserved]

III. TRUSTS

A. General Considerations
Chapter 80. Introduction to Trusts
Chapter 81 Planning the Trust
Chapter 82 Basic Tax Considerations in Trust Planning
Chapters 83-89. [Reserved]

B. Form and Content
Chapter 90. Requisites of a Valid Trust
Chapter 91. Organization of Trust Instrument
Chapter 92. Settlors and Beneficiaries
Chapter 93. Appointment of Trustees
Chapter 94. Trust Property
Chapter 95. Trust Provisions for Payment and Distribution of Income and Principal
Chapter 96. Powers and Duties of Trustee
Chapters 97-109. [Reserved]

VOLUME THREE

C. Particular Types of Trusts
Chapter 110. Testamentary Trusts
Chapter 111. Revocable Inter Vivos Trusts
Chapter 112. The Marital Deduction and Marital Deduction Trusts
Chapter 113. Generation-Skipping Transfers and Trust Strategies
Chapter 114. Irrevocable Inter Vivos Trusts
Chapter 115. Life Insurance Trusts
Chapter 116. Charitable Remainder Trusts
Chapter 117. Charitable Lead Trusts
Chapter 118. Special Needs Trusts
Chapters 119-139. [Reserved]
Chapter 140. Implementing and Funding the Inter Vivos Trust
Chapters 141-149. [Reserved]

IV. DURABLE POWERS OF ATTORNEY (ADVANCE HEALTH CARE DIRECTIVES)
Chapter 150. Durable Powers of Attorney for Health Care
Chapter 151. Durable Powers of Attorney for Property Management

Table of Cases

Table of Statutes

Index

CALIFORNIA WILLS & TRUSTS (FORMS)

FORMS VOLUME ONE

DIVISION I Complete Inter Vivos Trusts

A Nonformula Trusts--Sole Settlor

B Nonformula Trusts--Joint Settlors

C Formula Trusts--Sole Settlors

D Formula Trusts--Joint Settlors

E Irrevocable Trusts

F Miscellaneous Trusts

Division II Individual Inter Vivos Trust Provisions

1 Creation Of Trust

2 Trust Estate

3 Rights And Powers Of Settlor(s)

FORMS VOLUME TWO

Division II Individual Inter Vivos Trust Provisions (Cont'd)

4 Payments and Distributions

5 Trustee

6 Concluding Provisions

7 Execution

Division III Complete Will Forms

A Wills for Unmarried Persons

B Wills for Married Persons

C California Statutory Will

D Wills for Registered Domestic Partners

Division IV Individual Will Provisions

10 Declaration Clause

20 Introductory Provisions

30 Particular Devises

40 Residuary Provisions

FORMS VOLUME THREE

Division IV Individual Will Provisions (Cont'd)

50 Trust Distributions

60 Executor

70 Trustee

80 Guardian

90 Concluding Provisions

100 Signature And Attestation Clause

Division V Complete Codicils

VI Individual Codicil Provisions

Division VII Complete Durable Powers Of Attorney

Supplementary Documents

Division VIII Trust Funding and Other Related Documents

Division IX Miscellaneous Estate Planning Documents

Index

Featured Authors

John A. Hartog Albert G. Handelman

John A. Hartog

John A. Hartog is a California certified specialist in Estate Planning, Trust and Probate Law, as well as a California certified specialist in Taxation Law. Mr. Hartog’s practice emphasizes estate planning, trust and probate administration, including dispute resolution, and taxation matters. Mr. Hartog possesses particular expertise in counseling trustees administering living trusts and in resolving disputes among beneficiaries and fiduciaries.

Mr. Hartog was admitted to the Bar in 1979. He earned an L.L.M. in Taxation from the Golden Gate University of Law in 1984; his J.D. degree from Hastings College of the Law, University of California, in 1979; and his B.A. degree, cum laude, from Pomona College in 1974.

Mr. Hartog is a Fellow of the American College of Trusts and Estates Counsel. Mr. Hartog is a past Chair of the Executive Committee of the Trusts & Estates Section of the California State Bar. He is also a past Chair of the Estate Planning, Trust and Probate Law Advisory Commission to the Board of Legal Specialization of the California State Bar. Mr. Hartog has served as a Lecturer at the University of California, Berkeley Law School (Boalt Hall) where he taught "Wills and Trusts."

He has been selected to the Super Lawyers® Top 100 list by his peers for twelve consecutive years. He has been selected for inclusion in The Best Lawyers in America by his peers for ten consecutive years. He has also been selected by Worth Magazine as one of "America's Top 100 Lawyers" for three consecutive years.

Mr. Hartog is the lead consulting editor for the Matthew Bender publication California Trust Litigation, released in March 2011. Mr. Hartog is a co-author of California Trust Practice, released by Matthew Bender in November 1996, and updated annually thereafter. Mr. Hartog is the lead consulting editor and a co-author for the Matthew Bender publication California Wills & Trusts, a multi-volume treatise; he is also a legal consultant to the California Wills and Trusts document assembly program. The treatise and document assembly program were originally released in September 1991 and have been updated annually thereafter. He is a past Executive Editor of the California Trusts & Estates Quarterly, the journal of the Trusts & Estates Section of the California State Bar.

Mr. Hartog has written numerous articles for a variety of professional publications. He has spoken widely on topics concerning trusts and estates law at professional continuing education programs from Boston to Honolulu, from Seattle to New Orleans, and throughout California.

Mr. Hartog is a member of the Alameda County, Contra Costa County, and American Bar Associations. Mr. Hartog is a member of the Tax Section and the Trusts & Estates Law Section of the State Bar of California. He is also a member of the Taxation Section, and Real Property, Probate and Trust Law Section of the American Bar Association. Mr. Hartog is admitted to practice before the California Supreme Court, the Ninth Circuit Court of Appeals, the United States Tax Court, the District of Columbia Court of Appeals, and the New York State Court of Appeals.

View All Books by John A. Hartog (6)

California Wills & Trusts (Treatise and Forms)

Featured Authors

John A. Hartog

Albert G. Handelman

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