Trust Administration and Taxation

VOLUME 1

PART I: EXISTENCE, VALIDITY AND INTERPRETATION

Chapter 1: Nature, Uses, and Purposes of Trusts
Chapter 2: Validity--Certainty
Chapter 3: Validity--Charitable Trusts
Chapter 4: Validity--Transfer to Trustee and Duties
Chapter 5: Validity--Settlor’s Reservation of Rights
Chapter 6: Validity--Perpetuities, Restraints on Alienation and Other Time Limits
Chapter 7: Accumulations and Income Undisposed of
Chapter 8: Validity--Conditions Imposed by Settlor
Chapter 9: Validity--Miscellaneous Matters
Chapter 10: Multi-State Trusts: Conflict of Laws
Chapter 11: Interpretation and Construction of Trust Instruments
Chapter 12: Interpretation--Effect of Decrees of Distribution
Chapter 13: Public Employee Retirement Systems: A Special Kind of Trust
Chapter 14: Special Types of Trusts

PART II: RIGHTS OF SETTLOR AND BENEFICIARIES—PRINCIPAL AND INCOME

Chapter 15: Successive Beneficiaries’ Rights Inter Se--Principal and Income Items
Chapter 16: Principal and Income (Cont.) The Element of Time--Right to Income as Between Successive Interests
Chapter 17: Principal and Income (Cont.) When Right to Income Begins
Chapter 18: Principal and Income (Cont.) Expenses--Depreciation
Chapter 19: Principal and Income (Cont.)--Certain Miscellaneous Matters

PART III: RIGHTS OF SETTLOR AND BENEFICIARIES GENERALLY

Chapter 20: Rights and Liabilities Generally of Beneficiaries
Chapter 21: Right of Settlor or Beneficiaries to Revoke or Otherwise Terminate Trust--Power of Amendment
Chapter 22: Termination of Trust Through Acceleration of Remainders--Acceleration Generally
Chapter 23: Nature of Beneficiary’s Rights Under Trust, and in Trust Property

PART IV: RIGHTS AND LIABILITIES OF THIRD PERSONS

Chapter 24: Rights of Creditors of Settlor and Beneficiary
Chapter 24A: Asset Protection Trusts
Chapter 25: Rights and Liabilities of Persons Dealing with Trustees--Liabilities of Trustees, Trust Estate and Beneficiaries on Trust Obligations

VOLUME 1A

PART V: RIGHTS, POWERS, DUTIES, AND LIABILITIES OF THE TRUSTEE

Chapter 26: Who May Be a Trustee--Capacity--Tenure--Succession
Chapter 27: Duties of Trustees
Chapter 28: Powers and Duties of Trustees--(Cont.) Various Powers
Chapter 29: Powers and Duties of Trustees (Cont.) Investments
Chapter 29A: Environmental Responsibilities of Fiduciaries
Chapter 30: Loss of Beneficiary’s Rights Against Trustee for Breach of Duty
Chapter 31: Trustees Under Corporate Trust Indentures
Chapter 32: Trustee’s Rights and Liabilities

PART VI: ACCOUNTINGS AND ACTIONS

Chapter 33: Effect of Orders Settling Accounts
Chapter 34: Actions by or Against Trustees
Chapter 35: Trustee’s Powers--Construction, Enlargement, Deviation

PART VII: POWERS OF APPOINTMENT

Chapter 36: Powers of Appointment

VOLUME 2

PART VIII: PROBLEMS OF TAXATION AFFECTING TRUSTS

Chapter 37: Considerations Affecting Adjudication of Tax Matters
Chapter 38: Estate Tax--Property Included in the Gross Estate
Chapter 38A: Generation-Skipping Transfer (“GST”) Tax
Chapter 38B: Special (Intrafamily) Transfer Valuation Rules
Chapter 39: Estate Tax--Exemptions, Credits and Deductions
Chapter 39A: The Marital Deduction
Chapter 40: Gift Tax--What Constitutes a Taxable Gift
Chapter 40A: Taxation of Younger Minors’ Income
Chapter 41: Gift Tax--Credits, Exemptions, Deductions
Chapter 42: Income Taxation of Trusts and Estates
Chapter 42A: Income Taxation of “Grantor Trusts”
Chapter 42B: Income Taxation of Foreign “Grantor” Trusts
Chapter 43: Income Taxation of Estates and Trusts: Exclusions, Credits and Deductions
Chapter 43A: Income Taxation of Estates and Trusts: Deductions Which Must Be Allocated Between Fiduciary and Beneficiary
Chapter 43B: Income Taxation of Estates and Trusts: Charitable Deductions
Chapter 44: Income and Deductions in Respect of Decedents
Chapter 45: Exempt Trusts--Employee Benefit Trusts and Plans: Fiduciary Duties
Chapter 46: Other Exempt Trusts
Chapter 47: Trustees’ Liabilities to Pay Others' Federal Taxes: Liens
Chapter 48: State Inheritance and Estate Taxes

VOLUME 3

PART VIII: PROBLEMS OF TAXATION AFFECTING TRUSTS

Chapter 49: Who Bears the Burden of Death Taxes
Chapter 50: The Conflict of Laws Between States in Taxation of Trusts
Chapter 51: Trust Litigation Patterns; Initial Communications With Attorneys
Chapter 52: Arrangements Between Attorney and Client: Scope; Compensation; Expenses
Chapter 53: Alternative Dispute Resolution (“ADR”) for Trusts
Chapter 53A: Planning the Tax Consequences of Trust Dispute Settlements
Chapter 54: Prelitigation Notices, Requests, Claims and Demands
Chapter 55: Preliminary Investigation Before Court Proceedings
Chapter 56: Trial--By Jury or By Court

PART IX: TRUST FORMS

Topical Index of Forms
Index