California Wills and Trusts: Treatise
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This clear, practical guide to planning, drafting, interpreting, and executing wills and trusts in California explains both the law and underlying estate and tax planning concepts.
There is extensive coverage of wills, testamentary and inter vivos trusts (both revocable and irrevocable), durable powers of attorney, tax laws affecting estate planning, and laws governing the disposition of estates. Key sections are cross-referenced to the related forms and software in the California Wills & Trusts series.
• Incorporates recent legislative enactments and revisions of the Probate Code.
• Up-to-date citations and references to California statutes and cases.
• Drafting guidance, including the advantages and disadvantages of specific trust and will provisions.
• Efficient office procedures for preparation, execution and storage of wills and trust documents.
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Table of contents
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]
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]
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]
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]
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