Lexis Nexis Wisconsin Estate Planning, Will Drafting and Estate Administration with Forms
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This work, authored by a Wisconsin attorney with over a decade of estate planning experience, is wide-ranging and up-to-date, with chapters on everything from choosing estate planning devices to valid will requirements to the role personal representatives and powers of attorney. Wisconsin Estate Planning, Will Drafting and Estate Administration with Forms is well organized and clearly written, making it an indispensable text for newcomers to the field as well as experienced practitioners.
The Appendix of Forms contains 17 key forms covering many typical estate planning tasks. The forms are designed for flexibility, with alternate and optional clauses throughout. Drafting notes are included to guide the reader's use of these optional and alternate clauses.
The 2023 edition ISBN is
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Table of contents
CHAPTER 1 – SELECTING APPROPRIATE ESTATE PLANNING DEVICES
§ 1.01 Estate Planning
§ 1.02 Estate Planning Professionals
§ 1.03 Major Considerations in Estate Planning
§ 1.04 Basic Estate Planning Arrangements
§ 1.05 Other Arrangements That Affect Estate Planning
§ 1.06 Planning for Probate or Probate Avoidance
§ 1.07 Intestate Succession
CHAPTER 2 - LOGISTICS OF THE ESTATE PLANNING PROCESS
§ 2.01 Client Information Sheet
§ 2.02 Client Interview
§ 2.03 Engagement Letter
§ 2.04 Counseling Client Concerning Dispositive Plan
§ 2.05 Document Preparation
§ 2.06 Selecting Witnesses for Will
§ 2.07 Execution and Storage of Will
§ 2.08 Counseling Client Regarding Need for Periodic Review of Estate Plan
CHAPTER 3 - OVERVIEW OF TRANSFER TAX SYSTEM
§ 3.01 Unified Transfer Tax System
§ 3.02 Computation of Gift Tax
§ 3.03 Computation of Estate Tax
§ 3.04 Taxable Gifts
§ 3.05 Gross Estate
§ 3.06 Taxable Estate
§ 3.07 Generation-Skipping Transfer Tax
§ 3.08 Income Tax Consequences of Donative Transfers
CHAPTER 4 - THE MARITAL DEDUCTION
§ 4.01 History and Operation of Marital Deduction
§ 4.02 Requirements to Qualify for Marital Deduction
§ 4.03 Noncitizen Spouses and Marital Deduction
§ 4.04 Terminable Interest Rule
§ 4.05 Planning for Use of Marital Deduction
§ 4.06 Estate Equalization
§ 4.07 Coordination of Marital Deduction and Unified Credit
§ 4.08 Division of Estate Into Marital and Nonmarital Shares
§ 4.09 Pecuniary Formula Clauses
§ 4.10 Fractional Formula Clause
§ 4.11 Form of Marital Deduction Gift
§ 4.12 Post-Mortem Strategies Affecting the Marital Deduction
CHAPTER 5 - RULES OF PROFESSIONAL CONDUCT FOR THE ESTATE PLANNING PRACTITIONER
§ 5.01 Scope
§ 5.02 Overview of Professional Responsibility
§ 5.03 Fundamental Issues
§ 5.04 Rules of Professional Conduct
§ 5.05 A Lawyer’s Responsibilities
§ 5.06 The Lawyer as Advisor
§ 5.07 The Lawyer as Intermediary
§ 5.08 Conflicts of Interest
§ 5.09 The Disabled Client
§ 5.10 Elements of the Client-Lawyer Relationship
CHAPTER 6 - REQUIREMENTS FOR VALID WILL
§ 6.01 Functions of Will
§ 6.02 Essential Characteristics
§ 6.03 Testamentary Capacity
§ 6.04 Undue Influence, Fraud, and Mistake
§ 6.05 Formalities
§ 6.06 Revocation
§ 6.07 Judicial Construction of Wills
§ 6.08 Codicils
CHAPTER 7 - ORGANIZATION OF WILLS
§ 7.01 Rules of Construction Affecting Organization of Will
§ 7.02 Drafting Considerations
§ 7.03 Arrangement of Will Provisions
CHAPTER 8 - DEVISES IN GENERAL
§ 8.01 Types of Property Dispositions Under a Will
§ 8.02 Ademption of Specific Devises
§ 8.03 Lapse
§ 8.04 Abatement
§ 8.05 Construction of Dispositive Provisions
§ 8.06 Interests That May Be Disposed of by Will
§ 8.07 Interests Not Subject to Testamentary Disposition
§ 8.08 Married Persons’ Interests Disposable by Will
§ 8.09 Powers of Appointment
§ 8.10 Payment of Debts
§ 8.11 Payment of Estate Taxes
CHAPTER 9 - CHARITABLE DEVISES
§ 9.01 The Charitable Deduction
§ 9.02 Planning Gifts to Public Charities
§ 9.03 Drafting Charitable Devises
§ 9.04 Private Foundations
§ 9.05 Pooled Income Funds
§ 9.06 Pour-Over to Inter Vivos Charitable Remainder Unitrust
§ 9.07 Application of Cy Pres Doctrine
CHAPTER 10 - DEVISEES
§ 10.01 Designation of Devisees
§ 10.02 Disqualification of Devisees
§ 10.03 Vesting of Title
§ 10.04 Outright Devise
§ 10.05 Devise in Trust
§ 10.06 Devise Under Wisconsin Uniform Transfers to Minors Act
§ 10.07 Nature and Purpose of Policy
§ 10.08 Right to Share in Estate
§ 10.09 Source of Unintentionally Omitted Child’s Recovery
§ 10.10 Application of Simultaneous Death Statute
§ 10.11 Survival of Heirs
§ 10.12 Devisee’s Survival of Testator
§ 10.13 Disposition of Jointly Owned Property
§ 10.14 Disposition of Insurance Proceeds
§ 10.15 Special Considerations Regarding Simultaneous Death of Spouses
§ 10.16 Reasons for Disclaiming Interests
§ 10.17 Who May Disclaim
§ 10.18 Interests That May Be Disclaimed
§ 10.19 Partial Disclaimer
§ 10.20 Statutory Procedure for Disclaimers Under the Wisconsin Uniform Disclaimer of Property Interests Act
§ 10.21 Effect of Valid Disclaimer
CHAPTER 11 - PERSONAL REPRESENTATIVES
§ 11.01 Choosing a Personal Representative
§ 11.02 Types of Administration and Personal Representatives
§ 11.03 Qualification of Personal Representative for Appointment
§ 11.04 Oaths, Bonds, and Domiciliary Letters
§ 11.05 Compensation and Expenses of Personal Representatives
§ 11.06 Duties of Personal Representative
§ 11.07 Ancillary Personal Representatives
CHAPTER 12 - TESTAMENTARY TRUSTS
§ 12.01 Testamentary Trust
§ 12.02 Testamentary Trust Compared to Inter Vivos Trust
§ 12.03 Dispositive Provisions
CHAPTER 13 - POWERS OF ATTORNEY FOR PROPERTY MANAGEMENT AND HEALTH CARE
§ 13.01 Characteristics of Durable Powers of Attorney
§ 13.02 Extent of Authority That May Be Granted to Attorney in Fact or Agent
§ 13.03 Selection and Compensation of Attorney in Fact or Agent
§ 13.04 Commonly Used Provisions
§ 13.05 Execution and Acknowledgment
§ 13.06 Acceptance by Third Parties
§ 13.07 Termination of Durable Power of Attorney for Property Management
§ 13.08 Alternatives to Durable Power of Attorney for Property Management
§ 13.09 Uses of Medical Power of Attorney
§ 13.10 Elements of Valid Medical Power of Attorney
§ 13.11 Statutory Form of Medical Power of Attorney
§ 13.12 Termination of Medical Power of Attorney
§ 13.13 Alternatives to Medical Power of Attorney
APPENDIX OF FORMS
Form 1.01 Client Info Sheet.
Form 1.02 Engagement Letter.
Form 2.01 Will for Single Individual (Basic).
Form 2.02 Will for Individual with Spouse or Partner (Basic) (WI).
Form 3.01 Revocable Trust for Single Individual (Separate Share Trusts for Children).
Form 3.02 Revocable Trust for Individual with Spouse or Partner.
Form 3.03 Revocable Trust for Married Individual (Marital QTIP Family Trusts and GST Tax Planning).
Form 3.04 RT for Individual with Spouse or Partner (Separate Share Trusts for Children).
Form 4.01 Special Needs Trust (Third-Party).
Form 4.02 Irrevocable Life Insurance Trust for Single Individual.
Form 4.03 Irrevocable Life Insurance Trust for Married Individual.
Form 5.01 Will for Ind w Spouse or Partner (Pour Over).
Form 5.02 Amendment to Revocable Trust.
Form 5.03 Certification of Trust.
Form 6.01 Marital Property Agreement.
Form 6.02 Partition and Exchange of Community Property.
Form 7.01 Funeral Representative Designation.
INDEX
