Friday, March 7, 2014
You can now preorder Texas Probate System (4th ed.), edited by James E. Brill and Russell W. Hall. Provided below is the description from Texas Bar Books:
The new 4th edition of the Texas Probate System is based on the new Texas Estates Code, which superseded the Texas Probate Code effective January 1, 2014. In the new Estates Code, sections of the Probate Code relating to decedents have been substantially reorganized and renumbered.
The new edition of the Texas Probate System—
- incorporates new Estates Code citations, terminology, and statutory requirements, including changes from the most recent legislative session
- adds procedures, including necessary forms and letters, for implementing independent administration by agreement in both testate and intestate estates.
The Texas Probate System will become the cornerstone of your probate law practice. From the initial contact with a client to the closing of the estate, this System will be in constant use, providing a step-by-step guide to the efficient handling of a decedent’s estate.
The Texas Probate System includes:
- Letters of a standard, routine, and repetitive nature
- Forms to be prepared for court proceedings
- Worksheets designed to guide you through proper decisions, to make calculations, or to maintain a single summary record of multiple related transactions
- Significant Date List to assist you in calculating and recording important dates for all proceedings
- Checkplan containing a checklist of all activities to be considered and performed in handling a decedent’s estate.
Sunday, February 23, 2014
The ABA Section of Real Property, Trust and Estate Law recently published a book entitled, The Advisor’s Guide to Long-Term Care, edited by R. David Watros and Erik T. Reynolds. Provided below is a description of this book:
Waiting to address long-term care needs until the point one actually needs care is too late, as it significantly impacts a client's financial situation, quality of life of their loved ones, and their ability to maintain their independence. Incorporating long-term care insurance into the financial plan can ultimately help protect assets reduce the burden of care that would otherwise fall on family members, and enable the client to receive care in the setting they most prefer, including their home. The Advisor's Guide to Long-Term Care looks at the full range of the topic, explaining how to best use it in the estate plan as a prudent risk-management choice.
Statistics point to the high probability that people are likely to need extended health care at some point in their life. The Advisor's Guide to Long-Term Care is intended to help estate planners and advisors to address these issues with their clients, establishing the issues and trends for care and covering all relevant issues involved in the funding and planning for this insurance. This helps the advisor establish a plan that will place the family back to where they were emotionally, physically, and financially, as best as possible prior to a long-term care event occurring.
Starting with the funding of long term care, one of the most essential important factors to consider, the authors clearly explain the different options for self-funding, governmental programs such as Medicare, Medicaid, veteran_s benefits, and the Federal Long-Term care insurance program, as well as other funding considerations. Tables and figures make the details involved in these choices clear and accessible.
Subsequent chapters examine key issues in long-term care insurance, legislation that has affected the insurance, such as HIPAA and the PPA, taxation, and issues to consider in selecting a long-term care insurance company. The authors consider using long-term care for estate planning and wealth preservation and a discussion of employer's options and benefits in establishing long-term care coverage for their employees.
Friday, February 21, 2014
Charlotte Goldberg recently published a book entitled, Community Property, (August 2013). Provided below is a description of the book from Aspen Law:
With a unique, comparative approach and a problem-based pedagogy, Community Property helps students grasp the different ways each community property state address issues. The book follows a hypothetical couple, presenting issues such as premarital agreements, separate property business, divorce, and the like, and shows how each of the nine community property states would analyze the problem with statutes and representative cases. Interesting, accessible, contemporary cases illustrate important principles, and helpful charts in every chapter summarize how each community property state treats the concepts. Author Charlotte Goldberg has over thirty years of teaching experience and writing expertise; she is the author of the successful Examples & Explanations: California Community Property, as well as numerous law review articles on family law and marital property. Community Property’s manageable length makes it perfect for two-credit courses. Well-crafted Problems and Discussion Questions help students test their knowledge and facilitate class discussion, and a comprehensive Teachers Manual includes answers to questions and problems as well as teaching suggestions.
Sunday, February 16, 2014
E. Michael Kilbourn recently published a new book entitled, Disinherit the IRS. Provided below is a description of this book:
Did You Know: You are worth only 60 percent of what you think you are worth. And because a little over 55 percent of Americans died last year without a will, families will lose roughly $1 trillion if they don’t disinherit the IRS.
Estate tax rates start at 40 percent (on estates over $5 million) and are indexed for inflation each year. And they are due within 9 months after you leave this world.
E. Michael Kilbourn shows you how to protect what it took you a lifetime to build and how to avoid the havoc estate taxes would reap on your loved ones. Mike will show you that death is not a taxable offense!
Special thanks to Jim Hillhouse (Professional Legal Marketing (PLM, Inc.)) for bringing this article to my attention.
Friday, January 17, 2014
The American Bar Association is currently selling the second edition of A Guide to International Estate Planning edited by Leigh-Alexandra Basha. Here is the description from the ABA Web Store:
With the explosive growth in international investments, more and more lawyers and financial advisors realize the acute need to properly address critical issues of international estate planning for their clients. Whether you are counseling a foreign national or an American citizen, whether your practice is in the U.S. or abroad, whether you want to develop a general expertise in the area or are confronted by these issues on a more frequent basis, A Guide to International Estate Planning is a necessary and practical resource to help you identify and navigate many of the complex planning and regulatory compliance issues, both legal and tax, involved in international estate planning.
In addition to providing a complete overview of the basic principles and procedures of international asset management from addressing the conflict of laws issues that are central in determining which country_s laws will govern the disposition of a donor or decedent_s wealth to the basic transfer tax rules for nonresident aliens, U.S. citizens, and resident aliens,_ this resource teaches you proven strategies, techniques, and practical applications you can use to effectively meet your client_s international estate planning needs. The book'_s 22 chapters are written by trust and estate lawyers with significant experience in international issues. Their advice goes beyond simply highlighting basic issues in estate planning as they also focus on key issues as compliance, treaty, choice of law, and estate administration problems. This updated edition now includes chapters on FATF and anti-money laundering and offshore compliance, as well as chapters from several foreign jurisdictions to provide comparative insights on different topics.
Tuesday, January 14, 2014
The State Bar Committee on Pattern Jury Charges recently published the 2012 edition of Texas Pattern Jury Charges – Family & Probate. Provided below is a description of the book from Texas Bar Books:
The 2012 edition of Texas Pattern Jury Charges—Family & Probate, incorporates, for the first time, pattern jury charges developed by the Pattern Jury Charges Probate subcommittee, encompassing will contests, express trusts, guardianship of adults, and involuntary commitments. While still offering the revised and updated family charges you’ve come to rely on, this edition includes four new chapters.
The assistance that this excellent resource offers extends beyond providing definitions, instructions, and questions useful for drafting charges in your jury trials. Many practitioners find it very helpful in preparing findings of fact and conclusions of law in nonjury cases and in identifying issues and evidence requirements in family and probate cases generally. Comments provide a ready reference to the source of each charge and instructions on when to use it.
Texas Pattern Jury Charges–Family & Probate digital product contains the entire book as a hyperlinked and word-searchable PDF file. All charge language is included as RTF files linked to the comments for quick retrieval and assembly of jury charges. Texas and federal case citations are linked to the online version of the Casemaker Web Library. Texas and federal statute citations are linked to the main code section cited via Casemaker online.
Saturday, December 7, 2013
Deborah L. Jacobs, lawyer and award-winning business journalist, has recently published the third edition of her excellent book, Estate Planning Smarts. This book, designed for a lay audience, is extremely well-written, practical, and accurate. It would make a great holiday present for almost anyone on your list!
Here is a description of the book:
There's been plenty of talk this year in Congress about the estate tax law. But don’t let all the talk obscure a basic fact of life: everyone, regardless of net worth, needs an estate plan. Estate Planning Smarts, by Deborah L. Jacobs, goes far beyond taxes to help you achieve all the goals that are the essence of estate planning.
Above all, estate planning is a way to take care of yourself and the people you love. It can minimize the hardships of your old age. If you are married or in any other committed relationship, estate planning is about leaving a financial cushion for your spouse or partner. It also includes providing funds for a child’s or a grandchild’s education, subsidizing less fortunate family members and benefiting charity. For parents of young children, estate planning is a way to make sure someone will care for them if you suddenly perish. Whatever might be happening in Washington, no one should postpone the necessary steps.
Regardless of your net worth, a good estate plan should accomplish these essential goals:
Caring for yourself by authorizing people to handle your affairs if you no longer can because of illness or disability
Specifying who gets what after you pass away
Providing for children who are minors or who have special needs.
In many estate plans, trusts play a crucial role. Although they are commonly associated with financing lavish lifestyles, they serve other key purposes. Trusts can be used to hold money for minors, forestall spendthrift family members, protect assets from former spouses or creditors, or even make provisions to care for pets that survive you.
Written for people who don’t want to leave their finances to chance, Estate Planning Smarts can help educate you before seeing financial advisers, during the estate planning process and later as your life circumstances change. An annotated Table of Contents, phrased in terms of personal or financial goals, doubles as a checklist.
Monday, November 4, 2013
Millions of Americans manage money or property for a loved one who is unable to make financial decisions.
The Consumer Financial Protection Bureau has released four booklets to help financial caregivers with these often overwhelming duties. These guides walk financial caregivers through their duties, alert them of scams, and provide sources they can go to for help. These Managing Someone Else’s Money guides are for agents under:
See Naomi Karp, Managing Someone Else’s Money, Consumer Financial Protection Bureau, Oct. 29, 2013.
Saturday, November 2, 2013
Steve R. Akers, Bernard E. Jones, and R.J. Watts, II recently published a book entitled, Wills Road Map: Practical Considerations in Will Drafting. Provided below is a description of the book from Texas Bar Books:
Wills Road Map: Practical Considerations in Will Drafting began life as the well-known seminar paper “Anatomy of a Will” from the TexasBarCLE seminar Building Blocks of Wills, Estates and Probate. Intended for both general practitioners who occasionally prepare wills for their existing clients as well as for experienced estate planning attorneys, Wills Road Map brings together legal concepts from wills, probate, and trust law to provide expert guidance in properly assembling a will.
Featuring a basic discussion of estate tax planning, with a focus on various state law issues, Wills Road Map also addresses principles that can affect the will beyond the language of the will itself. Other subjects include doctrines affecting the validity of the will and a review of the legal significance and effect of the many specific wills provisions. Helpful appendixes include a checklist and sample wills forms.
Wills Road Map: Practical Considerations in Will Drafting digital product is included with purchase and contains the entire book as a hyperlinked and word-searchable PDF file. All tables of contents, cross-references, and indexes are linked to substantive text within the file. Texas and federal case and statute citations are linked to online versions in the Casemaker Web Library.
Tuesday, October 29, 2013
Melinda Gustafson Gervasi is releasing a new book entitled, Middle Class Philanthropist: How Anyone Can Leave a Legacy. Provided below is a description of the book:
To be released November 1, 2013! Predating democracy, capitalism, organized religion, and as old as humanity itself, philanthropy exists because things often go wrong, and things can always be better in our world. Nothing about philanthropy requires a person to have excessive amounts of money to make a difference. In Middle Class Philanthropist: How anyone can leave a legacy, Melinda Gustafson Gervasi redefines the conventional view of philanthropy, providing simple and practical tools by which anyone can leave a legacy.
Melinda Gustafson Gervasi is a writer and attorney living in Madison, Wisconsin with her husband and two children. Her legal practice aims to provide warmth and compassion along with solid legal advice to clients planning for their immediate needs as well as the distant future in the areas of estate planning and probate. She also maintains two different blogs: Illness, Death, and Taxes for the Middle Class and The Upside of Frugal.