The executor's guide Settling a loved one's estate or trust
Book - 2004
Saved in:
- Subjects
- Genres
- Law for laypersons
- Published
-
Berkeley, Calif. :
Nolo
[2004]-
- Language
- English
- Other Authors
- Physical Description
- volumes : illustrations ; 23 cm
- Publication Frequency
- Biennial.
- Bibliography
- Includes index.
- ISBN
- 9781413331745
- ISSN
- 19396880
- Part I. Getting Ready
- The Executor's Legal Companion
- How This Book Can Help
- 1. Overview
- What Executors Do
- If You're a Trustee
- Your Legal Duty
- Payment for Serving as Executor
- Dealing With Emotions-Yours and Your Relatives'
- 2. If You're Asked to Be an Executor
- Should You Accept the Job?
- Making the Job Manageable
- Part II. First Steps
- 3. The First Week
- Organ, Tissue, and Body Donation
- Death Certificate and Medical Certification
- Autopsy
- Burial or Cremation
- Funerals and Memorial Services
- Other Tasks During the First Few Days
- 4. The First Month
- Set Up a Filing System
- Order Copies of the Death Certificate
- Find the Will
- Find Other Documents That Leave Property
- Send Notifications of the Death
- Keep Property Secure
- Sort Through Personal Belongings
- 5. Claiming Life Insurance, Social Security, and Other Benefits
- Life Insurance and Annuity Proceeds
- Social Security Benefits
- Pensions
- Veterans Benefits
- Wages Owed to the Deceased Person
- The Family Allowance and Other Allowances
- Other Possible Benefits and Claims
- Part III. Taking Care of the Estate
- 6. Making Sense of the Will
- Does the Will Appear Valid?
- Reading the Will
- Gifts to Groups of People
- Disinheritance
- Events That Affect Who Inherits
- 7. When There's No Will
- Who's in Charge
- Who Gets What: The Basic Rules
- Understanding Key Terms
- If an Heir Has Died
- Taking Care of Minor Children
- 8. Taking Inventory
- Step 1: Look for Assets
- Step 2: Make a List of Assets
- Step 3: Estimate the Value
- Step 4: Add Up Debts
- Step 5: Determine How Title Was Held
- 9. Managing Assets and Paying Bills
- Your Legal Duties
- Keeping Good Records
- Setting Up an Estate Bank Account
- Managing Tangible Assets
- Managing Cash Accounts and Investments
- Digital Assets
- Paying Claims and Debts
- Giving Property to Beneficiaries
- Selling Assets
- Handling a Business
- 10. Caring for Children and Their Property
- Immediate Concerns
- Raising a Child
- Managing a Child's Property
- Personal and Practical Issues
- 11. Taxes
- Overview
- The Deceased Person's Income Tax Return: Form 1040
- The Estate's income Tax: Form 1041
- Federal Estate Tax
- State Inheritance and Estate Taxes
- Other Taxes
- Taxes Paid by Beneficiaries
- Examples
- Part IV. Transferring Property
- Property That Doesn't Go Through Probate
- Common Assets That Don't Go Through Probate
- Joint Tenancy Property
- Tenancy by the Entirety Property
- Community Property
- Property Held in a Living Trust
- Salary or Wages
- Payable-on-Death Bank Accounts
- Life Insurance Proceeds
- Retirement Accounts
- Health Savings Accounts
- Securities Registered in Transfer-on-Death Form
- Savings Bonds
- Vehicles
- Pension Plan Distributions and Other Death Benefits
- Real Estate left by a Transfer-on-Death Deed
- Personal Property That Can Be Claimed With a Small Estate Affidavit
- 13. Transferring Joint Tenancy and Other Survivorship Property
- Real Estate
- Bank Accounts
- Securities
- Brokerage Accounts, Mutual Funds, or Money Market Funds
- Stock or Bond Certificates
- Vehicles
- Savings Bonds
- If Title Wasn't Cleared When the First Joint Tenant Died
- 14. Transferring Community Property
- Your Transfer Options
- Survivorship Community Property
- Community Property Survivorship Agreements
- State Probate Shortcuts
- When the Second Spouse Dies
- 15. Claiming Money in Retirement Plans
- Retirement Plans: The Basics
- Who's the Beneficiary?
- If the Surviving Spouse Is the Beneficiary
- Nonspouse Beneficiaries
- Special Rules for Multiple Beneficiaries
- If a Trust Is the Beneficiary
- If the Beneficiary Has Died
- If No Beneficiary Was Named
- If the Estate Is the Beneficiary
- 16. Claiming Payable-on-Death Assets
- If the Asset Was Co-Owned
- The Effect of Divorce on POD Beneficiaries
- How Beneficiaries Can Claim Assets
- 17. Special Procedures for Small Estates
- Are You Handling a Small Estate?
- Claiming Property With Affidavits
- Using Simplified Probate
- 18. The Regular Probate Process
- Common Questions About Probate
- The Typical (Formal) Probate Process
- The Process in States That Offer Informal Probate
- Probate in Another State (Ancillary Probate)
- Disputes During Probate
- Do You Need a Lawyer?
- If You Co It Alone: Working With the Court
- Part V. Getting More Help
- 19. Finding More Information
- Your Local Court's Website
- Libraries
- Government Websites
- Law Firm and Other Private Websites
- Finding Forms
- Finding Definitions
- Researching Specific Questions
- Try an Internet Search
- 20. Lawyers and Other Experts
- When to Get Help
- Deciding What You Want From a Lawyer
- Finding a Lawyer
- Choosing a Lawyer
- Working With a Lawyer
- Paying a Lawyer
- Solving Problems With Your Lawyer
- Glossary
- Appendixes
- A. State Information
- B. How to Use the Downloadable Forms on the Nolo Website
- Editing RTFs
- Forms Available on the Nolo Website
- Index