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California Wills & Trusts (Treatise and Forms)

California Wills & Trusts (Treatise and Forms)

Treatise and Forms provide legal analysis, practical insight, and drafting assistance for wills, trusts, and related instruments.


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Publisher :Matthew Bender
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    This exclusive bundle contains two of the most important LexisNexis products from the California Wills & Trusts series for California estate planning practitioners, California Wills & Trusts treatise and California Wills and Trusts Forms, 3 volumes each. Streamline your drafting process with the indispensable resources and functionality of this bundle at one low price. These complimentary products include cross-references to one another so you can refer easily to the Treatise while using the Forms and easily find the appropriate forms and clauses when researching an issue.

    The California Wills & Trusts Treatise is a clear, practical 3-volume looseleaf guide to planning, drafting, interpreting, and executing wills and trusts in California that explains the law and underlying estate and tax planning concepts. First published in 1991 and updated annually, inside you'll find extensive coverage of:

    • Wills
    • Testamentary and inter vivos trusts (both revocable and irrevocable)
    • Durable powers of attorney
    • Tax laws affecting estate planning
    • Laws governing the disposition of estates
    • Cross references to Drafting System.

    The California Wills & Trusts Forms is a full set of up-to-date forms for California practitioners organized for maximum user convenience. The set contains complete forms for wills and trusts (including revocable and irrevocable inter vivos trusts, life insurance trusts, charitable trusts, "special needs" trusts, and others), forms for additional provisions, and related items including client questionnaires, letters, codicils, durable powers of attorney, and waivers of marital rights. Specialized forms are included for Registered Domestic Partners. A unique numbering system lets you find what you are looking for quickly and easily.

    CALIFORNIA WILLS & TRUSTS (TREATISE)

    VOLUME ONE

    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]

    II. WILLS

    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]

    VOLUME TWO
    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]

    III. TRUSTS

    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]

    VOLUME THREE

    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

    Index

    CALIFORNIA WILLS & TRUSTS (FORMS)

    FORMS VOLUME ONE 

    DIVISION I Complete Inter Vivos Trusts 

    A Nonformula Trusts--Sole Settlor 

    B Nonformula Trusts--Joint Settlors 

    C Formula Trusts--Sole Settlors 

    D Formula Trusts--Joint Settlors 

    E Irrevocable Trusts 

    F Miscellaneous Trusts

     

    Division II Individual Inter Vivos Trust Provisions 

    1 Creation Of Trust 

    2 Trust Estate 

    3 Rights And Powers Of Settlor(s)


    FORMS VOLUME TWO 

    Division II Individual Inter Vivos Trust Provisions (Cont'd) 

    4 Payments and Distributions 

    5 Trustee 

    6 Concluding Provisions 

    7 Execution 

     

    Division III Complete Will Forms 

    A Wills for Unmarried Persons 

    B Wills for Married Persons 

    C California Statutory Will 

    D Wills for Registered Domestic Partners

     

    Division IV Individual Will Provisions 

    10 Declaration Clause 

    20 Introductory Provisions 

    30 Particular Devises 

    40 Residuary Provisions


    FORMS VOLUME THREE 

    Division IV Individual Will Provisions (Cont'd) 

    50 Trust Distributions 

    60 Executor 

    70 Trustee 

    80 Guardian 

    90 Concluding Provisions 

    100 Signature And Attestation Clause

     

     Division V Complete Codicils 

     VI Individual Codicil Provisions 

    Division VII Complete Durable Powers Of Attorney 

     

    Supplementary Documents 

    Division VIII Trust Funding and Other Related Documents 

    Division IX Miscellaneous Estate Planning Documents 

     

    Index

     

    John A. Hartog


    John A. Hartog, Esq. is in private practice in Orinda, California, and is a California certified specialist in Taxation Law and in Estate Planning, Trust and Probate Law. Mr. Hartog is the co-author of Matthew Bender's California Trust Practice (with George R. Dirkes) and an editorial consultant on Matthew Bender's California Wills & Trusts. He earned his B.A., cum laude, from Pomona College in 1974; his J.D. degree from Hastings College of the Law, University of California, in 1979; and an LL.M. (Taxation) from Golden Gate University in 1984. He writes and speaks frequently on numerous issues involving trusts and estates practice.

    Albert G. Handelman


    Mr. Handelman is a member of the State Bar of California and practices with Spaulding McCullough & Tansil LLP in Santa Rosa, California, and is certified by the State Bar of California Board of Legal Specialization as a specialist in Estate Planning, Trust and Probate Law. He is the co-author of Matthew Bender?s California Wills & Trusts series. He also provides commentaries on estate planning and administration topics for California Legal Forms (Matthew Bender).He received his B.S. degree, cum laude, from the Wharton School, University of Pennsylvania, and his J.D. degree from the University of Southern California.

    John A. Hartog


    John A. Hartog, Esq. is in private practice in Orinda, California, and is a California certified specialist in Taxation Law and in Estate Planning, Trust and Probate Law. Mr. Hartog is the co-author of Matthew Bender's California Trust Practice (with George R. Dirkes) and an editorial consultant on Matthew Bender's California Wills & Trusts. He earned his B.A., cum laude, from Pomona College in 1974; his J.D. degree from Hastings College of the Law, University of California, in 1979; and an LL.M. (Taxation) from Golden Gate University in 1984. He writes and speaks frequently on numerous issues involving trusts and estates practice.

    Albert G. Handelman


    Mr. Handelman is a member of the State Bar of California and practices with Spaulding McCullough & Tansil LLP in Santa Rosa, California, and is certified by the State Bar of California Board of Legal Specialization as a specialist in Estate Planning, Trust and Probate Law. He is the co-author of Matthew Bender?s California Wills & Trusts series. He also provides commentaries on estate planning and administration topics for California Legal Forms (Matthew Bender).He received his B.S. degree, cum laude, from the Wharton School, University of Pennsylvania, and his J.D. degree from the University of Southern California.

     

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