This complete set of California Wills & Trusts products provides you with analysis, practical guidance, and forms, as well as an automated drafting system. 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 software 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.
The California Wills & Trusts Drafting System Software operates on the HotDocs®
platform, bringing greater flexibility and ease of use to our extensive collection of forms. The Drafting
System is a fully automated document assembly product that enables you to create wills, trusts, powers
of attorney and related documents by completing an electronic client interview that contains all the
specific information the program needs to assemble the appropriate documents, including:
• Wills
• Codicils
• Revocable trusts
• Irrevocable trusts
• Financial powers of attorney
• Health care powers of attorney
• Letters and forms for clients
• And much, much more!
A final document is generated in either Word or WordPerfect so you can make changes and tweaks, plus you
can modify the language in the program for custom phrasing or conditions. Standard and specialized forms are
included to address a wide variety of testators' intentions and situations, including forms tailored for
Registered Domestic Partners.
Free telephonic and web-based training is included, and tutorials on the disc walk you through the steps
so you can use the software with confidence.
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
CALIFORNIA WILLS & TRUSTS (DRAFTING SYSTEM)
Hardware Requirements for Running HotDocs
• 900 MHz processor (2GHz, recommended)
• 1 GB RAM
• 300 MB hard disk storage
• HP LaserJet or similar printer (For the most reliable results, use a PCL-based printer with
at least 8 MB RAM.)
Software Requirements for Running HotDocs
• Microsoft Windows 7, Windows Vista, Windows XP, or Windows 2000 SP4
• Microsoft Internet Explorer 6.0 or later
• Microsoft Word 2007, 2003, XP, 2000, or 97; or Corel WordPerfect X4, X3, 12, 11, 10, 9, or 8
(Microsoft Word 97 is not supported for use with HotDocs on Windows Vista; WordPerfect X3 SP2 and
WordPerfect X4 are the only versions of WordPerfect supported for use on Windows Vista.)
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.