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ESTATE PLANNING FAQs
I) Estate Planning Overview
What is Estate Planning?
II) An Introduction to Wills
Frequently Asked Questions about Wills
What Happens if You Die Without A Will?
What A Will Does
What A Will Does Not Do
How To Execute a Will
Types of Non-probate Property
Jointly Owned Property
Trusts
Annuities and Retirement Benefits
Life Insurance
III) Revocable Trusts
What is a Revocable Living Trust?
IV) Power-of-Attorney
Questions Regarding Power-of-Attorney
Introduction
Who Should Be Your Agent?
How The Agent Should Sign?
Beyond Signing Checks
State Laws Vary
What if I move?
Will my Power of Attorney expire?
V) Living Wills, Health Care Proxies, and Advance Health Care Directives
Questions Regarding Living Wills
Introduction
Living Wills
Health Care Proxy
Why Have Health Directives?
Obtaining and Maintaining Living Wills and Health Care Proxies
Organ and Tissue Donation
Communication is the Key
Other Resources on Living Wills
VI) The Probate Process
What is Probate?
Should you Avoid Probate?
VII) Planning With Retirement Benefits
Income Taxation of Qualified Plans and IRAs
Distribution of Plan Assets to the Participant
Distribution of Plan Assets After the Participant's Death
Estate Tax Considerations
Planning Considerations
VIII) Guidelines for Individual Executors and Trustees
Introduction
Understanding The Will
Is Probate Necessary?
Managing Estate Assets
Handling Debts & Expenses
Funding the Bequests
Trust Administration
Closing the Estate
Common Questions
IX) The Lawyer's Role
What is the Lawyer's Role?
X) Who We Are
About the Section of Real Property, Trust and Estate Law
XI) Tax Changes From 2001
Changes to Federal Estate Taxes 2004-2010
Disclaimer
Disclaimer of Liability: This site is provided as a public service by the ABA Section of Real Property, Trust and Estate Law. While the information on this site is about legal issues, it is not legal advice or legal representation. Because of the rapidly changing nature of the law and our reliance upon outside sources, we make no warranty or guarantee of the accuracy or reliability of information contained herein or at other sites to which we link. We assume no responsibility for any information, advice or services provided by any site to which we link.
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* Estate Planning Overview
* An Introduction to Wills
* Revocable Trusts
* Power-of-Attorney
* Living Wills, Health Care Proxies, and Advance Health Care Directives
* The Probate Process
* Planning With Retirement Benefits
* Guidelines for Individual Executors and Trustees
* The Lawyer's Role
* Who We Are
* Tax Changes From 2001
* Disclaimer
* Send us your Feedback!
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If you're already an ABA member, simply add the Section of Real Property, Trust and Estate Law to your membership. The Section dues are $55 annually. Use your ABA membership ID to log in to the ABA website. Your password is your last name in lowercase letters. To join by phone or mail, contact the ABA Service Center at 800-285-2221 to speak with a membership representative. You must first be a member of the ABA to join the Real Property, Trust and Estate Law Section.
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The Real Property, Trust and Estate Law Section is a leading national forum for lawyers, and currently has over 30,000 members. The Real Property Division focuses on legal aspects of property use, ownership, development, transfer, regulation, financing, taxation and disposal. The Trust and Estate Division focuses on all aspects of trusts, estate planning, employee benefits, insurance, and probate and trust litigation.
Upcoming Meetings and Events
Join Us in NYC!
ABA Annual Meeting
August 7 - 12, 2008
_______________________________________
Network with Colleagues and Earn CLE Credits
in San Francisco!
2008 Joint Fall CLE Meeting
September 11 - 13, 2008
More Upcoming Meetings and Events
Practical Aspects of Special Needs Planning: Part 3: Proceed with Caution - Things to Watch
September 9, 2008 - September 9, 2008
Location: N/A
Format: Webcast/ Teleconference
2008 Joint Fall CLE Meeting
September 11, 2008 - September 13, 2008
Hyatt Regency San Francisco
San Francisco, CA
Format: Live/In-Person
Wrangling Over Water Rights
September 17, 2008 - September 17, 2008
Location: N/A
Format: Teleconference
Recent Government Submissions and Reports
Trust and Estate
Business Planning Group
Comments on Alternate Valuation Proposed Regulations under § 20.2032-1(f)(1)
Income & Transfer Tax Planning Group
Comments to Notice 2008-32
Estate and Gift Tax Committee
American College of Trust and Estate Council
Charitable Planning and Organizations
Comments in response to the Internal Revenue Services notice of proposed rulemaking concerning Internal Revenue Code Sections 509 and 4943.
RPTE News
Real Property, Trust & Estate Legal News
Art of the Sale
Aug 1, 2008, 08:15 am CDT
More Laws Needed to Protect Residents from California Wildfires
Jul 31, 2008, 11:55 am CDT
Heeeeeere’s Another Lawsuit! Ed McMahon Owes $275K, Law Firms Say
Jul 31, 2008, 10:53 am CDT
Alston & Bird Merges with L.A. Firm, Opens Office With Akin Gump Lawyers
Jul 30, 2008, 10:24 am CDT
How One Borrower Escaped ‘Foreclosure Hell’ Without Being Burned
Jul 28, 2008, 06:22 am CDT
Meet Judge Arthur Schack, Foreclosure Watchdog
Jul 28, 2008, 05:56 am CDT
Housing Bailout Bill Offers Handouts to Most Homeowners
Jul 25, 2008, 06:39 pm CDT
From the ABA Journal
What's New
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Probate and Property Magazine RPTE eReport RPTE Journal
RP Books TE Books
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More Membership Benefits
RPTE Committees of the Month!
Trust and Estate Committee of the Month
Elder Law, Disability Planning and
Bioethics Group
The Elder Law, Disability Planning and Bioethics Group prepared a program for the 2008 Spring Symposia, “The Fertile Octogenarian Revisited: Romance Late in Life, its Financial Implications and the Right to Physical Intimacy in the Nursing Home.” The program explored the issue of sexually active seniors, as well as the legal implications. For more information, click here.
Real Property Committee of the Month
Ground Leasing Committee
The Section had formed a new committee for ground leasing professionals. The committee already has 45 members and is gathering real property ground leasing ideas and projects for implementation in 2008.
More Real Property Groups | More Trust and Estate Groups
Insurance for Lawyers by Lawyers
Learn about insurance and charitable giving plans exclusively available to ABA members.
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