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| Acknowledgments | |
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| Introduction | |
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| Introduction to the Duties of the Executor | |
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| Legal Language | |
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| The Responsibilities of the Executor | |
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| Fiduciary Duty | |
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| Liability of Executor for Breach of Fiduciary Duty | |
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| Co-Executors | |
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| Out-of-State Executor or Out-of-Area Executor | |
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| Executor Can Decline to Serve | |
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| Executor's Fees and Expenses | |
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| Negotiation of Executor's Fees | |
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| Income Tax on Executor's Fees | |
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| Power of Attorney | |
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| Checklist: First Tasks | |
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| The Will | |
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| Types of Wills | |
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| Additions or Changes to the Will | |
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| Custody of the Original Will | |
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| Lost Will | |
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| Stale Will | |
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| Withholding the Will | |
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| Evaluation of the Will | |
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| Application of State Law and Interpretation of the Will | |
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| Powers Granted in the Will | |
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| Reading of the Will and the Family Interview | |
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| Checklist: Next to Do | |
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| Opening Court Proceedings | |
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| Why Probate Is Necessary | |
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| Choice of Probate Proceedings | |
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| Estate Attorney | |
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| Attorney's Fees | |
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| Is a Bond Necessary? | |
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| Decedent's Name | |
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| Probate Timetable | |
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| Checklist: Opening Court Proceedings | |
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| Identifying All Interested Persons | |
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| Interested Persons | |
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| Legal Proceedings to Determine Heirs and Beneficiaries | |
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| Minors, Disabled Persons, and Beneficiaries in Military Service | |
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| Legal Notice Required | |
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| When Is Legal Notice Required? | |
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| Waivers of Notice | |
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| Publication of Notice | |
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| Checklist: Identify and Notify | |
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| Guardians, Conservators, Custodians, and Trustees | |
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| Who Needs a Guardian? | |
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| Appointment of a Guardian for a Minor Child | |
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| Appointment of a Guardian for a Disabled Adult | |
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| When Decedent Was Guardian of Another Person | |
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| Duties of the Guardian | |
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| Who Needs a Conservator? | |
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| Appointment of a Conservator for a Minor Child or Disabled Adult | |
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| Duties of a Conservator | |
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| Distribution to an Adult Who Has Not Previously Been Judged Disabled | |
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| Custodian under the Uniform Transfers to Minors Act | |
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| Trusts for Minors and Disabled Adults | |
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| Checklist: Guardians, Conservators, Custodians, and Trustees | |
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| Inventory and Valuation of Assets | |
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| Introduction to Identifying Assets | |
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| Discovery of Assets | |
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| Where to Look for Assets | |
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| Confirmation of Asset Ownership, Asset Description, and Value | |
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| Ownership Modes | |
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| Valuation and Appraisal | |
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| Organizing Information about Assets | |
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| Checklist: Inventory and Valuation | |
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| Management of Assets | |
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| Management Plan | |
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| Need for Immediate Action | |
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| Use and Occupancy of Estate Assets | |
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| Secure Personal Items | |
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| The Obituary | |
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| Insurance to Protect Estate Assets | |
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| Safe Deposit Box | |
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| Protection of Valuable Papers | |
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| Payment of Bills | |
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| Cash Requirements of the Estate | |
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| Estate Checking Account | |
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| Joint Tenancy Accounts Used to Pay Expenses | |
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| Accounting | |
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| Early Distribution of Assets | |
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| Death Certificates | |
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| Letters Testamentary | |
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| Decedent Was a Fiduciary | |
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| Retitling Assets | |
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| Investment of Estate Assets | |
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| Investments Purchased by Decedent | |
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| Checklist: Management of Assets | |
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| Sale of Assets | |
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| Duty to Not Self-Deal | |
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| Accounting for Sale | |
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| Minimum Sale Price | |
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| How to Set the Price | |
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| Sale of Personal Property | |
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| Distribution of Personal Property to Family Members | |
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| Sale of Real Estate | |
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| Checklist: Sale of Assets | |
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| Claims and Demands on Decedent's Estate | |
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| Notice to Creditors | |
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| All Claims Must Be Exhibited by Creditors | |
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| Approval and Payment of Claims | |
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| Types of Claims and Demands on Estate | |
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| Insolvent Estates | |
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| Schedule of Abatement | |
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| Accounting for Payments and Abatement | |
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| Warning about Specific Gifts in a Will | |
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| Checklist: Creditors | |
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| Taxes | |
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| Income Tax for the Beneficiaries, Devisees, and Legatees | |
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| Basis Step-Up | |
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| Filing Tax Returns for the Decedent and the Estate | |
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| IRS Forms SS-4 and 56 | |
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| Decedent's Income Tax Returns | |
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| Estate's Income Tax Returns | |
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| Federal Estate Tax Return | |
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| Generation-Skipping Transfer Tax | |
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| State Inheritance, Succession, or Estate Tax Return | |
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| Consent to Transfer | |
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| Elections and Options | |
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| Elections Presented in the Federal Tax Code | |
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| Elections and Options Not Presented in the Federal Tax Code | |
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| Who Pays the Taxes? | |
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| Liability of Executor for Tax Decisions | |
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| Checklist: Taxes | |
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| Special Considerations | |
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| Disclaimers | |
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| Pre-Marital and Post-Marital Agreements | |
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| Survival Clauses | |
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| Simultaneous Death Clauses | |
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| Settlement Agreements | |
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| In Terrorem Clauses | |
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| Testamentary Trusts | |
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| Living Trusts | |
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| Checklist: Special Considerations | |
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| Final Settlement, Distribution of Assets, and Discharge of the Executor | |
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| Determination of the Estate to Be Distributed | |
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| Claims and Demands on the Estate | |
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| Types of Claims and Demands | |
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| Abatement of Gifts to Pay Debts, Taxes, and Expenses | |
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| Classes of Gifts | |
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| Limits to the Distribution of the Estate | |
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| Process for Determining Distribution | |
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| Petition and Order for Final Settlement | |
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| Transfer Assets to New Owners | |
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| Instructions for Transfer of Specific Types of Assets | |
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| Receipt and Refunding Agreements | |
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| Distribution of Household and Personal Property | |
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| Distribution to Minors and Disabled Persons | |
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| Distribution to Trustee | |
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| Closing the Estate and Discharging the Executor | |
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| After Discharge | |
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| Reopening the Estate | |
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| Checklist: Final Settlement, Distribution of Assets, Closing of the Estate, and Discharge of the Executor | |
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| Probate Timetable: Court Proceedings | |
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| Timetable Necessary for All Estates | |
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| Proposed Method for Distribution of Personal and Household Items | |
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| Worksheets and Forms | |
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| Summary of Assets | |
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| Types of Assets | |
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| A Survey of Specific Types of Assets | |
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| Annuities | |
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| Antiques | |
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| Art | |
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| Automobiles and Other Motor Vehicles | |
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| Bonds (Corporate Bonds, Municipal Bonds, U.S. Government and Agency Bonds) | |
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| Cash and Uncashed Checks | |
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| Cemetery Lots | |
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| Death Benefits | |
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| Debts Owed to the Decedent | |
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| Deposit Accounts | |
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| Devises, Legacies, and Inheritances from the Estate of Another | |
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| Family Memorabilia, Photographs, and Videos | |
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| Gifts Made before Death (within Three Years of Date of Death) | |
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| Gift Tax Paid Three Years Prior to Date of Death | |
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| Goods in Storage | |
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| Income-in-Respect of Decedent | |
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| Intangible Personal Property | |
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| Jewelry | |
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| Joint Interests | |
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| Judgments | |
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| Lawsuit | |
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| Life Insurance | |
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| Mutual Funds | |
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| Oil, Gas, and Other Mineral Interests | |
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| Personal and Household Effects (See also Family Memorabilia) | |
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| Pets | |
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| Promissory Note | |
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| Real Property | |
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| Refunds | |
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| Retirement Plans | |
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| Stocks | |
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| Tangible Personal Property | |
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| Trusts | |
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| Questions to Ask Your Attorney | |
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| Chapter 1 | |
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| Chapter 2 | |
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| Chapter 3 | |
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| Chapter 4 | |
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| Chapter 5 | |
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| Chapter 6 | |
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| Chapter 7 | |
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| Chapter 8 | |
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| Chapter 9 | |
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| Chapter 10 | |
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| Chapter 11 | |
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| Chapter 12 | |
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| Glossary | |
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| Index | |