| Introduction: How to Use This Book | |
| A | How This Book Works | 3 |
| B | Will You Need Professional Help? | 4 |
| C | Other Nolo Resources | 5 |
| Part I | Setting Your Goals | |
| 1 | Selecting Your Estate Planning Goals | |
| Part I | Setting Your Goals | 2 |
| Part II | Laying the Groundwork | 2 |
| Part III | Children | 4 |
| Part IV | Wills | 4 |
| Part V | Probate and How to Avoid It | 5 |
| Part VI | Understanding Estate and Gift Taxes | 6 |
| Part VII | Reducing or Eliminating Estate Taxes | 8 |
| Part VIII | Imposing Controls Over Property | 9 |
| Part IX | Taking Care of Personal Issues | 9 |
| Part X | Family Business Estate Planning | 11 |
| Part XI | Going Further | 11 |
| Part XII | Sample Estate Plans | 11 |
| 2 | Personal Concerns and Estate Planning | |
| A | Avoiding Conflict | 2 |
| B | Leaving Unequal Amounts of Property to Children | 5 |
| C | Providing Care for Minor Children | 7 |
| D | Subsequent Marriages | 8 |
| E | Long-Term Care for a Child With Special Needs | 10 |
| F | Concerns of Unmarried Couples | 11 |
| G | Worries About the Effect of Inheriting Money | 12 |
| H | Disinheriting People, Including Children | 13 |
| I | Communicating Your Decisions to Family and Friends | 14 |
| Part II | Laying the Groundwork | |
| 3 | Special Property Ownership Rules for Married People | |
| A | What You Need to Know | 3 |
| B | Marital Property in Community Property States | 5 |
| C | Marital Property in Common Law States | 8 |
| D | Moving to a Different State | 10 |
| 4 | Inventorying Your Property | |
| A | Instructions for the Property Inventory Worksheet | 2 |
| B | Your Property Worksheet | 10 |
| 5 | Your Beneficiaries | |
| A | Types of Beneficiaries | 3 |
| B | Primary Beneficiaries | 3 |
| C | Life Estate Beneficiaries and Final Beneficiaries | 6 |
| D | Alternate Beneficiaries | 6 |
| E | Residuary Beneficiaries | 7 |
| F | Gifts Shared by More Than One Beneficiary | 7 |
| G | Establishing a Survivorship Period | 8 |
| H | Explanations and Commentary Accompanying Gifts | 8 |
| I | Disinheritance | 9 |
| J | Simultaneous Death | 10 |
| K | Property You Give Away by Will or Trust That You No Longer Own at Your Death | 11 |
| Part III | Children | |
| 6 | Children | |
| A | Naming Someone to Take Custody of Your Minor Children | 2 |
| B | Naming an Adult to Manage Your Child's Property | 5 |
| C | How Your Children's Property Should Be Managed | 6 |
| D | Tax Saving Educational Investment Plans | 14 |
| E | Naming Children as Beneficiaries of Life Insurance | 15 |
| F | Leaving Property to Children Who Are Not Your Own | 16 |
| G | Disinheritance | 17 |
| Part IV | Wills | |
| 7 | Wills | |
| A | A Will as the Centerpiece of Your Estate Plan | 2 |
| B | A Backup Will With a Comprehensive Estate Plan | 2 |
| C | What Makes a Will Legal? | 4 |
| D | Types of Wills | 5 |
| E | What Property Cannot Be Transferred by Will? | 8 |
| F | Explanatory Letters Accompanying Your Will | 9 |
| G | Can My Will Be Successfully Challenged? | 10 |
| H | Keeping Your Will Up to Date | 10 |
| Part V | Probate and How to Avoid It | |
| 8 | Probate and Why You Want to Avoid It | |
| A | What Is Probate? | 2 |
| B | Probate Fees | 3 |
| C | Avoiding Probate | 4 |
| D | When You May Want Probate | 8 |
| E | Debts, Taxes, and Probate Avoidance | 8 |
| F | Probate Reform | 9 |
| 9 | Living Trusts | |
| A | Does Everyone Need a Living Trust? | 2 |
| B | Living Trusts Explained | 4 |
| C | Major Decisions in Creating a Living Trust | 8 |
| D | Creating a Valid Living Trust | 13 |
| E | Keeping Your Living Trust Up to Date | 16 |
| 10 | Joint Tenancy and Tenancy by the Entirety | |
| A | What Is Joint Tenancy? | 2 |
| B | Joint Tenancy Bank Accounts | 3 |
| C | Joint Tenancy Safe Deposit Boxes | 4 |
| D | Tenancy by the Entirety | 5 |
| E | Joint Tenancy in Community Property States | 5 |
| F | Tax Concerns Affecting Joint Tenancy | 7 |
| G | Drawbacks of Joint Tenancy | 12 |
| H | When Joint Tenancy Makes Sense | 13 |
| I | Creating a Joint Tenancy for Property With Documents of Title | 15 |
| J | Creating Joint Tenancy for Personal Property Without Documents of Title | 16 |
| 11 | Pay-on-Death Designations | |
| A | Choosing Beneficiaries | 2 |
| B | Pay-on-Death Bank Accounts | 3 |
| C | Naming a Pay-on-Death Beneficiary for Government Securities | 5 |
| D | Naming a Beneficiary for Stocks and Bonds | 5 |
| E | Car Registration | 6 |
| F | Transfer of Death Deeds for Real Estate | 6 |
| 12 | Life Insurance | |
| A | Do You Need Life Insurance? | 2 |
| B | Types of Life Insurance | 5 |
| C | Life Insurance and Probate | 10 |
| D | Choosing Life Insurance Beneficiaries | 10 |
| E | Reducing Estate Tax by Transferring Ownership of Life Insurance Policies | 11 |
| 13 | Retirement Benefits | |
| A | Social Security | 2 |
| B | Individual Retirement Plans | 3 |
| C | Pensions | 6 |
| D | When You Retire | 7 |
| E | Choosing Beneficiaries for Your Retirement Plans | 8 |
| F | Using Disclaimers for Retirement Accounts | 11 |
| G | Probate and Taxes | 11 |
| 14 | State Law Exemptions From Normal Probate | |
| A | Will Your Estate Qualify? | 2 |
| B | Using These Rules to Plan | 3 |
| C | Summary of State Law Exceptions to Normal Probate | 3 |
| D | California Exemptions From Normal Probate | 7 |
| E | New York Exemptions From Normal Probate | 9 |
| F | Texas Exemptions From Normal Probate | 10 |
| G | Florida Exemptions From Normal Probate | 10 |
| Part VI | Understanding Estate and Gift Taxes | |
| 15 | Estate Taxes | |
| A | Federal Estate Tax Exemptions | 2 |
| B | The Big Picture: Estate and Gift Taxes | 4 |
| C | Will Your Estate Have to Pay Taxes? | 6 |
| D | Calculating and Paying Estate Taxes | 9 |
| E | Reducing Federal Estate Taxes | 13 |
| F | The Federal Income Tax Basis of Inherited Property | 14 |
| G | State Inheritance and Estate Taxes | 17 |
| 16 | Gifts and Gift Taxes | |
| A | The Federal Gift Tax: An Overview | 2 |
| B | What Is a Goft? | 4 |
| C | How Federal Gift Tax Works | 7 |
| D | Using Gifts to Reduce Estate Taxes | 9 |
| E | When Not to Give Property Away: Tax Basis Rules | 15 |
| F | Using Gifts to Reduce Income Taxes | 16 |
| Part VII | Reducing or Eliminating Estate Taxes | |
| 17 | An Overview of Ongoing Trusts | |
| A | Trusts to Reduce Estate Tax | 2 |
| B | Ongoing Trusts Used to Control Property | 3 |
| C | Ongoing Trusts and Avoiding Probate | 4 |
| D | What Ongoing Trusts Can't Do | 5 |
| E | When Ongoing Trusts Begin and End | 5 |
| F | The Trustee | 6 |
| G | Taxation of Ongoing Trusts | 11 |
| 18 | Estate Tax-Saving Bypass Trusts | |
| A | Overview of Bypass Trusts | 2 |
| B | IRS Restrictions on Bypass Trusts | 4 |
| C | AB Trusts: Bypass Trusts for Married Couples | 6 |
| D | Bypass Trusts for Unmarried People | 18 |
| 19 | Other Estate Tax-Saving Marital Trusts | |
| A | QTIP Trusts | 2 |
| B | Trusts for Noncitizen Spouses: QDOTs | 13 |
| C | Marital Deduction Trusts | 15 |
| 20 | Charitable Trusts | |
| A | An Overview of Charitable Trusts | 2 |
| B | The Income Tax Deduction | 4 |
| C | A Closer Look at Charitable Remainder Trusts | 7 |
| D | A Closer Look at Charitable Lead Trusts | 12 |
| E | Types of Charitable Trusts: A Comparison | 15 |
| 21 | Other Estate Tax-Saving Trusts | |
| A | Generation-Skipping Trusts (GSTT Trusts) | 2 |
| B | Irrevocable Life Insurance Trusts | 8 |
| C | Grantor-Retained Interest Trusts: GRATs, GRUTs, and GRITs | 10 |
| 22 | Disclaimers: After-Death Estate Tax Planning | |
| A | Advantages of Disclaimers | 2 |
| B | Couples and Disclaimers | 4 |
| C | IRS Rules for Disclaimers | 5 |
| D | Disclaimers and Living Trusts | 8 |
| 23 | Combining Estate Tax-Saving Trusts | |
| A | Combining Two Estate Tax-Saving Trusts | 2 |
| B | Combining a Charitable Trust With Other Estate Tax-Saving Trusts | 4 |
| C | Combining Three Different Estate Tax-Saving Trusts | 5 |
| D | Using Ongoing Trusts and Gift-Giving to Reduce Estate Tax | 6 |
| Part VIII | Imposing Controls Over Property | |
| 24 | Property Control Trusts for Second or Subsequent Marriages | |
| A | Evaluating Your Situation | 2 |
| B | How a Marital Property Control Trust Works | 3 |
| C | Restricting the Surviving Spouse's Rights Over Trust Property | 5 |
| D | The Role of the Trustee | 6 |
| E | Savings on Estate Taxes | 8 |
| F | Working With a Lawyer | 9 |
| 25 | Trusts and Other Devices for Imposing Controls Over Property | |
| A | Educational Trusts | 3 |
| B | Trusts for People With Special Needs | 4 |
| C | Spendthrift Trusts | 6 |
| D | Sprinkling Trusts | 7 |
| E | Trusts to Manage Your Own Property | 9 |
| F | Powers of Appointment | 10 |
| G | Combining a Property Control Trust With Estate Tax-Saving Trusts | 12 |
| Part IX | Taking Care of Personal Issues | |
| 26 | Incapacity: Making Medical and Financial Decisions | |
| A | Medical Decisions | 2 |
| B | Financial Decisions | 9 |
| C | Guardianships and Conservatorships | 12 |
| 27 | Body and Organ Donation, Funerals and Burials | |
| A | Making Your Own Choices | 2 |
| B | Leaving Written Instructions | 3 |
| C | Donating Your Body or Organs | 4 |
| D | Death Notices | 4 |
| E | Services and Ceremonies Following a Death | 5 |
| F | Funerals | 6 |
| G | Cremation | 9 |
| H | Burials | 9 |
| Part X | Family Business Estate Planning | |
| 28 | Family Business Estate Planning | |
| A | Operation of the Business | 2 |
| B | Reducing Estate Taxes | 5 |
| C | Avoiding Probate of a Family Business | 9 |
| Part XI | Going Further | |
| 29 | Using Lawyers | |
| A | Hiring a Lawyer | 2 |
| B | Doing Your Own Research | 6 |
| 30 | After You Complete Your Estate Plan | |
| A | Storing Your Estate Planning Documents | 2 |
| B | Revising Your Estate Plan | 3 |
| 31 | After a Death Occurs | |
| A | Wills | 2 |
| B | Probate-Avoidance Living Trusts | 2 |
| C | Ongoing Trusts for Estate Tax Savings or Property Management | 4 |
| D | Preparing and Filing Tax Returns | 5 |
| E | Trustee's Reports to Beneficiaries | 6 |
| F | Collecting the Proceeds of a Life Insurance Policy | 6 |
| G | Obtaining Title to Joint Tenancy Property | 7 |
| Part XII | Sample Estate Plans | |
| 32 | Some Estate Plans | |
| A | A Prosperous Couple in Their 60s and 70s | 2 |
| B | A Wealthy Couple in Their 70s | 2 |
| C | A Single Man in His 60s | 3 |
| D | A Younger Couple | 4 |
| E | A Widow in Her 80s | 5 |
| F | A Couple in Their 60s, in a Second Marriage | 6 |
| G | An Unmarried Couple in Their 40s | 7 |
| Glossary | |
| Appendix | State Inheritance Tax Rules | |
| Index | |