Planning For Non Traditional Families

Planning For Non Traditional Families
Worldview Position Paper Planning for non–traditional families is becoming more of an issue as the
homosexual rights agenda spreads across America. This issue comes from redefining the family.
"The legal chaos and moral chaos as well that comes from redefining the family, is also referred to
as the homosexual agenda and has far reaching impacts." Rodney Chrisman, Legal Chaos: Relating
to Redefining the Family (2011). The homosexual agenda has unique concerns when creating an
estate plan. From Christian worldview estate planning for these non–traditional families become a
tough issue at first glance but when treated by using instruction from the bible can become just as
easy as estate planning for traditional families by acting with respect and love as well as to plan
accordingly and take note of the state's guidelines for non–traditional families. Estate planning is for
everyone not just the wealthy and traditional, and if one does not plan and have their wishes written
down then the state will plan and disburse assets according to each states laws and statutes. When a
client first walks into the office the paralegal must treat him as a client. For a Christian estate
planner this step can become difficult with non–traditional families, however, the bible is very clear
on how to treat others. Paralegals should treat non–traditional families with the same love and grace
that God has shown to all. All of us are sinners. "Honor as a person made in the image of God."
Rodney
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What Is Probate?
What Is Probate?
There are few things in this world more heartbreaking and sobering than the death of a loved one, so
the last thing you 'll want to have to deal with through your grief is legal mumbo jumbo.
Unfortunately, however, where property is concerned, a death of a close friend or family member
will invariably lead to some legal turmoil, unless you know what you 're doing! Here we 'll attempt
to steer you through the often confusing world of Probate law, and make the process as painless as
possible, whilst keeping things simple and easy to follow.
What is probate?
In the most basic terms possible, "Probate" essentially refers to the process of administering the
estate of someone who has recently died, but there is obviously far more to it than that. If the
deceased has a written Will in place then the process is obviously simplified a great deal, though it
will still need to be processed by the court. The process will also be expedited if the deceased has
named an executor (literally meaning "the person who executes the Will") of their estate, which
means somebody they trusted enough to take stock and deal with their estate after they had passed
away. If this executor has been named, it 's she or he who will generally lead the probate process
and will share out the estate, deal with any ensuing complications and carry out any final wishes
mentioned in the Will. Assets not covered by a Will, which might include life insurance, jointly
owned properties or assets

Estate Executor
SERVING AS AN estate executor isn't for the faint of heart. It can seem like an honor, at first. When
people make out their wills, they typically name a trusted person as their executor, who then has a
legal responsibility to distribute their property according to the wishes of the deceased, and make
sure all debts and creditors are paid. But in addition to lots of paperwork and deadlines, the job often
comes with a minefield of family issues. And worst of all, executors can be sued. Here are some of
the biggest mistakes executors want to avoid: Paying bills too quickly Often an executor will start
receiving the deceased's mail and paying credit–card bills and other invoices as they arrive, says
Debra Doyle, shareholder at the law firm Greenberg ... Show more content on Helpwriting.net ...
Magill says. In most states, the executor has an obligation to conserve, but not to increase, the value
of the assets during estate settlement. Mishandling real estate Real estate is often one of the hardest
assets to administer, says Ms. Doyle. One beneficiary might be living in the house, while another
might want it sold quickly. The executor must decide the listing price and the commission to pay the
real estate agent, Ms. Doyle says. Unless amicable decisions can be reached among all of the
beneficiaries, the executor may be forced to seek probate– court assistance, she says. In addition,
real–estate agents may recommend certain improvements to the property before the sale. Before
authorizing any improvement, the executor needs to consider whether he or she is authorized to
spend estate assets to make such improvements. Executors also should be careful not to hold on to a
house for too long. Insurance companies don't like to insure empty houses for extended periods, Ms.
Doyle says. If the home is vacant, the executor also needs to beware of maintenance issues. If a pipe
breaks, significant damage can be done before anyone discovers it. Repairs can cost thousands of
dollars and delay a property's

Estate Planning Binder
You finally crossed "getting your estate plan done" off your list and breathed a huge sigh of relief.
You conquered this challenge and have created documents to protect your assets and legacy for your
loved ones.
What is an Estate Planning Binder?
Once the documents that make up your estate plan have been created, your estate planning attorney
will prepare a binder containing all pertinent documentation. This estate planning binder is critical
because it provides key information regarding your intentions after you pass away or if you become
incapacitated. Once your trust is fully funded, your binder should also contain information about
your assets. This makes administration easier for your family. This binder should be stored safely,
reviewed regularly, and updated when necessary ... Show more content on Helpwriting.net ...
Your binder should be reviewed periodically and updated to reflect the changes that happen in your
life. If it's not, you may find down the line that your estate plan no longer reflects your wishes as
well as it should. Keeping it updated along the way assures that your plan is ready when you need it
most.
Tips of when to review your estate planning binder:
A quick review once a year
A thorough review every 3–5 years to ensure the documents reflect your current finances and
intentions.
Sarah's Law Firm helps with this 3 year review to make sure you plan is up to date with any new
laws or regulations as well as any changes you'd like to make.
Any time you experience a significant increase or decrease in income or wealth
Any time you experience a major life change, such as a birth, marriage, or death in the family
Any time you consider a change in who you want to benefit from your estate

Revocable Trust Essay
Revocable Trusts
Perhaps the greatest advantage of setting up a revocable trust is avoiding the probate process. A trust
is especially beneficial if you own real estate in more than one state. Without a trust, your loved
ones will be faced with probate proceedings in each state you own property in. A trust accomplishes
the distribution of assets to your beneficiaries who should receive them. However, a trust is
generally considered to possess superior advantages over a probate for several reasons.
A trust provides a private, non–probate administration. The only persons entitled to notice or
accounting of trust assets are the beneficiaries. Distribution of trust assets can often be
accomplished within a few weeks of the death of the person ... Show more content on
Helpwriting.net ...
Probate is considered a public proceeding, and literally anyone can read your probate file, and your
will once it is filed. A trust doesn't require being filed with the court, so there is no file for anyone to
see.
Drawbacks
Initially, it will cost more to set up a revocable trust than to write a Last Will and Testament.
However, in the long run a trust will reduce stress and your family will save money by avoiding
probate when you die, and guardianship if you were to become incapacitated or disabled.
Unfortunately, you will still need a will, a special one to cover unfunded assets. If you miss an
asset, or die before transferring all your assets into the trust a special will created for this situation
will protect them. The will requires probating, but will only cover the unfunded assets.
Nevertheless, it is a consideration when your still in the decision process of whether or not to
establish a revocable trust.
Contesting a trust may allow a longer period of time than a will. Whereas contesting a will is
typically allowed for 30 to 90 days, contesting a trust can be allowed for as long as 5 years
depending on the individual states statute of limitations. However, a few states are beginning to
change the restriction to less restrictive time

Death And Life Threatening Illnesses
Aashutosh Godambe
GBA 231
Dr. Little
04/20/17
Final Paper
Death and life threatening illnesses is not a subject that one likes to talk about. It is more complex,
when the subject of wills and end of life desires arise. In this paper, I will be discussing ethical
situations that arise when dealing with this specific problem.
I will be talking about the potential consequences that the deceased family must deal with when a
will has not either been formed or performed properly. Next, I will be looking at the differences
between palliative and recuperative care; I will also give my view on who should be included in the
decision to alter care from recuperative to palliative. My next topic will be deliberating the issue of
end–of–life ... Show more content on Helpwriting.net ...
If one fails to execute a living will, a person might opt not to establish a power of attorney. This also
leads to difficulty for one to control the kind of medical treatment to adapt. Whenever an estate hits
intestate situation, the court will take responsibility and pay outstanding debts and expenses before
distribution the property takes place. When the court has to take the decision of the distribution of
property it will only take into consideration the family members on the deceased.
Question #2 www.nationalsensusproject.org, says that palliative care stands for patient and family
focused care that optimizes the quality of life anticipating, treating suffering, preventing. Palliative
care means continues continuum of illness that includes addressing physical, social, and emotional,
spirituals and intellectual needs and facilitation of autonomy. We can say palliative care is used to
explain pain management when individuals are either healthy or when individuals are in their
process of dying. Palliative care leads to the easing of suffering in physical and mental health
without really curing it. Health resources and service administrations define recuperative care as a
short–term medical care, and the type of management offered to people who

The Federal Estate Tax Should Be Abolished
Over the past few months, the federal estate tax has been a popular topic in the news. Also known as
the death tax, this tax is applied to the transfer of an estate at passing away of an individual.
Generally, said estate includes all assets of the person who passed away, including financial assets
like stocks, bonds, and mutual funds; real assets, like houses, land, or other tangible property; and
proceeds from life insurance policies. The United States federal government established the estate
tax that is currently implemented in 1916. Since then, the estate tax was phased out in 2001, so that
the rates dropped until eliminated in 2010. However, this legislation was not lasting, and the estate
tax returned in 2011.
The estate tax that ... Show more content on Helpwriting.net ...
This tax is only creating more pain at a time when our country should be supporting its citizens who
provide jobs and help boost the economy.
Since the inception of our great country, American families have worked hard their whole lives to
make the money to support their families and pass a legacy down to their future generations. This
hard work is built into the framework of our country. We say that we encourage the citizens to be
self–made and work hard because both these actions will pay off. How can we truly be promoting
success if our tax code is working directly against our hard–working citizens? In fact, the estate tax
is actually a double tax: "income taxes must be paid on earnings that eventually make up the estate's
value" (Wood). In 2015, the Supreme Court ruled that the double taxation that the state of Maryland
was imposing on its citizens was unconstitutional (Brown). Our government needs to be taking the
proper steps to eradicate all forms of double taxation, as it is certainly not fair to the people, the
people for whom the Constitution was created to protect.
Another key fact that must be pointed out is the amount of revenue, or lack thereof, that this estate
tax makes for the federal government. In 2014 alone, our federal government made over $3 trillion.
Of that massive number, the estate tax counted for $19.3 billion, or a mere 0.6

Estate Planning : An Issue That Affects All Individuals
Estate planning is an issue that affects all individuals. When looking at estate planning the concepts
of superannuation, trusts and wills become of great importance. Depending on the individuals
circumstances one estate plan may be more beneficial than another when taking into consideration
their personal changing circumstances as well as their intended beneficiaries. Correspondingly a
concern can lie with an individual 's net worth, individuals of a higher net worth may require a more
stringent estate plan in order to protect their assets to ensure they get distributed accordingly without
unnecessary contest, as well as tax evaluation which reaches onto beneficiaries in order to obtain an
optimal result.
A major consideration of estate ... Show more content on Helpwriting.net ...
When this individual dies the value of their fund will be paid out to the dependants they have
nominated. These dependants can be defined as spouses, children, financially dependant individuals
as well as interdependency relationships (Superannuation Industry Act 1993, S10 (1)).
Additionally, through superannuation a binding nomination can be imposed on the fund. This may
be an important consideration in the case of a high net worth individual who has either been
remarried, has children from other relationships or is involved in a same–sex relationship. Through
imposing this nomination an individual can increase the certainty of the fund going to the desired
persons being the nominated beneficiary whilst reducing the risks of challenges to the
superannuation fund. This would especially be important to high net worth clients due to the value
of their funds, this value may cause or increase the likely–hood of a challenge due to related
individuals wanting to obtain a proportion of the wealth; especially if they believe they are entitled
to some of the inheritance. A binding nomination reduces the need for the trustee to use their
discretion when the time comes to distribute the funds, as it has already been clearly defined by the
fund member who should be receiving the funds, the trustee has an obligation to adhere to this
binding nomination.
Superannuation benefits can be received in

Brown's Estate Case
In 2008, the South Carolina attorney general entered a settlement with Brown's family. He
redirected a quarter of Brown's assets to his children and grandchildren and a quarter to his ex–wife,
who had been disinherited from his will. In 2013, the South Carolina Supreme Court threw out this
settlement, citing the fact that the attorney general had distorted Brown's intent when he became
involved in the administration of Brown's estate. It is certainly unheard of for an attorney general to
redirect assets that a testator had left to someone else. Usually, the redirection of funds occurs when,
for example, a minor child is disinherited from a will and the courts are attempt to avoid the need
for the child to become dependent upon the state. Others who have come forward to claim their
share of Brown's estate include individuals who claim to be his children, three of which have been
proven to be so through DNA testing, ... Show more content on Helpwriting.net ...
This is due to the fact that "distribution may be withheld pending resolution of a lawsuit against the
estate, or where there is a contest over beneficiaries' rights under the will." For Brown's estate, it
does not appear that anyone will be receiving what was left to them any time soon, especially when
considering the fact that the litigation over how his estate should be distributed continues to this day.
Jerry Garcia, who was the guitarist in the band the Grateful Dead, died unexpectedly in 1995 from a
heart attack while he was living in a residential drug treatment center. Similarly to the estates of J.
Howard Marshall, Michael Jackson, and James Brown, a court battle began shortly after his death
over his $9.9 million estate. Everyone from his ex–wife, to his wife at the time of his death, to his
bandmates, and finally to his daughter began legal battles over what they claimed to belong to

Uniform Transfers To Minors: A Case Study
The provisions of this Article shall apply to each trust held under this instrument: 5.1. a. If at any
time a beneficiary eligible to receive net income or principal distributions is under legal disability,
or in the opinion of the trustee is incapable of properly managing his or her financial affairs, then the
trustee may make those distributions directly to the beneficiary, to a lawful guardian of the
beneficiary, or to a custodian selected by the trustee for the beneficiary under a Uniform Transfers to
Minors Act or similar applicable law, or may otherwise expend the amounts to be distributed for the
benefit of the beneficiary in such manner as the trustee considers advisable. As used throughout this
instrument, the term "lawful guardian" ... Show more content on Helpwriting.net ...
If at any time after our deaths the trustee shall determine that the trust is of a size that is no longer
economical to administer, the trustee, without further responsibility, may (but need not) distribute
the trust to those persons named in paragraph 4.4 above. 5.6. Notwithstanding any other provisions
contained in this instrument, all interests created by this Trust Agreement shall vest within the
period prescribed by the rule against perpetuities, as presently set forth in §689.225, Florida
Statutes. If any provision of this Trust agreement shall be construed to vest any interest later than
that period, that interest shall vest on the last day permitted without violation of the rule against
perpetuities. 5.7. The compensation of a corporate or professional trustee shall be in accordance
with its schedule of fees as in effect at the time the services are rendered. Such compensation may
be charged to principal or to income or partly to each in the discretion of the trustee. In the event our
respective estates are not subject to probate and no personal representative is appointed, the trustee
shall prepare and file, or cause to be prepared and filed, the federal estate tax return and such other
returns as may be necessary. For any such extraordinary services, the trustee shall receive additional

Estate Planning Paper
Saheed Sims MSL 6450 Wills, Trust and Estates Term Paper Andy Rooney of 60 Minutes Fame
Leaves $9 Million Estate to His Children By Julie Garber, About.com Guide March 14, 2012 Last
year, November 2011. The world lost Andy Rooney. Andy Rooney, the "60 Minutes" commentator
known to generations for his wry and humorous television essays died Friday in a hospital in New
York City of complications following minor surgery. He was 92. A will for Rooney has been filed in
surrogate court in New York City. The will leaves the entire estate, which is comprised of $8 million
in stocks, bonds and cash and $1 million in real estate, to Mr. Rooney 's four children, Brian Rooney
of Los Angeles, identical twins Emily Rooney of Boston and ... Show more content on
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We assume that these were his funeral arraignments but not sure if these are covered in the will.
Family Allowance Often the state will provide for the immediate support of the family when a
breadwinner dies, state law generally contains a mechanism for immediate access to money from
the decedents estate known as family allowance. In this instance Rooney has 4 children that survive
him it is not clear that any of these children were being supported by their father to fall under the
designation of breadwinner. Emily is the twin of Martha. Emily Rooney born 1950 is an American
journalist, TV talk show and radio host and former news producer. Since 1997, Rooney has been the
host, executive editor and creator of Greater Boston and the weekly Beat the Press on WGBH–TV,
which are also later rebroadcast on the Boston–based WGBH radio station. As of 2010, she hosts the
Emily Rooney Show on WGBH radio. She has an identical twin sister, Martha, who is Chief of the
Public Services Division at the United States National Library of Medicine in Bethesda, Maryland.
Her brother Brian Rooney is a correspondent for ABC News. Rooney has one daughter, Alexis.
Rooney 's husband, WCVB–TV reporter Kirby Perkins, died suddenly of heart failure July 1997.
Here it is not likely that a family allowance will be necessary. Exempt property New York Law
grants the family of a decedent the right to exempt certain property from the decedent 's estate.

John B. Whalen, Jr.: Case Study
John B. Whalen, Jr. Esq. of Pa Probate Wills Estates proudly provides estate litigation, taxation,
administration and planning along with beneficiary representation and guardianship services to the
good people of Pennsylvania. He is an extremely personable attorney whose passion is providing his
clients with the best legal guidance humanly possible. In order to ensure this happens, he goes above
and beyond the call of duty and provides an extraordinary level of service:
What Sets John Walen, Jr. Esq. Apart From Other Estate Planning Attorneys:
John understands that making time to create an estate plan can be difficult with today's hectic pace
of life. That is why John offers a home visit option and is available seven days a week for
consultation. He also provides a flat fee rate to help his clients afford his much needed services. The
... Show more content on Helpwriting.net ...
This amount shouldn't include funeral expenses or real estate. The probate process can be avoided
altogether though if a person has a living trust, where their property is listed. Jointly owned
property, life insurance with a designated beneficiary as well as any bank accounts that are either
transferable or payable on death do not have to go through probate.
Importance of an Estate Plan:
Having an estate plan is vastly important, even if you don't consider yourself wealthy. This is
because, everyone, has assets of some sort and it should be your choice to whom those assets will
transfer upon your death, not the state's probate office. Thankfully, simply by constructing an estate
plan that includes a will, you will allow your loved ones an easier transition after your death because
they will know how you wanted things done.
Your Next Step:
Call John Walen, Jr. Esq. today to learn more about how we can help you get a jumpstart on the
estate planning process. Remember, we offer a flat fee rate and will even come to you, so what are
you waiting on? Call

Issues in Distribtuiton Estate of Muslims in the Context...
ISSUES IN DISTRIBUTION ESTATE OF MUSLIMS IN THE CONTEXT LAW OF MALAYSIA.
INTRODUCTION
Distributions of the estate of Muslims in this country are actually made based on Islamic law,
although the Law Faraid primary law applicable is the civil law. This is because the law available
only for purely administrative matters such as methods to apply partitioning, application process,
delegation of authority, and so on. In the determination of heirs, the division respectively, and the
matters relating to the distribution, all subject to Islamic law. For example, there are provisions in
the Small Estates (Distribution) Act 1955 (Act 98). Section 12 (7) of the Act 98 provides that the
distribution of the deceased's estate shall be in accordance ... Show more content on Helpwriting.net
...
King. King hazarding. Chairman of the judging panel of the Federal Territory Syariah Appeal Court,
said that's the Shari'a court's jurisdiction of probate and estate administration as it is under the
jurisdiction of the Civil Court. (1998) 6 MLJ 556. Consequently, the Syariah Court limits no
jurisdiction to manage cases of division and estate administration. Boot the Syariah Court has
jurisdiction in determining who is entitled to inherit and share each issued in the form of a
Certificate Faraid
INSTITUTION THAT HANDLES THE DISTRIBUTION OF INHERITANCE AND THE LAW
RELATING THERE TO.
1) Amanah Raya Berhad: Handle property of the deceased that just leaves only movable property
and its value does not exceed RM 600,000 according to the Industrial Development Finance
Corporation Act (Act 532).
2) Section Division of Estate / Land Office. (Syeksen pembahagian Pusaka): At the state level or
district known as Estate Distribution Unit, handled the estate of the deceased leave the immovable
property (land) alone or together with immovable movable property such as money in bank deposits
and so on and its value does not exceed RM 600,000 and intestate in accordance with the will 1959.
Law in force is the Small Estates (Distribution) Act 1955 (Akta98). (Amended small estate
valuation to RM2, 000,000 will be enforced soon).
3) High court: Handle property of the deceased who left either immovable property (land) or
personal property of a value exceeding RM600, 000

Death Of A Loved One Analysis
"Legal Considerations and Preparations for the Death of a Loved One"
Introduction
The loss of a spouse, partner or loved one is a very difficult time. Even as you try to cope with your
own loss, emotional adjustments, and grief, there are many important legal and financial
arrangements to consider and be made. Thoughtful estate planning and preparations not only help
the surviving spouse or partner, but also provides instruction for your last wishes. I hope the
following some of the most common concerns I have observed as an elder law attorney will help
you prepare ahead.
Planning to Die
"Death and taxes and childbirth! There's never any convenient time for any of them!" ~ Margaret
Mitchell
Death is a topic no one really wants to discuss. ... Show more content on Helpwriting.net ...
Make a list of what friends and neighbors can help you with. Tasks could include collecting mail,
pet sitting, house sitting during wake/shiva/funeral, organizing meals for a period of time,
carpooling kids to school/camp, etc. Surrounding yourself with loved ones and friends will give you
the strength and support to stay organized and help in your own healing and grieving.
Estate Administration
If you are acting as the executor of an estate, you have been trusted to fulfill each of the provisions
and terms of a will. Executors are often under intense scrutiny from beneficiaries named in the
document. Unfortunately, this scrutiny can lead to a number of accusations that may require legal
representation to resolve. Legal representation will provide you with the legal advice you may need
to help you protect both your interests and the intentions of the decedent.
In many cases, disputes that arise during the probate process seriously undermine both the process
itself and the intentions of the decedent. These disputes may potentially arise at any point of the
probate process, including the process of assessing the assets included in the estate, recovering any
debts owed to the estate, dispersing funds to cover claims against the estate and distributing assets to
named

Cases on Wills and Testaments
WHAT IS THE IRON BAR RULE? In legal succession, there is absolute separation between
legitimate family and illegitimate family. ARTICLE 992. An illegitimate child has no right to inherit
ab intestato from the legitmate children and relatives of his father or mother; nor shall such children
or relatives inherit in the same manner from the illegitimate child. Illustration
A
BD
C
E F
G H I J Under Art. 992, I and J cannot represent F Under Art. 990, G and H can represent E Hence,
an illegitimate can be represented by his children. Legitimate or illegitimate, but a legitimate child
cannot be represented by his illegitimate children E cannot inherit from B and A D cannot inherit
from C and vice–versa ( ... Show more content on Helpwriting.net ...
HELD: We cannot subscribe to eh appellate court's ruling excluding Emilio III in the administration
of the decedent's undivided estate. Mistakenly, the CA glosses over several undisputed facts and
circumstances:
The underlying philosophy of our law on intestate succession is to give preference to the wishes and
presumed will of the decedent, absent a valid and effective will; The basis for Art. 992 of the Civil
Code, referred to as the iron curtain bar rule is quite the opposite scenario in the facts obtaining
herein for the actual relationship between Federico and Cristina on one hand, and Emilio III, on the
other, was akin to the normal relationship of legitimate relatives. Emilio III was reared from infancy
by decedent, Cristina, and her husband Federico, who both acknowledged him as their grandchild;
Federico claimed half of the properties included in the estate of the decedent, Cristina, as forming
part of their conjugal partnership and gains during the subsistence of their marriage; Cristina's
properties forming part of her estate are still commingled with that of her husband Federico, because
her share in the conjugal partnership, albeit terminated upon her death, remains undetermined and
unliquidated; and Emilio III is a legally adopted child of Federico, entitled to share in the
distribution of the latter's estate as a direct heir, on degree

The Law Of England And Wales
This is the last will and testament of me Richard Robert Green of The Barn, Tythe Avenue, Weyford,
GU56 3NB.
1. Revocation
1.1 I revoke all former wills and codicils made by me.
2. Domicile and Scope of Will
2.1 I declare as follows:
2.1.1 that I am domiciled in England and Wales; and
2.1.2 that this will and any codicil to it shall extend to property of mine which is situated at my
death in any part of the world.
2.2 I choose the law of England and Wales to govern succession to my assets, rights and obligations
as a whole, including any not disposed of by this will. I am a United Kingdom national who is most
closely connected with the jurisdiction of England and Wales.
3. Appointment of Executors and Trustees
3.1 I appoint Jonathan Grey and David Fox, both of 14 High Street, Weyford, Surrey, GU56 2LM,
partners in the firm of Westones (or the firm which at that date has succeeded to and carries on its
practice) ("my Trustees") to be executors and trustees of this will.
3.2 If they, or either of them, shall be unable or unwilling to act, in substitution I appoint the
partners at the date of my death in the firm of Westones of 14 High Street, Weyford, Surrey, GU56
2LM or the firm which at that date has succeeded to and carried on its practice to be the executors of
this will; and
3.3 In this clause: 3.3.1 "firm" includes an incorporated practice recognised by the Law Society;
3.3.2 "partners" includes solicitors who are directors or members of, or beneficial owners

Why Is Estate Planning Important
Estate planning, in imperative part to provide your family a secured future. Life is full of
uncertainties. Hence, future planning is necessary. The estate includes your wealth, assets, property
and all that you have earned in your entire life. People often ask what exactly estate planning is?
It refers to the process of estimating and organizing for the disposal of an individual's estate during
its lifetime. Estate planning is making an advance plan to avoid future uncertain situations after your
death. Experts advise such plans to eliminate the risk of the administration of a probate and to
reduce the tax liability and other expenses. Sedco Hills Estate Planning involves people such as your
family, loved ones, close relatives, other individuals and, in most of the cases, charitable
organizations if you consider. Irrespective of the fact, how painful it would be, you will have to
make a detailed plan regarding who will handle the affairs after their death.
Making an estate plan is a challenging task. It requires both, experience as well as legal knowledge.
It is usually recommended to hire a professional attorney for your estate planning procedure. An
estate attorney is a probate lawyer who assists personal representatives and estate beneficiaries to
settle their legal or financial ... Show more content on Helpwriting.net ...
Bliss, Esq is proficient in legal skills ranging from probate and estate planning and will stand by
their clients throughout the planning process. They help their clients to understand the legal terms
and formalities. Depending on your priorities, they conduct your plan in such a way that offers
massive savings and even reducing your estate taxes. Irrespective of the size of your estate, they
design a well–organized plan to safeguard your future risks and avoiding the dreaded probate. Many
estate planning attorneys are available offering online services. You can choose the one who best
defines your financial needs. Make use of the internet to find the

Hawkins V Clayton Case Summary Essay
Hawkins v Clayton [1988] HCA 15; (1988) 164 CLR 539 (8 April 1988) High Court of Australia
Case Title: HAWKINS v. CLAYTON [1988] HCA 15; (1988) 164 CLR 539 F.C. 88/012 Medium
Neutral Citation: [1988] HCA 15 Hearing Date(s): 1987, May 13 1988, April 8 Decision Date: 20
June 2011 Jurisdiction: High Court of Australia Before: C.J Mason J. Wilson J. Brennan J. Deane J.
Gaudron Catchwords: Negligence – Duty of care – Solicitor – Will held by solicitor – Failure to
inform executor of death of testator and of contents – Whether duty to do so – Loss to estate caused
by executor's ignorance of death – Measure of damages. Limitation of Actions – Tort – Accrual of
cause of action – ... Show more content on Helpwriting.net ...
Smith (1808) 10 East 293, at p 295 (103 ER 786, at p 787) Meyappa Chetty v. Supramanian Chetty
(1916) 1 AC 603, at pp 608–609 Ryan v. Davies Bros. Ltd. [1921] HCA 53; (1921) 29 CLR 527, at
p 536) Pinchon's Case [1572] EngR 289; (1611) 9 CoRep 86b, at p 88b [1572] EngR 289; (77 ER
859, at p 863) Texts Cited: Sir James Stephen, A History of the Criminal Law of England (1883)
Parties: Representation – Counsel: File number(s): DECISION The case of Hawkins V Clayton was
the result of a breach of duty by the solicitors of the testator, Mrs Brasier, and to the executor of the
estate, Mr Hawkins. The solicitors were in custody of Mrs Brasier's will and seemingly were not
aware of the testators death for some time as they had written letters to her regarding her will in
September 1978 and August 1979 with no response. After the commencement of the action taken up
by Mr Hawkins, he had passed and his widow and executor continued the action as she had become
Mrs Brasier's executor by devolution. Mr Hawkins and his family had lived with Mrs Brasier as a
"tenant" in her home at Blakehurst, sometime during August 1973 Mr Hawkins and Mrs Brasier had
had a disagreement and the Hawkins family had left the Blakehurst house. It was determined that
Mrs Brasier had spoken with Mr Hawkins about his appointment as executor but had not confirmed
it once the will was written.

Palliative Care
Question #1 What are the potential foreseeable financial, psychological, and medical, yet
unintended, harmful consequences to one's family and friends in failing to provide a properly
executed will and living will occur before one's final illness and death? A will is the most efficient
way by which individuals express how they want their properties to be distributed. Will are usual
called instructions manual for the probate court that deals with estate administration and matters
related to wills. A will command a court on how to distribute properties of diseased in relations to
his/her request. It is advisable to have the will for everyone because this will help speed up the
process and also will soften the work of probate court. If a person ... Show more content on
Helpwriting.net ...
It will help you understand all option available and in making decision with regards to action to be
taken. Lastly, it is wise to consult a lawyer to make all your live will request legal. The difference
between euthanasia and cessation of treatment is euthanasia is where a doctor is directly involved in
bringing a death of a patient while in the cessation of treatment is where a doctor accepts allows it to
come naturally by declining any form of treatment. Individuals without family members are
required to bring close friends, doctors, and lawyers to help in determining the final decision. If the
patient has no family members, relatives or closest friends, a lawyer and the doctor are required to
make good use of Saint Leo's core values of integrity and community when they make a final
decision. A lawyer and a doctor should act according to the best interest of a patient. The close
friends of patient utilize the spirit of community by ensuring all resources are used in an appropriate

Essay On Taxing Assets
A government taxing their constituency based upon their estate dates back over two thousand years
ago. In 700 B.C. the ancient Egyptians placed taxes on transfers of property at death. Subsequently
the Roman Emperor, August Caesar, placed a tax on successions of realities of the deceased. As
societies grew along with it grew and modified the idea of an estate tax and taxation in general. In
America specifically taxing assets was first realized with the implementation of the Stamp Act of
1797. This act required a federal stamp on wills in probate. However this was repealed in 1802. In
the decades to come estate taxes were viewed to be necessary to raise the funds to finance wars. The
Revenue Act of 1862 implemented a federal inheritance tax ... Show more content on
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There was also a tax placed on estates and excess business profits. However unlike in pervious
times in American history, this tax did not go away following World War One. Throughout the
lifetime of the act it has experienced numerous changes but could be cited as the core foundation
that assisted in the establishment of the current estate tax.
Estate taxes are defined as the taxes on privilege of transferring property at death and are typically
determined by the size of the decedent's estate. This consists of counting everything a decedent
owns or has interests in at the date of death and determining their fair market value (Jacobson). The
gross estate is then taken, while permitting deductions and a taxable estate if made. Since the act of
1916, the ever changing landscape of taxation can be broken down into two distinct time periods.
These periods are 1916–1948 and 1976 to present.
The first notable change following the Revenue Act of 1916 was a tax placed on inter vivo gifts.
This then became a permanent feature in 1932 and was due to the fact that congress recognized the
wealthy individual's ability to find a loophole to avoid such estate taxation by giving things away as
a gift. In 1935 alternate valuation was implemented through the Revenue act of that same year. This
then allowed for an estate to be valued 1 year following a descents death. This was then later altered
to just six

Plan Of Administration : Estate Of Paul Theodor Brugger Essay
Plan of Administration
Estate of Paul Theodor Brugger
This plan sets out the steps that Public Trust will take to administer Paul Theodor Brugger 's estate.
It may be helpful for you to read this along with the information for beneficiaries sheet, which is
enclosed.
The Will
I enclose a copy of the Will, which can be summarised as follows:
Grant of Administration
To confirm Public Trust 's appointment as executor and trustee in the Will, we must go through the
legal process of seeking a Grant of Probate from the High Court. This gives Public Trust the
authority to deal with estate assets and is usually available within four to six weeks of the filing of
the application to the High Court.
Assets and liabilities
A schedule of the assets and liabilities that Public Trust will deal with during the administration of
the estate is included at the end of this plan.
Dealing with the assets
To follow are the actions we will be taking to deal with the identified assets:
Bank accounts
The ASB Bank Limited accounts will be closed and the proceeds will be used to pay any debts
owing, as well as the preliminary estate administration expenses.
Property
To enable Public Trust to complete all the necessary legal tasks in regards to the property, the first
necessary step is to change the ownership on the title to Public Trust as estate administrator. As
discussed, the property at 55 Rutland Road, Mount Wellington, Auckland will be sold. We 'll
complete this transfer when we 've

Final Tax Return
When a person dies, filing final tax returns becomes mandatory for the executor of the estate. The
executor must file a final federal income tax return and a final state income tax return (if required)
reporting all income earned by the decedent in the final year of life up until the day of death.
Furthermore, even if the executor hires a tax professional to file the final tax returns, the executor
must know how to prepare the information needed by the tax professional. Otherwise, the tax
professional will charge the estate a substantial amount to handle the preparation as well as the
filing of the final tax returns.
How to Prepare the Final Tax Returns
As explained in the article Track the Estate Income, income earned by the decedent in the final year
of life up until the day of death requires reporting on the final tax returns. In addition, since most
1099's will report income earned for the entire year, the executor needs to be aware that the 1099's
need adjustment. Therefore, the following steps are necessary for the executor to prepare the final
tax returns accurately:
... Show more content on Helpwriting.net ...
Review bank statements, brokerage statements, pay stubs or direct deposit statements, etc. to
identify current income that needs reporting. If a physical copy is not available to the executor, bank
statements and other statements are available online through the financial institution. If the executor
has no access to the account, the executor should call the institution and ask for the documents.
Review any 1099's received to see if the income reported is for the entire

Deductions from Gross Estate Under Philippines Tax Rules...
DEDUCTIONS FROM GROSS ESTATE
UNDER PHILIPPINES TAX RULES AND SINGAPORE TAX RULES
ADVENTIST UNIVERSITY OF PHILIPPINES
PUTING KAHOY
2008
DEDUCTIONS FROM GROSS ESTATE
PHILIPPINES TAX RULES
Funeral Expenses
For deaths occurring on or after January 1, 1998, the amount allowable as deduction shall be the
lower amount between the actual funeral expenses (whether paid or unpaid) and five percent (5%)
of the gross estate, but in no case to exceed two hundred thousand pesos (P200,000).
Judicial Expenses 'Judicial expenses of the testamentary or intestate proceedings' are those incurred
in the:
inventory taking of assets comprising the gross estate
their administration
the payment of debts of the estate
distribution of the estate among ... Show more content on Helpwriting.net ...
Debts are allowed for deduction if they are:
a. outstanding as at the date of death;
b. incurred by the deceased for his own use and benefit and
c. not reimbursable from another source
Debts are deducted against the value of the asset that is pledged as security. For example, a
mortgage loan of a property shall only be deducted against the value of the property regardless of
whether the property is exempt from Estate Duty.
Quick Succession Relief (QSR)
When 2 persons died on or after 01 Jan 2006, and the later death occurred not more than 24 months
after the earlier death, the estate of the later death is entitled to QSR. Where the order of the 2 deaths
is unknown, the younger person is presumed to have survived the older person and inherited the
older person's assets. Each estate is assessed separately and the exemptions under the Estate Duty
Act will apply separately on each assessment. For all quick succession deaths, a relief of varying
amount would be given depending on the time period between the two deaths, as shown in the table
below.
Period between two deaths Percentage of relief

6 months or less 100%
More than 6 months but not more than 12 months 75%
More than 12 months but not more than 18 months 50%
More than 18 months but not more

The French Revolution And The End Of The Nineteenth Century
The French Revolution had general reasons basic to every one of the insurgencies of the West
toward the end of the eighteenth century and specific causes that clarify why it was by a wide
margin the most vicious and the most all around critical of these transformations. The main of the
general reasons was the social structure of the West. The primitive administration had been
debilitated orderly and had as of now vanished in parts of Europe. The inexorably various and
prosperous tip top of well off average citizens–vendors, producers, and experts, frequently called the
bourgeoisie–sought to political force in those nations where it didn 't as of now have it. The workers,
large portions of whom claimed land, had accomplished an enhanced way of life and instruction and
needed to dispose of the last remnants of feudalism to obtain the full privileges of landowners and to
be allowed to expand their possessions. Moreover, from around 1730, higher expectations for
everyday life had diminished the death rate among grown–ups impressively. This, together with
different variables, had prompted an expansion in the number of inhabitants in Europe remarkable
for a few centuries: it multiplied somewhere around 1715 and 1800. For France, which with 26
million occupants in 1789 was the most populated nation of Europe, the issue was generally intense.
Voltaire [Credit: Stock Montage/Hulton Archve/Getty Images]A bigger populace made a more
prominent interest for sustenance and shopper

The Probate Process
Probate is a process which begins when an individual passes away. This legal process oversees the
administration of the person's estate and the resolution of any claims that may be placed on this
estate. Upon completion of the debt resolution process, assets are distributed as laid out by the
person who passed away. Probate law is the area of law that interprets any instructions of the person
who is deceased and determines who will become executor of the will and serve as this person's
personal representative. In addition, it adjudicates the interests of anyone who has a claim against
the estate, including heirs and other parties.
The Administration Of Probate Law
The first step in the probate process involves formally declaring the will of the deceased to be valid.
Legal notices must be published and all creditors notified when the individual passes away. The law
outlines how assets must be distributed and creditors paid and puts time constraints on the filing and
object of claims against this estate. Separate procedures are needed when an ... Show more content
on Helpwriting.net ...
A living trust allows one to avoid probate and assets may be transferred without going through the
probate process with the aid of transfer–on–death or paid–on–death accounts. Joint tenancy with
survivorship is a way for property to be transferred without going through probate. A beneficiary
may also be named on a life estate deed to have property passed down through the generations.
As different assets may be distributed various ways to ensure they aren't part of the probate process,
it is best to seek legal advice. The cost of creating trusts, joint tenancies and more need to be
compared to the costs of probate. Doing so ensures the person creating the will, estate plan or trust
reduces the burden on those left behind. A probate lawyer works with clients to determine which
items they need and which they may do

Personal Narrative: The City Of Odis Jenkins
I, Odis Jenkins, of the city of Jacksonville Fl, Duval county , Florida ,being of sound mind and
disposing memory ,do hereby make, publish and declare this to be my last will and testament,
hereby revoking all wills and codicils by me heretofore made For information purposes, at the time
of this Will I am not married and have the following children: Osiris Jenkins and Santana Jenkins I
direct that all legally enforceable debts as well as funeral expenses, be paid from the assets within
my estate at the most practicable time after my death. I direct any and all other death taxes, or any
property of all kinds tangible and intangible as a part of my gross estate, shall be paid by my
residuary estate. If any part of my estate is distributable

Cause Of The French Revolution
The French revolution was spread over a ten–year period between the years of 1789 and 1799. The
main cause of the revolution was disputes concerning the people's different ideas concerning reform.
The use of money by then king Louis XIV angered the people as they wanted a new system of
government. Considering the writings of Voltaire and Diderot were critical of the government, they
said nor one official in power was corrupt but the whole system of government needed some
changes. Eventually, when royal finances were expended during the 1780s, there was a time of even
more criticism than inspired by the authors. This inspired the notions of peasants concerning
wanting change.
During the old regime in the French government, the king was the ... Show more content on
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It was the model constitution for the rule of the bourgeoisie as the non noble section of the property
owning class within the society. Its preamble proclaimed in revolutionary terms, the complete
abolition of the aristocracy. The abolition of a distinction between the noble and non noble property
owners and provision for a constitutional government responsible to the assembly of property
owners elected on a restricted franchise was objective of the revolution.
After the first moderate stage, the bourgeoisie wanted the revolution to end with them in power,
though the rest of the third estate and the masses were not happy with this of course, considering the
marginalization after the higher middle class took power. A lot of people did not earn enough money
to get these rights. They felt their lives had not really changed but that they had a new and unfair
master. The bourgeoisie had replaced the aristocracy and they now dominated the poor people.

Probate Records
Family Angst Revealed in Probate Records Thinking about probate records instantly brings to mind
what and how much someone left and who they left it too. But probate records can be more than that
and provide information such as: the married names of a daughter, their husband's name,
occupation, address and sometimes even the names of their children the names of grandchildren,
nephews, nieces and siblings bequests to charities or the church which tell of their community
involvement and interests details of property and personal items of value if the will was done in
advance or last minute where there is no will, was death unexpected or something the person did not
want to consider. Probate records are definitely a key genealogical resource ... Show more content
Queensland Queensland State Archives < http://www.archives.qld.gov.au/ > has an index to wills (or
ecclesiastical files) 1857–1900 for all of Queensland and 1901–1940 for the Southern District only.
Queensland is different from other states in that there are four Supreme Court registries based in
Brisbane (Southern District), Rockhampton (Central District) and Townsville (Northern District)
and Cairns from 1997. Although someone from North Queensland would be more likely to have
probate filed in Townsville, it could also be in Brisbane. If in doubt, look in both places. The online
index does not include the intestacy (or Public Curator) files. To assist researchers, there is an online
brief guide to will and intestacy records which lists the main series of records held for each Supreme
Court registry. There are also search procedures which give step by step instructions for locating
wills and intestacies in each of the Supreme Court registries. In addition, researchers can search the
online catalogue ArchivesSearch by person's name but not all will and intestacy record series have
been indexed by individual names. New South

Marital Deduction
deduction is to achieve equal tax treatment of married couples in community property states and
separate property states .
After 1948, the Congress enacts the Tax Reform Act (TRA) of 1976, which indicated "single,
graduated rate of tax imposed of both lifetime gifts and testamentary dispositions" . However, the
carryover basis provision in 1976 was postponed in 1978 and repealed in 1980. In this case, the "old
law" rules effects today carryover basis for inters vivo transfers and testamentary transfers . Today,
every deceased United States citizen must be filed a Federal estate tax return, and if the nonresident
aliens held property in the United States which value exceeds $60,000, the nonresident aliens also
need to file the estate tax return .
III. Marital Deduction for Marital Couples
a. Marital Deduction Definition ... Show more content on Helpwriting.net ...
For every decedents, estates is allowed to deduct the debts owed by the decedent at the time of his
death, and estate is permitted to deduct the costs of estate administration from the value of the estate
before taxes are imposed. However, for the marital couples, there is another deduction for them,
which is called the marital deduction .
The marital deduction allows deduct the value of the property, either outright or in certain trust
arrangements, for the decedent's estate passing to a surviving spouse, whether or nor passing under
the will . If the surviving spouse for a trust wants to qualify for the marital deduction, he or she must
have almost complete control over the trust and its ultimate disposition. Furthermore, he or she
cannot terminate interest .
In this case, the Congress enacts the Qualified Terminable Interest Property (QTIP) rules. QTIP
rules which indicated that even the property left in a terminable interest, if the property is qualified
under certain rules, it still available for the marital deduction .
b. Martial Property and Support

Assignment 1: Decedent Analysis
The Affiant, LAURAADDINGTON, having been duly sworn, states as follows: 1. JAMES
ADDINGTON (the "decedent") died in Knoxville, Tennessee, on May 10, 2014, at the age of forty–
one (41) years, and the decedent's residence at death was 2151 Council Fire Drive, Knoxville, Knox
County, Tennessee 37918. 2. The total value of the decedent's estate that is subject to administration
is less than $50,000.00. The Affiant is a competent, adult legatee of the decedent. The Affiant is the
decedent's wife. 3. The decedent died intestate, and the Affiant is the decedent's wife, and Guardian
of decedent's minor children. 4. A list of the unpaid debts left by the decedent, the name and address
of each creditor, and the amount due each such creditor, is as follows: None ... Show more content
The bond in the amount of $50,000.00 previously secured in this matter has been renewed and
remains in force. 6. Since the filing of the initial Small Estate Affidavit that one third of the
decedent's property has been distributed and the remaining property needs to be distributed. 7. An
itemized description of the decedent's remaining property, the names and addresses of all persons
known to have possession of any of the decedent's property, and a schedule of all insurance on the
decedent's life payable to the decedent's estate, the total value of which is less than $50,000.00, is as
follows: Fidelity Investments (Cash) (estimated) $

Use Of The Following Information Of The Thought Process Is...
Use the following information to answer the questions posed. Please show or explain your work to
the extent possible. If you miss a question but have correct reasoning, I will be able to give you
partial credit. If you just list a final answer, I will not be able to give any credit if you have answered
incorrectly. Demonstration of the thought process is key to achieving full credit! Because this is a
take–home style project not constrained by a time limit, I expect your submission to be a finished
work that is carefully edited and formatted for ease of reading. Typographical and grammar errors
will count against you in the computation of your grade. Show me your best work.
Harrison and Winona Background
Harrison (age 48) and Winona (age 46) have been married for 24 years and live in a community
property state. Winona is a 10–year breast cancer survivor, and Harrison has recently been
diagnosed with prostate cancer. His prognosis is very poor as his cancer had spread to his bones
prior to detection. Doctors have informed Harrison and Winona that survival beyond 24 months is
unlikely. Winona is currently in good health. Winona has one daughter, Olivia (age 26), from a
previous marriage. Olivia lives in a duplex on property owned by her mother and stepfather with her
husband and two small children, ages 3 and 1. Together, Harrison and Winona have the following
children and grandchildren:
CHILDREN AGES GRANDCHILDREN
Twain 22 2 children
Trey 19 1 child
Felicity 13

Does The Language Contained Be A Qualified Domestic Trust?
I. QUESTION PRESENTED
Does the language contained in Form M allow the trust it creates to qualify under I.R.C. § 2056A as
a qualified domestic trust treatment?
II. SHORT ANSWER
Form M does not provide all of the required language needed to allow a trust to qualify for domestic
trust treatment. It is missing two important portions of language needed to allow it to fulfill the
qualification requirements contained in section 2056A and its accompanying regulations. First, it
does not designate that the laws of a particular state will govern administration or be the location of
record keeping. Secondly, the terms of the trust do not otherwise meet the requirements for the
marital deduction under section 2056. Simple changes can be made to the ... Show more content on
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I.R.C. § 2056(d)(1). Congress has provided an exception to this general rule in the form of a
qualified domestic trust (QDOT), which allows the property to qualify for the marital deduction if
the trust meets certain requirements. I.R.C. § 2056(d)(2)(A). For a trust to qualify for QDOT status
and the marital deduction, it must meet the seven requirements contained in the tax code and
accompanying treasury regulations. I will separately discuss each requirement below and whether
the currently language of Form M effectively fulfills that requirement.
B. Designation of U.S State for Administration and Record Keeping
The instrument creating the trust must designate that the laws of a U.S. state or the District of
Columbia will govern the administration of the trust and that the trust must be maintained under this
jurisdiction's laws. The trust records, or copies of these records, must be kept in the same state
which is designated for the administration of the trust. Treas. Reg. § 20.2056A–2(a). The language
of Form M does not specify or mention any state for the location for administration of the trust or as
a location for record keeping. To qualify under this requirement, the document should include the
following language or something similar: "This trust shall at all times be governed, construed and
administered in accordance with the laws of the [Commonwealth of Virginia or other State]."
C. Trust Must Qualify as "Ordinary Trust"
The instrument must create a trust

Subchapter Case Study
Homework Assignment 1
1. Define and discuss Subchapter "J" of the Internal Revenue Code
Subchapter "J" of the Internal Revenue Code provides guidance for the treatment of Estates, Trusts
and its beneficiaries as well as the income in respect to its decedents. It allows the researcher to
determine if and when the income from a property is considered taxable to the estate, trust or its
beneficiaries. It also imposes certain procedures for the Fiduciary ("26 U.S. Code Chapter 1,
Subchapter J – Estates, Trusts, Beneficiaries, and Decedents")
Estates and Trust bare some similarities and federal tax law takes hold of these similarities to tax
them under Subchapter "J".
Subchapter "J "may not always provide the guidance for the taxation of income generated as an
estate or trust if its administration is alive longer than what is deemed necessary for administration
or existence for federal income tax purposes.
2. ... Show more content on Helpwriting.net ...
What is the duration of a Subchapter "J" estate of the Internal Revenue Code
According to regulations, the duration of the estate is however long it is necessary to collect assets
and pay liabilities, expenses, administration and beneficiaries to finalize the settlement of the estate.
Local law does not govern the duration of the estate for federal income tax purposes. If deemed
unnecessary to be active once required activity is performed any additional income may be taxed to
the individuals at their applicable rates and not the estate.
3. What is the property comprising the Subchapter "J" Estate of the Internal Revenue Code
Property comprising Subchapter "J" estate is not all the assets the decedent had interest in at time of
death. Any property that is transferred directly to the survivor at time of death is excluded from the
Subchapter "J" Estate; bank accounts or property with surviving

Target Keyword: Commercial Lawyer
Article: 173 Target keyword: Commercial Lawyer Title: 3 ways your commercial lawyer can help
your small business There are many ways your commercial lawyer can help you and your small
business. A few are below: Banking – At some point, your business will require a more complex
way of receiving funds from buyers or getting funds to suppliers. Depending on the type of
business, these instruments may take many forms. Bankruptcy – In the event of a bankruptcy, a
commercial lawyer will be able to assist the negotiations and planning of disposition of assets to the
various creditors you may have. Contracts – A commercial lawyer is well aware of the various
nuances of contract law, especially depending on the particular state or federal laws ... Show more
content on Helpwriting.net ...
Like many professionals and tradespeople, the skills and training a lawyer or attorney have came
after years of study and hard work. Educate yourself. All legal statutes are printed and often easily
available online. Knowing the broad outlines of the law in your area makes you a better–informed
consumer and better able to begin the process of hiring the best legal advice for you. What to ask:
What are your areas of expertise? Knowing a lawyer's area of expertise will help you find the best
lawyer for your needs. One specializing in civil disputes or divorces is likely not the best for your
What are your usual rates? Nearly all lawyers have a slate of standard fees, which depend on the
type of case, the time necessary, minimum billing increments, potential expenses, and whether the
lawyer may need to retain co–counsel. This last phrase is shorthand for when a lawyer pays another
lawyer with experience in the particular area of the law that complements his

Justice Legislation Amendment (Success And Surrogacy) (Vic)
Your last Will and Testament is arguably the most important document you can leave behind.
Unfortunately, many Willmakers fear that the only legacy they will leave behind is a legal battle
over their Estate. To prevent this, they felt they had to leave assets to people they didn't trust, or
people they believe were underserving of receiving a portion of their Estate, such as children who
have neglected them or who they have not seen for years. On 21 October 2014, the Justice
Legislation Amendment (Success and Surrogacy) Act 2014 (Vic) ("the new Act") was enacted,
which made significant changes to Part VI of the Administration and Probate Act 1958 (Vic) ("the
A&P Act"). Prior to these amendments, the Courts had very wide powers to amend Wills, ... Show
more content on Helpwriting.net ...
Prior to the new Act, people could bring TFM claims in the following circumstances: a.If they could
show that the deceased had a "responsibility to provide" them with maintenance; and b.If the
individual was left without "adequate" or "proper" maintenance. Determining the appropriate
amount of provision depended on the factual circumstances of each case. The new Act narrows the
scope of prospective claimants. Pursuant to the new Act, only the following categories of people are
eligible to bring a TFM claim: 1.The spouse or domestic partner of the deceased at the time of the
deceased's death; 2.A child of the deceased, including a stepchild or adopted child; 3.A person who
believed the deceased was his/her parent; 4.A former spouse or former domestic partner of the
deceased; 5.A caring partner of the deceased whose relationship with the deceased was registered
under the Relationships Act 2008; 6.A

Analysis Of Harvey Mann 's Will And Revoke All Prior Wills...
WILL OF HARVEY MANN
I, HARVEY MANN (Harvey) of Deerfield Illinois, make this my Will and revoke all prior Wills and
codicils.
Article 1
Introduction
1.1 My Family. My "spouse" is ERIN MANN (Erin). I have three (3) children now living, namely
JASON MANN (Jason) who is 37, HILARY JACOBS (Hilary) who is 35, and MARK MANN
(Mark) who is 32. I intend by this instrument to provide for all my children, including any born or
adopted in the future.
Article 2
Gifts to Revocable Trust
I give my tangible personal property and the rest of the property I own at my death (excluding any
property over which I have a power of appointment) to the trustee of the Harvey Mann Trust dated
April 26, 2017 previously signed by me, as in effect at my death ... Show more content on
Helpwriting.net ...
To sell at public or private sale, contract to sell, grant options to buy, convey, transfer, exchange, or
partition any real or personal property of my estate for such price and on such terms as my executor
sees fit;
(c) Real and Tangible Personal Property. To make leases and subleases and grant options to lease,
although the terms thereof commence in the future; to purchase, operate, maintain, improve,
rehabilitate, alter, demolish, abandon, release, or dedicate any real or tangible personal property; and
to develop or subdivide real property, grant easements, and take any other action with respect to real
or tangible personal property that an individual owner thereof could take;
(d) Borrowing. To borrow money from any lender (including my executor individually), extend or
renew any existing indebtedness, and mortgage or pledge any property;
(e) Investing. To invest in bonds, common or preferred stocks (including securities of any corporate
fiduciary or of any affiliated corporation), notes, options, common trust funds, mutual funds, shares

of any investment company or trust or other securities, life insurance, partnership interests, general
or limited, limited liability company interests, joint ventures, real estate, or other property of any
kind, regardless of diversification and regardless of whether the property would be considered a
proper estate investment;
(f) Distribution; Determination of Value. To distribute my estate in cash or in kind, or

The Tax Falls On The Survivors
The estate tax is unique in that it is payable one time and only after the grantor is gone. The effect of
the tax falls on the survivors and is not a burden while the grantor is alive. The IRS Code prevision
allows a federal estate tax marital deduction, which is when a person transfers property at death to
his or her surviving spouse free of federal estate tax. The deduction is available when property
passes to the surviving spouse either as an outright gift in the Will or when property is left in a
marital trust as a benefit for the surviving spouse. It is considered by many to be the most important
estate tax saving device available. The following provides a depiction of the history of the estate tax
in the US as well as the ... Show more content on Helpwriting.net ...
The War Revenue Act of 1898 was repealed in 1903, one year after the end of the Spanish–
American War, but in that short amount of time the tax raised about $14.1 million (Jacobson, Raub,
Johnson, 2007).
In the early 20th century, after worldwide conflict cut into trade tariffs, Congress turned to another
revenue source: The Revenue Act of 1916. This Act introduced the income tax system used today
and also included an estate tax with similar features of today's system. Residents received an
exemption of $50,000 with tax rates starting at one percent and climbing to 10 percent on estates
over $5 million (Jacobson, Raub, Johnson, 2007). As the US entered World War I in 1917, estate
taxes were increased. Unlike the previous Acts, the Act of 1916 was not repealed after the war
ended, but instead the laws surrounding the estate tax framework shifted immensely over the next
century.
History of the Unlimited Marital Deduction
At this point in history no provision for a marital deduction had been made and as a result, residents
of community property states were at an advantage over residents of common law states. In
community property states, marital estates were split in half to create a low overall tax burden. It
was not until 1948 that the estate tax code was amended to reduce these tax

The Pros And Cons Of Estate Planning
It is shocking to know that a majority of working American adults do not make estate planning a
priority. While most agree that estate planning is important, the misconception is that it is too
complicated or expensive. The majority do not know that they are indirectly involved in estate
planning by enrolling in a pension plan at work and choosing their beneficiary. This paper will
examine a simple form of estate planning through different employer benefits and qualified plans;
analyze why employer benefits should be considered in estate planning; determine the extent to
which an employee factors in estate planning when choosing life or death benefits from his or her
job.
Estate planning is the process of anticipating and arranging for the ... Show more content on
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To help finance the Spanish American War, the War Revenue Act of 1898 was passed, and
subsequently abolished in 1902. The 1898 death tax was a form of estate tax, levied upon the value
of all personal property included in a decedent's gross estate (Luckey, 2003). A possession passing
to a surviving spouse was excluded from the tax, and a $10,000 specific exemption excluded small
estates. The tax rates were graduated from 0.74 percent to 15 percent, taking into consideration both
the size of the estate and the degree of affiliation of the decedent and the beneficiaries (Luckey,
2003). Due to the cost of World War I, the Revenue Act of 1916 restored an estate tax that has since
influenced the current estate tax code (Luckey, 2003). In 1797 it was 10 cents on inventories of the
effects of a deceased individual and 50 cents on the probate of wills and letters of administration. In
1862 the tax package included an inheritance tax in addition to the stamp tax of the probate of wills
and letter of administration. Federal death taxes in the United States between 1797 and 1915 appear
to have served as additional revenue sources adopted only during war times (Luckey,

Building A Life Real Estate Agency Disaster Response Team
4.5 Phase 2 Phase 2 is referred to as emergency operations and must be taken from 12 hours after
disaster happened to its termination. During this phase there are actions which should be taken.
Such actions include possibility to continue operations and perform functions for several days with
resource support. Specific Smart Life Real Estate Agency management and staff may be appointed
to serve on Response Team to support it. It is important that Smart Life Real Estate Agency Disaster
Response Team is established prior to activation so that team members can be trained on their team
responsibilities and roles. Depending on the severity and nature of the disaster the Disaster
Emergency team establishes the roster and size of the team that is to be adjusted by the
Commissioner of Insurance if necessary. 5. Organization and Assignment of Responsibilities This
section Organization and Assignment of Responsibilities establishes the plan that should be
followed and be relied on to manage the incident including a list of the kinds of tasks to be
performed by position and organization, and an overview of who does what. The director Smart Life
Real Estate Agency and Associate Director are not able to manage all the aspects associated with an
incident without assistance. That is why there is Emergency Manager, who is responsible for
performing tasks that will ensure the safety of people and staff during critical incident. Director of
Smart Life Real Estate Agency The director

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