
The Tools & Techniques of Estate Planning, 21st Edition
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The Tools & Techniques of Estate Planning, 21st Edition
About this book
Tools and Techniques of Estate Planning covers all aspects of estate planning, from behavioral and ethical issues to estate and gift tax planning, to planning for nontraditional couples and the risk of health issues for aging clients. With topics that are applicable for both large and small estates, this title enables estate planners to:
- Help clients plan every aspect of their estate, including tax, investment, insurance, and estate administration decisions;
- Help clients effectively preserve their assets under current law;
- Handle a wide variety of estates and specific circumstances; and
- save significant amounts of time with exclusive estate planning tools.
This book features easy-to-understand, real-world examples from expert authors on which techniques are best suited for a wide variety of circumstances, and equally important advice on how to avoid future problems.
New in the 21st Edition:
- Thoroughly updated including the latest Secure Act 2.0 changes and five new chapters.
- SECURE Act 2.0 Proposed Regulations and Secure 2.0 Act changes, such as
- the new required minimum distribution ages
- Employee Stock Ownership Plan changes
- when RMDs must be paid out after the death of the account holder
- proposed regulations interpreting the 10 year rule differently when decedent dies before reaching the required beginning date versus after o starting in 2024, additional incentives if the trust is a conduit trust for a surviving spouse
- starting in 2024, how Roth employer plans won't be subject to mandatory distributions during their lifetime
- how SECURE Act 2.0 encourages expansion of vesting, eligibility and establishment of qualified retirement plans o a provision that incentivizes small employers to make military spouses eligible for plan participation and matching sooner than they would otherwise have to
- A new chapter 32, Spousal Lifetime Access Trust (SLAT), including the advantages and disadvantages and potential uses
- A new chapter 35, Beneficiary Deemed Owner Trusts, explaining the advantages of a BDOT, including how they allow the shifting of the income tax burden to the powerholder without having to make a distribution
- A new chapter 44, Using Formula Powers of Appointment/Optimal Basis Increase Trusts (OBITs), discussing how it can be used to avoid a step down in basis and an increase in estate or GST tax
- A new chapter 60, Planning with Roth Retirement Accounts, which explains the two key advantages of Roth IRAs over traditional IRAs, as well as the impact of conversions on the beneficiary designation and estate plan and how trusts for the two types of plans may be drafted differently
- A new chapter 66, Community Property Trusts, identifying the advantages and disadvantages of creating these trusts
- A fully revised chapter on Planning with S Corporations, including recent IRS taxpayer-friendly guidance on inadvertent S corporation terminations with simplified procedures
- An update on state laws, including the states that have adopted the Revised Uniform Limited Liability Company Act and states that still have inheritance and/or estate taxes, as well as states that now permit “legal suicide”
- Revisions to the chapter on planning opportunities for family members are not U.S. citizens, including a list of countries that have estate or gift tax treaties with the United States
Topics Covered:
- Overview of estate planning, including ethical and malpractice issues
- Ownership and transfer of property, including Uniform Transfer to Minors Act, power of appointment, wills and probate
- Estate taxes, gift taxes and generation-skipping transfer tax
- Trusts including grantor retained interest trusts, QTIP trusts and marital deduction trusts
- Life insurance, including life insurance trusts
- Business transfers such as split interest purchase of property, buy-sell business agreements, limited liability companies and S corporations
- Retirement issues such as pension plans, 401k plans, individual retirement plans and SEPs
- Planning for aging and health care challenges, including health care documents and issues related to blended families
- Valuations of assets, including digital assets, as well as issues related to non-U.S. persons
As with all of the resources in the highly acclaimed Leimberg Library, every area covered in this book is accompanied by the tools, techniques, practice tips, and examples you can use to help your clients successfully navigate the complex course of estate planning and confidently meet their needs.
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Information
Table of contents
- Title
- Copyright
- DEDICATION
- ACKNOWLEDGEMENTS
- ABOUT THE AUTHORS
- Part 1: The Purpose and Practice of Estate Planning
- Chapter 1: Overview of Estate Planning
- Chapter 2: Data Gathering and Analysis and Initial Client Interview
- Chapter 3: Human Side of Estate Planning
- Chapter 4: The Unauthorized Practice of Law
- Chapter 5: Ethics – A Practical Guideline
- Chapter 6: Malpractice in Estate Planning
- Part 2: Ownership and Transfer of Property
- Chapter 7: Ownership and Transfer of Property
- Chapter 8: Gifts
- Chapter 9: Uniform Gifts/Transfers to Minors Acts
- Chapter 10: Wills
- Chapter 11: How to Review a Will: A Checklist for the Estate and Financial Planner
- Chapter 12: Powers of Appointment
- Chapter 13: Disclaimers
- Chapter 14: Selecting the Right People
- Chapter 15: Probate and Trust Administration
- Chapter 16: Executor’s Primary Duties
- Part 3: Taxes
- Chapter 17: Trusts in General
- Chapter 18: Estate Tax
- Chapter 19: Extensions of Time to Pay Estate Tax
- Chapter 20: Gift Tax
- Chapter 21: Generation-Skipping Transfer Tax
- Chapter 22: Federal Income Tax Issues
- Chapter 23: Qualified Business Income Deduction
- Chapter 24: Post Mortem Tax Elections
- Chapter 25: Death Tax Apportionment and Estate Tax Reimbursement
- Chapter 26: State Death Taxes
- Part 4: Irrevocable Trusts
- Chapter 27: Marital Deduction and Bypass Trusts
- Chapter 28: Section 2503(b) and 2503(c) Trusts
- Chapter 29: Grantor Retained Interest Trusts (GRIT, GRAT, GRUT, QPRT)
- Chapter 30: Intentionally “Defective” Trust
- Chapter 31: Tax Basis Irrevocable Trust
- Chapter 32: Spousal Lifetime Access Trust (SLAT)
- Chapter 33: Inter Vivos QTIP Trusts
- Part 5: Life Insurance
- Chapter 34: Life Insurance
- Chapter 35: Beneficiary Deemed Owner Trusts (BDOT)
- Chapter 36: Irrevocable Life Insurance Trust
- Part 6: Charitable Giving
- Chapter 37: Charitable Contributions
- Chapter 38: Charitable Split Interest Trusts
- Chapter 39: Conservation Easement Exclusion
- Part 7: Intra-family and Other Business Transfers Techniques
- Chapter 40: Intra-Family Loans
- Chapter 41: Installment Sales and SCINs
- Chapter 42: Private Annuity
- Chapter 43: Interest-Free and Below Market Rate Loans
- Chapter 44: Using Formula Powers of Appointment/Optimal Basis Increase Trusts (OBITS)
- Chapter 45: Split Interest Purchase of Property (SPLIT)
- Chapter 46: Sale (Gift) – Leaseback
- Chapter 47: Buy-Sell (Business Continuation) Agreement
- Chapter 48: Section 303 Stock Redemption
- Chapter 49: Family Limited Partnerships
- Chapter 50: Planning with C Corporations
- Chapter 51: Limited Liability Companies
- Chapter 52: Personal Holding Company
- Chapter 53: Planning with S Corporations
- Part 8: Planning for Employee Benefits and Retirement
- Chapter 54: Deferred Compensation (Nonqualified)
- Chapter 55: Employee Stock Ownership Plan
- Chapter 56: Individual Retirement Plans (Including SEP and SIMPLE IRAs)
- Chapter 57: Profit Sharing/401(k)/Pension Plan
- Chapter 58: Survivor’s Income Benefit Plan
- Chapter 59: Planning with IRAs and Qualified Retirement Plans
- Chapter 60: Planning with Roth Retirement Accounts
- Part 9: Human Aspects of Estate Planning
- Chapter 61: Planning for Aging and Health Challenges
- Chapter 62: Durable Power of Attorney
- Chapter 63: Health-Care Documents
- Chapter 64: Revocable Trusts
- Chapter 65: Planning for Unmarried Partners
- Chapter 66: Community Property Trusts
- Chapter 67: Marriage Contracts and Property Agreements
- Chapter 68: Representing Blended Families for Estate Planning
- Part 10: Valuation Issues
- Chapter 69: Planning for Digital Assets
- Chapter 70: Valuation Planning
- Chapter 71: Freezing Techniques – Corporations and Partnerships
- Chapter 72: Non-U.S. Persons in the Estate Plan
- Index
- Back Page