Estate Planning Success® for New York Residents:
Detailed Contents
Part I: Estate Planning Fundamentals
Chapter 1: The Estate Planning Process
Introduction
An Estate Plan Is a Responsibility and an Opportunity
Your Estate Planning Team
What an Experienced Estate Planning Team Brings to the Table
Finding an Estate Planning Attorney
The First Meeting With Your Attorney
What Are Reasonable Fees for an Estate Planning Attorney?
An Overview of the Estate Planning Process
Summary
Chapter 2: Estate Planning Fundamentals in New York
Introduction
What Is Estate Planning?
The Estate Planning Revolution
What Happens to Your Assets Depends on “How” You Own Them
Why Comprehensive Estate Planning Is Important
Postmortem Estate Planning
Summary
Part II: Who Will Manage Your Affairs if You Become Incapacitated?
Chapter 3: Planning for Incapacity
Introduction
Who Will Manage Your Assets if You Become Incapacitated?
Who Will Make Your Healthcare Decisions if You Become Incapacitated?
Who Will Pay for Your Care if You Cannot Take Care of Yourself?
Medical Planning for Nursing Home Costs
Long-Term Care Insurance
Trusts for Family Members With Disabilities
Summary
Part III: Who Will Receive Assets Upon Your Death?
Chapter 4: Using Wills and Trusts to Plan Your Estate
Introduction
The Will
What Makes It Legal?
Independent Documents That Are Important to Your Estate Plan
Powers of Appointment
The Eight Primary Estate Planning Challenges Solved by Wills
The Disadvantages of Wills
Trusts
Summary
Chapter 5: Living Trusts in New York
Introduction
What Is a Revocable Living Trust?
The Eight Primary Estate Planning Challenges Solved by Living Trusts
The Parties to a Revocable Living Trust
How to Choose a Trustee
The Registration Process (Funding Your Living Trust)
How to Reregister Assets Into the Name of Your Living
The Operation of the Revocable Living Trust
Revoking Your Living Trust
Tax Treatment of Revocable Living Trusts
Disadvantages of Living Trusts
Types of Living Trusts and Related Estate Planning Documents
Documents That Should Accompany Living Trusts
Summary
Chapter 6: Estate Planning for Retirement Plans and IRAs
Introduction
Review Your Qualified Retirement Plan
Taxes Affecting Qualified Retirement Plans and IRAs
Estate Planning for Retirement Plan Distributions During Lifetime
Estate Planning for Retirement Plan Distributions After Death
Estate Planning Considerations When Naming Retirement Plan Beneficiaries
Summary
Part IV: How Much Will Your Family Need to Pay in Taxes in the Event of Your Death?
Chapter 7: Understanding New York's Death Taxes
Introduction
Overview of the Tax
New York Imposes a "Pick-Up" Tax
New York's GST
Returns and Payment of Tax
Limitations on Entry Into Decedent's Safe Deposit Box
Summary
Chapter 8: The Federal Estate and Gift Taxes Explained
Introduction
Overview of the Federal Estate Tax
Who Must Pay the Tax?
What Are the Tax Rates?
Assets Included in Your Gross Estate at Death
Valuing the Gross Estate
Estate Tax Deductions and Credits
Liquidity Planning
Overview of the Gift Tax
Who Must Pay the Tax?
How the Gift Tax Interacts With the Estate Tax
Payment of the Gift Tax
Income Tax Problems Related to the Gift Tax
The Generation-Skipping Transfer Tax
Summary
Chapter 9: How To Reduce the Federal Estate Tax
Introduction
Strategy Number One: Maximize the Unlimited Marital Deduction
Strategy Number Two: A Credit Shelter Trust Saves the Lifetime Exclusion Amount of the First Spouse to Die
Strategy Number Three: Make Lifetime Gifts to Family Members
Strategy Number Four: Discounting the Remaining Asset Value in Your Estate
Strategy Number Five: Prepay the Estate Tax With Discounted Life Insurance Dollars
Summary
Part V: What Will You Leave Behind of Lasting Significance?
Chapter 10: Charitable Estate Planning
Introduction
What Is Charitable Estate Planning?
What Is a Charitable Gift?
Popular Giving Tools
Gifts That Give Back
Charitable Remainder Trust
Charitable Lead Trusts
Pooled Income Funds
Remainder Interest in Home or Farm
Conservation Easements
Foundations
Charitable Estate Planning With IRAs and Qualified Retirement Plans
Summary
ABOUT THE AUTHORS
APPENDICES
APPENDIX I: The Confidential Estate Planning Questionnaire
APPENDIX II: New York Powers of Attorney
APPENDIX III: Healthcare Proxy
APPENDIX IV: Credit Shelter Trust Illustrations
APPENDEX V: Sample Crummy Letter
APPENDIX VI: The Professional Designations of Estate Planning Advisors
GLOSSARY
INDEX
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