ELDER LAW & ESTATE ADMINISTRATION
BOOK AND AUDIO FOR SALE
This book is from materials from the seminar NUTS AND BOLTS OF ELDER LAW AND ESTATE ADMINISTRATION (2014). Sponsored by the NJ Institute for Continuing Legal Education. The audio CD is also available.
245 page Book elder law & estate
administration including:
•
Why Have a Will?
Gathering
information; standard provisions; designation of fiduciaries; protective
clauses; sample forms; Ethics - who is the client?
•
Powers of Attorney
Types of POAs; what should be included; why clients
need them; POAs and Living Wills; sample forms
•
Living Trusts (Revocable/Irrevocable) as an Estate Planning Tool
Why it
should be used; disadvantages; revocable vs. irrevocable; Insurance Trusts;
sample forms
•
Basic Tax Considerations
Jointly-held property; “I love you” Will; no Will at all; insurance owned by
client; unlimited marital deduction; estate planning in the testamentary
document;
sample forms/letters
•
Estate Administration - New Probate Law in New Jersey Probate process;
duties of executor/fiduciary; gathering of assets; tax returns; tax waivers;
access to property; sample forms/checklists
•
Medicaid Planning in Light of Federal Medicaid Reform Countable assets of Medicaid
applicant; income cap/Medical needy standard; look-back period; transfers of
property; personal residence; Medicaid estate recovery
rules
…and
more
Author/ Speakers:
KENNETH A. VERCAMMEN,
ESQ. Chair, ABA Probate & Estate Planning Committee
Past GP Solo Section
Attorney of the Year Edison, NJ
WILLIAM P. ISELE, ESQ.
Past NJ Ombudsman for the Elderly
MARTIN A. SPIGNER, ESQ. Cranbury,
NJ
ADAM DUBECK,ESQ. Morristown, NJ
Book $36 NJ Bar Member $45 Non-Member Item M57814
Audio CD
and book $152 Member
$190 Non-Member NJSBA Member Item
CDP57814
*NJSBA Member Price
– To qualify for this reduced price, you must provide your NJSBA Member# at the
time you place your order
Contact: New Jersey Institute for Continuing Legal
Education
(732)214-8500
Table of Contents
Page
Articles,
Forms, Checklists
Kenneth
A. Vercammen, Esq. 1
New Client/Schedule Appointment 1
Confidential Will Questionnaire 3
Will Bill 8
Will Draft 9
Doctor Certification of Patient
Capacity to Sign Legal Documents 11
Thank You for Referral 12
Power of Attorney Draft Letter 13
Will
Execution Checklist 15
Will Signing Instructions for Wills or
Power of Attorney Not Signed
in Law Office 17
Referral Out to Another Attorney 19
Letter Re: No Representation 20
Letter Re: Recommending Will to Client 21
Post Will Letter 23
Client Questionnaire/End of Case 25
Letter Re: Power of Attorney Taking Effect 27
Letter Re: Release and Refunding Bonds from Each
Beneficiary 29
Will/Estate Bill 30
Revocation of Durable Power of Attorney 31
“Wills and Estate Planning: Save Money and Provide for Your
Loved Ones” 33
“Federal HIPAA Law Now Recommends New
Power of Attorney –
Special Report” 37
“Living Wills” 41
“Gay Lesbians Partners - Problems if No
Estate Planning” 49
“How to Prepare Letters of Instruction
to Family, Employees, and
Executor Regarding Funeral Arrangements,
Business Transfer and
Post-Death Procedures” 51
“Removing an Executor from an Estate” 55
“Estate Planning for Alzheimer Patients &
Guardianship of Disabled
Adults” 61
“Answers to Questions About Probate and
Administration of an
Estate” 65
“Ten Estate Planning Ideas for Divorced
or Separated Persons” 73
“Executor of a Will – Duties and
Responsibilities – Special Report” 75
“Prenuptial Agreements to Protect Your
Assets in Case of Divorce
or Death” 81
“Undue Influence to Void a Will or
Power of Attorney” 87
Attorney-Client Confidential
Relationship 95
Agreement to Provide Legal Services –
Probate 97
Letter Re: Recommendations to Executor 101
“Trust vs. Wills” 105
Caveat to Will 109
Agreement to Provide Legal Services – Probate
111
Letter Re: No Charge for Advice 115
Guardianship Bill 117
Will Signing Instructions for Wills or
Power of Attorney Not Signed
in Law Office 121
Letter Re: Confidentiality of Files 123
Letter Acknowledging Receipt of
Documents 125
Central Jersey Elder Law
Website/Articles 127
“Dying Without a Will” 133
Elective Share of Spouse 141
Joint Bank Accounts Upon Death 149
What is a Probate Release &
Refunding Bond? 163
Call Notes of ABA Aging and Law
Networking Call 167
ABA Estate Planning, Probate &
Trust Committee
Spring
2014 Report 171
Winter 2014 Report 175
Fall 2013 Report 179
ABA Solo, Small Firm and General
Practice Division Council
Agenda Report Form – Summer Annual 2013 183
“Ethics
Committee Opinion 692 Clarified on Retaining Client Files” 187
Financing
Nursing Home Care in New Jersey
PowerPoint
Presentation
William
P. Isele, Esq. 189
Attachments
Undue Hardship Consideration [N.J.A.C.
10:71-4.10(q)] 199
Medicaid Communication NO. 14-06 (Increase in the Penalty
Divisor) 201
NJ
Estate Administration Basics
PowerPoint
Presentation
Adam
P. Dubeck, Esq. 203
Attachments
Signature Page of Will 211
Probate Form A: When There is a
Will 213
Probate Form B: When There is No
Will 217
Notice of Probate 220
Proof of Mailing 221
Caveat 222
Authorization of Release of Financial Records and Information 223
Form 4506-T: Request for
Transcript of Tax Return 224
Inheritance and Estate Tax Brochure (NJ Division of Taxation) 225
Refunding Bond & Release 227
Waiver of Formal Accounting, Release & Indemnification 229
Nuts
& Bolts of Elder Law and Estate Administration
Martin
A. Spigner, Esq. 231
Why Do Estate Tax Planning? 231
The Survivor’s Choice (Disclaimer)
Trust or the Unified Credit
Trust 231
Irrevocable Life Insurance Trust 234
Gift-Giving 234
Intentionally Defective Grantor Trust
(“IDGT”) 235
How the IDGT Works 235
Rev. Rul. 2004-64 237
IDGTs vs. GRATs 237
Irrevocable
Life Insurance Trusts
Martin
A. Spigner, Esq. 239
Introduction 239
Irrevocability 239
Payments of Premium; Crummy Powers 240
Limiting Right of Withdrawal 240
Trustees 241
Administration of the Trust; Taxes;
Fees 241
Spendthrift Provisions 242
Execution of Trust 242
Post-Execution 242
Attachments
About
the Panelists… 245