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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Personal property law > Equity & trusts
Landmark Cases in Equity continues the series of essay collections which began with Landmark Cases in the Law of Restitution (2006) and continued with Landmark Cases in the Law of Contract (2008) and Landmark Cases in the Law of Tort (2010). It contains essays on landmark cases in the development of equitable doctrine running from the seventeenth century to recent times. The range, breadth and social importance of equitable principles, as these affect commercial, domestic and even political matters are well known. By focusing on the historical development of these principles, the essays in this collection help us to understand them more clearly, and also provide insights into the processes of legal change through judicial innovation. Themes addressed in the essays include the nature of the courts' equitable jurisdiction, the development of property rights in equity, constraints on the powers of settlors to create express trusts, the duties of trustees and other fiduciaries, remedies for breach of these duties, and the evolution of constructive and resulting trusts.
This book is essential for anyone involved with a revocable living trust. If you are a trustee of a trust with either existing or future beneficiaries, you will acquire very valuable information about your responsibilities from this book and the other volumes in this four part series. The authors have decades of experience in dealing with issues presented to trustees, both the common ones and the often surprising ones that pop up. The text is easy reading because it is presented in a very helpful question and answer format. Legal jargon is avoided and the authors handle technical matters in an understandable, common sense digestible way. If you are looking for a dynamic, thorough and interesting book on the subject of trustees, pick this one. Questions? Contact the authors at [email protected]
This book is essential for anyone involved with a living trust. This is the second book in a four part book series. It's purpose is to give practical advice to trustees on steps to take in the settlement of a trust. You will gain very valuable information on the responsibilities of a trustee by reading this book. It covers both the powers given to the trustee by the trust itself and those implied by law. The authors have decades of experience as an estate planning attorney and as a settlement officer for trust estates. They present the material in an easy to digest question and answer format. Legal jargon is avoided but technical matters are handled simply and practically for the first time trustee If you are looking for a dynamic, thorough, and interesting book on the powers of the trustee, pick this one. Questions? Contact the authors at [email protected].
Almost everyone experiences the duties of a Trustee as a once in a life time event. Unless you are a professional fiduciary, you will not have had occasion to work in this capacity before. This means that you are liable to make mistakes - sometimes very serious ones - because of lack of experience in these matters. That is why this book is so valuable to you. Here we provide you both important answers and psychological relief. You can move forward with confidence, knowing that you have all the right questions covered and you have received the correct answers from true professionals. The book is very easy reading because it is provided in a question and answer format. You want to know what you need to know and you want to be assured that you are asking all the right questions. The authors have decades of experience in the field of estate planning. They apply their considerable knowledge of working with trustees on the settlement of a wide variety of estates to make you feel confident that you will be able and prepared to perform your duties. You will get the answers you need and you can be assured that the subject is covered very thoroughly. So, if you are looking for a book on the settlement of an estate, or if you need to know what you have to do as a trustee, this is the perfect book for you. So let me congratulate you. You have done the right thing, made a wise choice in purchasing this book. Questions? Contact the authors at [email protected].
Evaluation and assessment of land administration system has been getting more attention over the last few years. Different assessment approaches have been tried across land administration systems at international level to assess the performance of these systems, but the attention is given to only those parameters which are common to all these systems. In some cases, legal and technical parameters are considered while institutional and organizational parameters got more attention in others. There have been a few efforts to standardize the procedures for assessing the performance of land administration systems at international level but no internationally accepted or standardized method is there to assess the quality of a standalone system. This work is an effort to standardize the quality assessment framework through a systematic approach of using case study methodology to analyze the system first and then apply total quality management (TQM) concepts to land administration system for further quality improvement.
This book initially describes the existence of kampung in the centre of Jakarta and the most prominent strategy to tackle in the past-KIP (Kampung Improvement Program)- with its shortcomings. Then, the book elaborates the concept of land readjustment in general and examines the practice of land readjustment in Germany and Japan as references for possible application in Jakarta. Lessons learnt are taken from both countries experiences and ultimately put forward a model of potential application for kampung upgrading in Jakarta.
Thinking about your death isn't easy, but it's even harder to consider the consequences of not thinking about it. Failing to execute a will or set up a trust could burden your heirs beyond just grief at your passing, leaving them to deal with your incomplete affairs as well. Stephen L. Smith, a longtime attorney with thirty-five years of experience in estate planning, seeks to take the mystery out of what can often be an intimidating process. Using this guide, you can learn how to understand the differences between wills and trusts; evaluate attorneys and tax advisers; empower yourself to direct the planning process; and maximize the money and assets that get passed to others. Whether you have a large estate or a modest one, it's important to engage in estate planning to make your wishes known. Take control of the process by arming yourself with the knowledge in "Taking the Mystery out of Estate Planning."
The Will and Trust Companion Guide is the perfect companion document to your will and trust. Even if you don't have a will or trust, this guide will be valuable for organizing your current personal records. In most wills and trusts many important personal records are not included. Instead of having your heirs search for this information, this helpful guide will provide a clear path to the whereabouts of your personal records and final wishes. The Will and Trust Companion Guide is easy to fill in and update. It was designed to be completed within just a few hours. Fillable pages include a checklist, location or records, business interests, cards, charities, contacts (personal and professional), final wishes, financial assets, financial liabilities, insurances, personal information, personal property, safe deposit box information, social security information, real estate, and vehicles. A notes section is also included. This easy to fill in guide will be your heirs' companion when they need it most.
DO YOU MAKE THESE ESTATE PLANNING MISTAKES? * Do you believe that having a Will avoids probate? * Do you think your estate is too small for estate planning? * Have you added one of your children's names to your home's deed to avoid probate? * Have you prepared a trust and never funded it? In nearly 30 years of practicing law in Florida, Dean Hanewinckel has helped his clients avoid these and other mistakes, while preparing an estate plan that saves money, time and aggravation. This book will teach you in plain-English what you need to know to create the perfect estate plan for you and your family and give you peace of mind.
The Government Has Already Written Your Will Nobody likes estate planning, but without it every dime you've
saved and even your house will go where Uncle Sam says, which isn't
where you want them to go. You will also incur excessive court
costs and legal fees and wade through miles of bureaucratic red
tape. As an attorney with a focus on estate planning, Eric Gullotta
counsels clients on what will happen to their assets under
California intestacy laws. He also shows them how to "disinherit"
the government and ensure their assets go to their families,
friends, or other recipients of their choosing. Did the Government Write Your Will? provides an education on the
true cost of leaving your estate in the government's hands and will
help you make informed, proactive decisions regarding your
assets. What Other People Are Saying "If you are interested in making smart choices about your
estate, you need this book." "An excellent summary of the laws and procedures surrounding
settlement of estates... Gives an overview of probate and estate
administration law with great information for the average
reader." "Eric walks you through what happens if you don't make decisions
and explains in clear terms what some of the decision points
are...You should keep it on your shelf, right next to your estate
plan, so you can reference your wise decision." "This is a must-read for all who are wondering why they need a
will or a revocable trust."
A gift made through a will or living trust can be flexible, easy to arrange, and may be changed as your life changes. Many people choose to create both a will and revocable living trust instead of solely relying on a will. They like the cost and time savings, plus the added control over assets that living trusts can provide. "Give Through A Will & Living Trust" can help you put your wishes into writing and help you understand the legal documents you create. You'll discover how to: make a gift of a specific amount, provide for a gift of a particular property, reduce the potential family conflicts, designate a percentage of your estate that will be given to your family, friends, and/or favorite charity through your will or living trust, specify funeral wishes, reduce stress and heartache for loved ones, expedite the legal process, and much more. The purpose of creating a will and/or living trust is to ultimately help you better realize a vision for your estate and, in turn, your legacy. While your intentions and directions may be clear, it is vitally important that the will and/or living trust be properly drafted, so that you and your beneficiaries can reap the benefits you intend. If you haven't stopped to consider how a will or living trust can help you pass on your legacy, you should consider creating one immediately. Protecting wealth for future generations should be one of your top priorities. Sample Forms Include: Wills Last Will and Testament (for single and married couples) Self-Proving Affidavits Living Will Trusts Single Person Living Trust Shared Living Trust AB Living Trust (with and without Disclaimer Statement) The Legal Self-Help Guide series provides information to those who want to understand their legal rights and responsibilities in an effort to resolve legal problems or know enough to feel confident in their decision to retain legal counsel. This Guide provides plain-English explanations as an alternative to the legal jargon that fills legal books Express Your Rights. At Peerless Legal we believe the law is only useful when people have the tools they need to understand their rights. Join us on our quest to make the law usable and accessible to anyone. Peerless Legal was founded with quality in mind. All of our products are created by a licensed attorney who believes in our mission to empower individuals by giving them the legal self-help tools to access legal information, make decisions, and engage the system. You can take part by turning information into actions. No CDs No Confusing Online Application Forms No Monthly (Or Hourly) Fees Save Time Save Money Make It Legal Learn Basics
New issues in estate planning today include the inheritance rights of sperm bank children, increasing recognition of an action for Intentional Interference with an Expectancy (Anna Nicole Smith case), the Harmless Error rule, and the increasing liability for attorneys who do a poor job of drafting. The book uses the richness of relatively full versions of contemporary cases - interspersed with segments of relevant statutes - to show the variety of important issues involved in any real case, and the variety of different techniques which may be employed to try to reach a particular result. Memorable stories and recent cases illustrate the fundamentals of estate planning. A few of the major issues in probate are included, such as entry into the safe deposit box of the deceased, giving (or avoiding) notice to creditors, and disputes over who is entitled to serve as personal representative when there is a serious dispute between creditors and heirs. The combination of good stories, relevant statutes, and important contemporary issues should give the reader a rich understanding of the area of estate planning. About the author: Prof. Lucy A. Marsh, a graduate of Smith College and the University of Michigan Law School, has taught Trusts & Estates for many years at the University of Denver Sturm College of Law, and is the author of assorted books and articles in the field. She is Founder and Director of the Wills Lab, in which students write real wills, medical powers of attorney, living wills, and related documents for low-income clients under the direct supervision of practicing attorneys - thus giving law students the opportunity to learn the important skills of interviewing, advising, and drafting from lawyers who are experts in the field. Her goal is to help students learn how to apply theory to practice - effectively.
Equity and Trusts in Nigeria covers wide-ranging issues in this area of law and draws from a mixture of property law and the law of obligation. Some of the topics covered are: History and Development of Equity; Equitable interest in land; The nature of trust; Matrimonial property and trusts; Charitable trust; General equitable defenses; Trustees' fiduciary duties; Commercial trusts and insolvency; and the future of equity.
One of the fastest ways to transfer property after your death is through a living trust because trusts are not required to go through probate court. In addition to saving time and avoiding probate costs, a trust lets you control who will receive property after you die. "8 Living Trust Forms" helps you create your own living trust forms to meet your needs. You'll discover how to: avoid probate, distribute property quickly, keep property distributions private, provide an alternative to creating a will, ensure your possessions will be distributed as you wish, reduce the potential family conflicts, and much more. For many people, a will is their first choice for passing on property to their loved ones, but it's not the only document that should be considered. Both a will and living trust contain your inheritance instructions, meaning they state who gets what property, when they will get it, and how they will get it. To create a living trust, a lawyer is not required or necessary, especially for simple living trusts. All you really need is a little bit of intelligence and the right information. A living trust can be an important part--and in some cases, the most important part--of your estate. A living trust can help ensure that your assets are managed according to your wishes, even if you become unable to manage the trusts yourself. Sample Living Trust Forms Include: Single Person Living Trust Married Living Trust Married AB Living Trust Florida Witness Statement for Living Trust Assignment of Property to a Living Trust Affidavit of Assumption of Duties by Successor Trustee Living Trust Amendment Revocation of Living Trust Checklist The Legal Self-Help Guide series provides information to those who want to understand their legal rights and responsibilities in an effort to resolve legal problems or know enough to feel confident in their decision to retain legal counsel. This Guide provides plain-English explanations as an alternative to the legal jargon that fills legal books. Express Your Rights. At Peerless Legal we believe the law is only useful when people have the tools they need to understand their rights. Join us on our quest to make the law usable and accessible to anyone. No CDs No Confusing Online Application Forms No Monthly (Or Hourly) Fees Save Time Save Money Make It Legal Learn Basics Learn more and get updates at www.PeerlessLegal.com.
Do you know what to do when someone dies? Losing a loved one is one of life's most difficult experiences. There are so many conflicting emotions and yet, if you have the responsibility as a successor trustee or personal representative there's so much to do. Where do you begin? Who can you trust? Where do you turn to get your questions answered? Straight Talk What To Do When Someone Dies provides you with insight about the things you should be doing, how to speak the language, who to trust and ultimately how to get the results you (and your loved one) intend. In their straight forward, easy to read style, Peggy Hoyt and Debbie Roser will answer your questions and help you navigate your fiduciary responsibilities, including what you should and shouldn't be doing during the administration process. They will help you understand probate, trust administration and the important differences between Wills and Trusts. You'll learn how to prepare your own estate plan for your loved ones to prevent unexpected results, including the costs of estate planning (or not planning), and why how you own your property is so important. Straight Talk What To Do When Someone Dies is a must read for everyone who has ever lost a loved one or might lose a loved one someday
JOINT PROPERTY CAN DESTROY YOUR ESTATE. While it seems easy to retitle accounts as joint with a right of survivorship, it can come with DEVASTATING TAXES and LAWSUIT LIABILITY. But there are legal and effective planning solutions to help your family AVOID PROBATE and UNNECESSARY TAXES. Trust planning can provide PEACE OF MIND... but only if you plan ahead, use the RIGHT DOCUMENTS and work with the RIGHT PROFESSIONALS. You'll learn how folk remedies like joint property can produce a tax and legal nightmare; how proven planning techniques can avoid the probate process while avoiding unnecessary taxes; and how a trust can protect your assets from your children's divorcing spouses and bad spending habits.
You may not have had a say in how you entered this world, but you don't have to leave it that way. Provide your family peace of mind and make it easier on yourself. Will, Trust, & Power of Attorney Creator and Estate Records Organizer can help you create legal estate documents you actually understand. Here is your guide to ensuring your family will have a place to live, financial stability, and minor children are provided for. You'll discover how to: finalize your will, reduce potential family conflicts, express your wishes about who will get what property, select someone to raise minor children, create a trust to financially support minor children, reduce estate taxes, bypass probate court, authorize someone to act on your behalf regarding healthcare and financial matters if you become unable to make your own decisions, you become too sick to make your own decisions, organize important estate records, leave a final letter to your loved ones, understand the documents you create, and much more. Regardless of its value, your family will likely benefit from an estate plan. And you don't have to spend a fortune to get it done, either. All of the forms you will need are included in this guide. Sample Forms Include: Wills: Last Will and Testament (for single and married couples), Self-Proving Affidavits, and Living Will. Trusts: Single Person Living Trust, Shared Living Trust, and AB Living Trust (with and without Disclaimer Statement). Power of Attorney: Healthcare-Durable Power of Attorney, Financial-Durable Power of Attorney, and Minor Child Care-Limited Power of Attorney. The Legal Self-Help Guide series provides information to those who want to understand their legal rights and responsibilities in an effort to resolve legal problems or know enough to feel confident in their decision to retain legal counsel. This Guide provides plain-English explanations as an alternative to the legal jargon that fills legal books. Express Your Rights. At Peerless Legal we believe the law is only useful when people have the tools they need to understand their rights. Join us on our quest to make the law usable and accessible to anyone.
Approximately 70% of Americans will face difficult end of life medical decisions. Making these decisions for ourselves is hard, but making these decisions for our loved ones can be heart-wrenching. Chances are you know someone who has been in the position of needing to make important medical decisions for a dying family member. More often than not, these decisions are followed by second guessing and self-doubt. Why Every Adult Must Have A Health Care Directive is a fun and fast read covering the reasons for having a Health Care Directive and the steps to preparing one. A free Minnesota Health Care Directive form is included.
TrustWorthy is a collection of 25 personal -- and positive -- stories told by beneficiaries, trustees and their advisors. The book speaks to the human side of personal trusts, leaving the technical side (legal, tax, investments) to others. The book's objective? To begin to transform the most complex, conflicted and difficult relationship known under the law -- the "arranged marriage" between beneficiary and trustee -- by supplanting prevailing negative assumptions and behaviors. Readers are given a peek at "what other families do." Storytellers tackle big questions, for example: How can trusts be used to promote beneficiaries' maturity? What should I look for in a trustee? How can beneficiaries successfully integrate inheritances into their lives? How can trustees, prudently and within legal and other constraints, administer trusts in a way that enhances beneficiaries' lives? How can the widespread dissatisfaction, and all the talk of "problem" beneficiaries and "problem" trustees, give way to more creative and productive relationships? Hartley Goldstone, J.D. and MBA, delights in being surprised by profound questions, having served families for 30 years at attorney, trustee and planner. Today, he is an accomplished speaker, educator and coach for trustees, inheritors in all stages of life, their families and advisors. Kathy Wiseman, MBA and faculty at the Bowen Center for the Study of Family systems, assists people with the legacy potential of their family business, foundation and wealth. She educates families and their professionals about the human assets that underlie success for any trust/estate. Here's what others say about TrustWorthy You are about to go on the positive journey that is the ongoing effort of Hartley and Kathy to reengineer the beneficiary/trustee relationship toward its higher functioning... -From the Foreword to TrustWorthy, by James E. Hughes Jr., author of The Cycle of the Gift and Family Wealth This is the one book to read this year if you are creating your estate plan, if you are a trustee or a beneficiary, or if you advise families of wealth. You will not think about trusts in the same way again. -Charles W. Collier, Former Senior Philanthropic Advisor at Harvard University and author of Wealth in Families TrustWorthy should be required reading not only for trustees and beneficiaries, but also for grantors and trusted family advisors. Hartley and Kathy's decision to use storytelling to reveal the vast potential in the trustee and beneficiary relationship was a stroke of genius. The stories in this book are inspiring and do a great job of demonstrating how trusts can be used not only to transfer financial wealth, but also to transfer legacy from one generation to the next. -Sara Hamilton, CEO and Founder, Family Office Exchange
This book will guide you, step-by-step, as you to get your financial and legal affairs in order after the death of your Spouse. Some of the topics included are: do you need to probate; how to organize and manage your finances; how to apply for social security, insurance and retirement benefits; when you need an accountant; what if your Spouse owned a business; how to pick an attorney; how to get your own affairs in order; beneficiary designations; power of attorney; medical power of attorney; guardians; wills; trusts; how you can avoid probate. There are no do-it-yourself legal forms, but there are 10 forms and checklists you can download (included in the price of the book) which streamline the process and save you time and energy. A Personal Note from the Author "Although I've been an estate planning and probate attorney for 30 years, I'm really in the peace of mind business. Once your affairs are in order, you will have made things as easy as possible for yourself and you will achieve peace of mind."
Straight Talk About Estate Planning provides a no-nonsense look at the importance of estate planning and how to create an estate plan that works In their straight forward, easy to read style, Peggy Hoyt and Debbie Roser lead you on a journey through the maze of legal potholes that include staying out of the guardianship courts, avoiding probate, reducing gift and estate taxes and making more than sure your plan accomplishes your personal and family goals. Meet Mary, mother of three who visits attorney Harry Hurry and ends up with an estate plan that is a complete waste of money and doesn't come close to accomplishing her simple goal of providing for her children. Discover the importance of how assets are titled, how beneficiaries are designated and how to avoid the bad things that happen to good people. Get acquainted with Annabelle, a beloved dog whose owner leaves for an ordinary day and never returns. Discover how to protect the people and pets you love through special planning considerations that include special needs trusts, trusts for unmarried partners, lifetime protective trusts and pet trusts. Straight Talk About Estate Planning will entertain you while imparting crucial information you need for every aspect of your life - now while you are alive and well, in the event of your mental disability and at the time of your death. It's a must read for everyone
In "Administering the California Special Needs Trust, " author Kevin Urbatsch presents a guide for anyone assigned the duty of managing a Special Needs Trust for a person with a disability. Though geared toward those who never have administered a trust, it also provides sophisticated answers for experienced trustees concerning some of the unique responsibilities a trustee of a special needs trust will encounter. Urbatsch, a California attorney who has years of experience in assisting trustees to manage special needs trusts, has written extensively for both attorneys and families on how best to establish a special needs trust. "Administering the Special Needs Trust" addresses specific California issues that a special needs trust trustee encounters daily. In a question-and-answer format, it addresses how to avoid the most common mistakes made by SNT trustees; understand the type of public benefits available for California persons with disabilities; learn how SNT disbursements will affect these public benefits; best pay for a person with a disability's housing, caregiver costs, transportation, and related expenses; handle SNT investments, accountings, and taxes; terminate the SNT. With checklists, form documents, and law summaries included, "Administering the Special Needs Trust" contains a wide range of information for those charged with the responsibility of managing a special needs trust for people with disabilities. |
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