Flexible trusts and estates for uncertain times

Horn, Jerold I., 1941- author

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  • "We find ourselves in uncertain times -- and uncertainty promises to be the state of things for the foreseeable future. Therefore, clients' plans are often fraught with risk, and demand flexible and creative solutions. Attorney Jerold I Horn provides just these solutions, in the new Fifth Edition of Flexible Trusts and Estates for Uncertain Times. Written for lawyers who already possess a sophisticated understanding of estate planning and will and trust drafting issues, this book contains the wisdom and experience of Horn's decades of practice. The new edition further refines and expands the analysis experience practitioners have come to expect from this title, with over 150 sample forms, over twenty complete wills, trusts and other instruments, and extensive analysis of the options for creating and completing all of these. Lawyers new to the area will find a great deal of helpful information as well, as Horn provides the framework for understanding concepts, then details the multitude of options available. Flexible Trusts and Estates for Uncertain Times has been an indispensable resource for attorneys engaged in estate planning and instrument drafting for many years. Lawyers who have consulted previous editions will find Horn's many updates useful and informative. Those new to the work will quickly learn why it is considered a classic in the field"--Unedited summary from book cover.


  • Includes index.


  • Introduction -- The real attraction of bypass trusts -- The building blocks for payments to beneficiaries -- Use of exemptions -- Increase of basis -- Dispositive configurations -- Allocation of death costs -- Special dispositive provisions : discountable interests -- Special dispositive provisions : different interests and powers but equal values for different children : allocations, advancements, charges, control devices, mergers, mixing bowls, and options -- Special dispositive provisions : gifts during incapacity -- Severance of trusts into GST exempt, GST nonexempt, and other portions -- Special dispositive provisions : miscellaneous -- Avoiding and attracting grantor-trust treatment -- Accommodation of special assets : Code Section 2032A -- Accommodation of special assets : S corporation stock -- Accommodation of special assets : interests in qualified plans and IRAs -- Inter vivos marital dispositions -- Integration of exempt and nonexempt dispositions -- Perpetuities and power-of-appointment issues : the Delaware tax trap, savings clauses, and special administration of appointed assets -- Trust management -- Conclusion
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