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A comprehensive analysis of the law governing valuation of marital property in equitable distribution cases. The monograph discusses valuation of pension and retirement benefits, goodwill and professional practices, and marital debts, with sources of information and suggestions for approaching difficult valuation problems.
Most states across the country have some form of equitable distribution of assets upon divorce. There are three basic steps in any property distribution scheme: identification, valuation and distribution of those assets. Valuation Strategies in Divorce, Compiled Fourth Edition covers virtually all valuation issues that arise in a divorce case. This essential resource addresses valuation methodologies and techniques for all assets in a divorce case, including such unusual assets as lottery winnings, frequent flyer mileage, and professional licenses and degrees. It also addresses valuation strategies, including sample direct and cross-examination questions of an expert, valuation checklists, sample appraisal reports and a mock trial transcript. Valuation Strategies in Divorce, Fourth Edition: Helps attorney assure that non-monetary assets at issue in a divorce proceeding are neither under-appraised nor over-appraised. Ensures that client's assets are appraised at fair market value. Provides strategies for valuation of specific types of marital assets, such as businesses, art collections, jewelry, luxury goods, homes, vehicles, real estate, and retirement account Almost every chapter includes forms, samples, and other practice aids such as: Form interrogatories, QDROs, and a real estate appraisal form Form pleadings to obtain discovery in foreign countries Sample Document Request for all types of assets in a divorce case Checklists of documents needed to appraise various types of assets Sample authorization for the release of pension documents Sample direct and cross-examination questions Charts of reported cases indicating the range of minority, marketability, and key-man discounts for businesses and real estate Directories of the names and addresses of journals, trade associations, and other sources of worthwhile information for the valuation of particular assets Bibliographies of important empirical studies on valuation issues The actual texts of important IRS revenue rulings for business valuation and minority discounts. As a valuation resource, Valuation Strategies in Divorce, Compiled Fourth Edition is an invaluable guide to anyone practicing matrimonial law.
This newly updated guide for matrimonial lawyers and accountants is the companion publication for Feder's Valuation Strategies in Divorce. In individual chapters, detailed information is provided on how to evaluate specific types of marital assets; the particular accounting and financial conventions that affect the owner's income from the asset and the value of the asset; and the rules, regulations and issues peculiar to the particular asset. The reader is also provided with checklists of documents needed to appraise the asset, sources of industry information, lists of trade associations and journals, a bibliography, and a case study and report. Part I on closely-held corporations contains chapters devoted to automobile dealerships, media companies, high-tech companies, property and casualty insurance companies, construction companies, and small businesses such as bars, restaurants and gas stations. Part II covers the evaluation of various professional practices, and Part III discusses the valuation of different types of real estate assets. Federal civil service pensions, military pensions and the pensions provided by Fortune 500 corporations are examined in Part IV. The methodologies for evaluating personal property, such as gems, jewelry, and oriental rugs are found in Part V. Besides aiding attorneys and accountants, this publication will be of great assistance to appraisers, actuaries, and pension experts.
Value of Pensions in Divorce, Fifth Edition provides guidelines for financial advisors, divorce attorneys, and pension actuaries through every stage of the pension valuation process - from preliminary client interview to review of pension valuation reports, drafting of qualified domestic relations orders (QDROs), and cross-examination of expert witnesses. Mathematics are kept to a minimum, and legal principles and concepts of pension valuation are translated into plain English and illustrated with examples, sample court orders, and pension documents. Value of Pensions in Divorce includes detailed explanations and examples, as well as updates on standard topics. It introduces new approaches and new concepts relevant to everyday practice. It also offers practical applications of the values, allocations, and settlements of pensions in marital dissolutions. Features include: Statutory case law and references where appropriate The andquot;whyandquot; and andquot;howandquot; of pensions of all kinds Detailed actuarial valuations of pensions Sample QDROs An extensive Glossary And more!