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This is an important resource for attorneys and related professionals to help their clients in resolving - and avoiding - disputes that occur in the estate planning process. Written by a team of experienced attorneys and mediators, Mediation for Estate Planners provides the fundamental knowledge and basic tools employ mediation within an estate planning practice. It provides practice-proven guidance on recommending mediation to clients, either at the planning stage or soon after a dispute surfaces, so that families may be able to resolve disagreements before entrenched positions are established. The book considers all relevant issues involving the use of mediation in an estate planning practice, including drafting mediation clauses for estate planning documents; using mediation to resolve probate and trust disputes; addressing family business succession; guardianship and conservatorship issues; using mediation in hospital settings when families face difficult end of life decisions; working through disputes between trustees and beneficiaries; and more.
With the explosive growth in international investments, more and more lawyers and financial advisors realize the acute need to properly address critical issues of international estate planning for their clients. Whether you are counseling a foreign national or an American citizen, whether your practice is in the U.S. or abroad, whether you want to develop a general expertise in the area or are confronted by these issues on a more frequent basis, this compendium is a necessary and practical resource to help you identify and navigate many of the complex planning and regulatory compliance issues, both legal and tax, involved in international estate planning. In addition to providing a complete overview of the basic principles and procedures of international asset management from addressing the conflict of laws issues that are central in determining which country s laws will govern the disposition of a donor or decedent s wealth to the basic transfer tax rules for nonresident aliens, U.S. citizens, and resident aliens A Guide to International Estate Planning teaches proven strategies, techniques, and practical applications to use for meeting your clients international estate planning needs. Twenty-two detailed chapters are written by trust and estate lawyers with significant experience in international issues. Their advice goes beyond simply highlighting issues in estate planning, emphasizing key issues as compliance, treaty, choice of law, and estate administration problems. This updated edition now includes chapters on FATF and anti-money laundering and offshore compliance, as well as chapters from several foreign jurisdictions to provide comparative insights on different topics."
Meeting the muslim client -- Ethical, legal, and public policy issues -- Estate planning during life -- Planning for incapacity and death; powers of attorney, advance healthcare directives and funeral arrangements -- Disposition of property at death -- New drafting testamentary documents -- Planning for individuals and assets abroad
Written by an experienced attorney who frequently speaks on various family law topics, Prenuptial Agreements Line by Line is a comprehensive examination of the crucial components included in a sample prenuptial agreement for the family law practitioner, general practice attorney, paralegal, mediator, or law student. This book explains the reasoning behind different clauses in a prenuptial agreement, including those that address the division of marital and separate assets, consideration, spousal support, attorneys fees and costs, alternative dispute resolution, and confidentiality to help meet the specific needs of each client. The sample agreement contained in this book outlines a variety of options and alternatives in drafting a prenuptial agreement, including some ways spousal support can be addressed, how property and debt division might be tackled, as well as potential confidentiality issues and potential agreements on alternative dispute resolution. While this agreement is not designed to include every possible provision, it acts as a useful starting point for the drafting of an enforceable contract. Prenuptial Agreements Line by Line is a valuable resource for anyone who has ever helped draft or negotiate a prenuptial agreement.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
In a typical Wills, Trusts, and Estates (WTE) class there are both students who want to practice in WTE (either exclusively, or as part of a general practice), and those who need only to master the general concepts in order to pass the bar exam. Wills, Trusts, and Estates in Focus by Naomi R. Cahn, Alyssa DiRusso, and Susan Gary attends to the needs of both sets of students. For those who will practice in WTE, the concepts are presented in an engaging way and exemplified by realistic hypothetical scenarios that mirror practice and support the development of lawyering skills. For those who need only to pass the bar, the organization of the text is keyed to multi-state essay examination topics as presented on the multi-state bar exam. The well-crafted pedagogy of the Focus Series makes WTE concepts and procedure clear and accessible for all students. Case Previews shed light on each succinctly-edited case, provide legal context, and direct students to the issue at hand. Post-Case Follow-Ups review the decision and prepare students to apply the relevant legal principles to the set of exercises that follow, called Real Life Applications. Professors will appreciate the accessible approach of Wills, Trusts, and Estates in Focus, which combines straightforward narrative explanations with real-world examples, and problems designed to engage students in active learning. Features of Wills, Trusts, and Estates in Focus: Insightful authorship: The author team consists of three well-known academics with expertise in WTE and complementary areas such as family law, charities, elder law, and tax. All are elected Fellows of the American College of Trust and Estate Counsel (ACTEC), the leading professional organization of trust and estates attorneys. Conscious modernization of the WTE casebook that balances major landmark cases and 21st century authorities, including recent case decisions and developments in the law (such as the 2017 Tax Cuts and Jobs Act) Thorough coverage of core topics, combined with the Focus Series pedagogy Manageable problem sets that allow students to apply doctrine to realistic fact scenarios Research and drafting exercises that support the development of practice-based skills Professors and students will benefit from: Clear writing that promotes the learning outcomes of student competencies in knowledge and understanding of both the substantive and procedural law of WTE legal analysis and reasoning problem-solving how to exercise proper professional and ethical responsibilities with regard to clients and the legal system A balanced emphasis on practice readiness and bar-exam readiness An author team with experience writing for students, practitioners, and lay people A clear and logical book structure and chapter organization, with cross-references to related coverage in other chapters Appendices that provide examples of how doctrine maps on to practice, as in will contest pleadings and probate filings Teaching materials include: Teacher’s Manual with straightforward case summaries and answers to all problems Sample 3-credit syllabus