Summary Table of Contents
Foreword
Acknowledgments
Introduction
Chapter 1 Introduction to Lifetime Planning
Chapter 2 Administration of a Guardianship
Chapter 3 Implementing a Guardianship
Chapter 4 Annual Accounting
Chapter 5 Closing a Guardianship
Chapter 6 Alternatives to Guardianship
Chapter 7 Powers of Attorney
Chapter 8 Health Care Decisions
Chapter 9 Government Benefits
Chapter 10 Asset Protection
Chapter 11 Homestead Exemptions
Chapter 12 The Personal Property Exemption
Chapter 13 The Family Allowance
Chapter 14 Other Exempt Assets
Chapter 15 Texas Homestead Rights
Chapter 16 Exempt Personal Property
Chapter 17 The Offshore Trust
Chapter 18 Life Insurance
Chapter 18A Gifting
Chapter 19 The Texas Uniform Transfers to Minors Act
Chapter 20 Postmortem Planning
Chapter 21 Intestacy
Chapter 22 Matters Affecting Distribution of Estates
Chapter 23 Wills and Estates
Chapter 24 Subsequent Matters Pertaining to Distribution of Estates
Chapter 25 Informal Wills
Chapter 26 Specific Provisions of Wills
Chapter 27 Executors and Administrators
Chapter 28 Matters Affecting Descendants
Chapter 29 Living Trusts
Chapter 30 Joint Tenancies
Chapter 31 Multi-Party Accounts
Chapter 32 Community Property with Rights of Survivorship
Chapter 33 Safety Deposit Boxes
Chapter 34 Alternative Proceedings
Chapter 35 Small Estate Collection
Chapter 36 Proceedings to Determine Heirship
Chapter 37 Muniments of Title
Chapter 38 Will Contests
Chapter 39 Jurisdiction and Venue in Probate
Chapter 40 Mode and Manner of Proceedings
Chapter 41 Dependent Administration
Chapter 42 The Process of Dependent Administration
Chapter 43 Independent Administration
Chapter 44 Emergency Intervention
Chapter 45 Community Property Administration
Chapter 46 Finding of No Necessity for Administration
Chapter 47 Temporary Administration
Chapter 48 Executors and Administrators
Chapter 49 Letters Testamentary and of Administration
Chapter 50 Revocation of Letters, Death, Resignation and Removal of Personal Representatives of the Estate of the Decedent
Chapter 51 Subsequent Personal Representatives
Chapter 52 Powers of Personal Representatives
Chapter 53 Foreign Wills
Chapter 54 Claims Process
Chapter 55 Distribution of Estate
Chapter 56 Disclaimers and Assignments
Chapter 57 Power of Sale
Chapter 58 Partition and Distribution of Estate
Chapter 59 Distribution of Estate
Chapter 60 Income, Inheritance and Estate Tax
Chapter 61 The QTIP Trust
Chapter 62 The Charitable Remainder Trust
Chapter 63 The Qualified Domestic Trust
Chapter 64 The Generation-Skipping Tax
Chapter 65 Calculation of the Federal Estate Tax
Chapter 66 Applicable Taxes
Chapter 67 Use of Prior Income Tax Returns
Chapter 68 The Taxpayer Relief Act of 1997 and the Taxpayer Relief Act of 2001
Chapter 69 Sale of Remainder Interest
Chapter 70 Family Limited Partnership
Chapter 71 Business Valuation Methodology
Chapter 72 Trusts
Chapter 73 Revocation, Modification, and Termination of Trusts
Chapter 74 Trust Administration
Chapter 75 Common Trust Funds
Chapter 76 Affiliated Institutions
Chapter 77 Duties of a Trustee
Chapter 78 Resignation and Removal of Trustees
Chapter 79 Allocation of Principal and Income
Chapter 80 Liability of Trustees
Chapter 81 Liability of Beneficiaries
Chapter 82 Rights of Trustees
Chapter 83 Jurisdiction, Venue and Proceedings
Chapter 84 Qualified Domestic Trusts
Chapter 85 Charitable Planning
Chapter 86 Litigation Involving Charitable Trusts
Chapter 87 Specific Trust Provisions and Purposes
Chapter 88 The Miller Trust Agreement
Chapter 89 Spendthrift Trusts
Chapter 90 Discretionary Trusts
Chapter 91 Perpetuities Clause
Chapter 92 Small Trust Termination
Chapter 93 Annuity Trusts
Chapter 94 Qualified Personal Residence Trust
Chapter 95 Tax Planning Trusts
Chapter 96 The Qualified Terminable Interest Property
Chapter 97 The Qualified Domestic Trust
Chapter 98 Revocable Inter Vivos Trusts
Chapter 99 The Offshore Trust
Chapter 100 Income Taxation of Trusts and Estates
Index
Table of Contents of Forms and Statutes on CD-ROM
NOTE: Not All Chapters Have Associated FORMS
Chapter 2 Administration of a Guardianship
Form 1 Declaration of Guardian in the Event of Later Incapacity or Need of Guardian
Form 2 Declaration of Appointment of Guardian for a Minor Child In The Event of Death (Pre-September 1, 1999 FORM)
Form 3 Declaration of Appointment of Guardian for My Children in the Event of My Death (Post-September 1, 1999 FORM)
Chapter 3 Implementing a Guardianship
Form 1 Client Data Sheet: Guardianship
Form 2 Client Asset Inventory
Form 3 Application for Appointment of a Guardian
Form 4 Order Appointing Attorney Ad Litem
Form 5 Order Appointing Guardian of the [Person/the Estate/or Both the Estate and the Person]
Chapter 4 Annual Accounting
Form 1 Annual Account
Form 2 Order Accepting Annual Account
Form 3 Annual Report on Condition of Well Being of Ward
Form 4 Order Accepting Annual Report of Well Being of Ward
Chapter 5 Closing a Guardianship
Form 1 Annual Account
Form 2 Order Accepting Annual Account
Chapter 7 Powers of Attorney
Form 1 Old Form: Statutory Durable Power of Attorney
Form 2 New Form: Statutory Durable Power of Attorney
Form 3 Long Form: Statutory Durable Power of Attorney
Form 4 Client Data Sheet: Durable Power of Attorney
Chapter 8 Health Care Decisions
Form 1 Directive to Physicians (Pre-September 1, 1999 Form)
Form 2 Directive to Physicians and Family or Surrogates (Post-
September 1, 1999 Form)
Form 3 Durable Power of Attorney for Health Care (Pre-
September 1, 1999 Form)
Form 4 Durable Medical Power of Attorney (Post-September 1,
1999 Form)
Form 5 Organ Donation Form
Form 6 Declaration for Mental Health Treatment
Form 7 Texas Do Not Resuscitate Directive
Form 8 Client Data Sheet: Durable Power of Attorney for Health
Care
Chapter 9 Government Benefits
Form 1 Asset and Income Survey
Chapter 12 The Personal Property Exemption
Form 1 Application for Set Aside of Exempt Property
Form 2 Order Granting Set Aside of Exempt Property
Chapter 13 The Family Allowance
Form 1 Application for Set Aside of a Family Allowance
Form 2 Order Granting Family Allowance
Chapter 18 Life Insurance
Form 1 Life Insurance Log
Chapter 21 Intestacy
Form 1 Client Data Sheet: Intestate Distribution of Decedent’s
Estate
Chapter 23 Wills and Estates
Form 1 Client Data Sheet: Will Intake Sheet
Chapter 28 Matters Affecting Descendants
Form 1 Codicil
Chapter 33 Safe Deposit Boxes
Form 1 Motion for Entry of a Safe Deposit Box of Decedent
Form 2 Order Granting Access to the Safe Deposit Box of a
Decedent
Chapter 35 Small Estate Collection
Form 1 Affidavit of Heirship for a Motor Vehicle
Form 2 Affidavit of Heirship
Form 3 Affidavit of Facts Concerning the Identity of Heirs
Form 4 Small Estate Affidavit
Form 5 Order Approving a Small Estate Affidavit
Chapter 36 Proceedings to Determine Heirship
Form 1 Application to Determine Heirship
Form 2 Judgment Determining Heirship of Decedent
Form 3 Client Data Sheet: Proceeding to Determine Heirship of
Decedent's Estate
Form 4 Affidavit of Facts Concerning the Identity of Heirs
Chapter 37 Muniments of Title
Form 1 Application for Probate of Will as a Muniment of Title
Form 2 Order Admitting Will to Probate as a Muniment of Title
Chapter 42 The Process of Dependent Administration
Form 1 Application for Letters of Administration
Form 2 Order Granting Issuance of Letters of Administration
Form 3 Annual Account
Form 4 Order Accepting Annual Account
Form 5 Verification of Funds on Deposit
Form 6 Final Accounting of the Estate of Decedent
Form 7 Order Accepting Final Annual Account
Form 8 Application to Close the Estate and Discharge the Personal
Representative of the Estate of Decedent
Form 9 Order Closing the Estate and Discharging the Personal
Representative
Form 10 Client Data Sheet: Dependent Administration with Will
Annexed
Form 11 Client Data Sheet: Dependent Administration for Intestate
Estate of Decedent
Form 12 Client Asset Inventory
Form 13 Claim Log
Form 14 Estate Administration Timeline
Chapter 43 Independent Administration
Form 1 Application for Probate of Will and Issuance of Letters
Testamentary
Form 2 Proof of Death and Other Facts
Form 3 Order Admitting Will to Probate and Authorizing Letters
Testamentary
Form 4 Oath
Form 5 Inventory, Appraisement and List of Claims
Form 6 Annual Account
Form 7 Order Accepting Annual Account
Form 8 Verification of Funds on Deposit
Form 9 Final Accounting of the Estate of Decedent
Form 10 Order Accepting Final Annual Account
Form 11 Application to Close the Estate and Discharge the Personal
Representative of the Estate of the Decedent
Form 12 Order Closing the Estate and Discharging the Personal
Representative
Form 13 Client Data Sheet: Independent Administration of
Decedent's Estate with Will Annexed
Form 14 Client Data Sheet: Independent Administration for
Intestate Estate of Decedent
Form 15 Client Asset Inventory
Form 16 Claim Log
Form 17 Estate Administration Timeline
Chapter 47 Temporary Administration
Form 1 Client Data Sheet: Temporary Administration of
Decedent's Estate
Chapter 52 Powers of Personal Representatives
Form 1 Proof of Death and Other Facts
Form 2 Proof of Will by Subscribing Witness
Form 3 Proof of Decedent's Handwriting and Signature
Chapter 55 Distribution of Estate
Form 1 Authentication of an Unsecured Claim
Chapter 56 Disclaimers and Assignments
Form 1 Disclaimer
Chapter 57 Power of Sale
Form 1 Application for Sale of Real Property
Form 2 Order of Sale of Real Property
Chapter 70 Family Limited Partnerships
Form 1 The Family Limited Partnership Agreement
Form 2 Client Data Sheet: The Family Limited Partnership
Form 3 Client Asset Inventory
Chapter 87 Specific Trust Provisions and Purposes
Form 1 Sample Trust Agreement
Form 2 Client Data Sheet: The Family Trust
Form 3 Client Asset Inventory
STATUTES
Economic Growth & Tax Relief Reconciliation Act of 2001
Medicaid Rights of Recovery Regulations (Texas House Bill 2292)
Pension Protection Act of 2006
The Texas Probate Code
The Texas Property Code
The Texas Trust Code
