Bbt estate planning manual




















This handbook discusses procedural steps in administration of probate estates in North Carolina. Designed as a practical guide, the source contains Administrative Office of the Courts forms and is focused on the practical steps to be taken when administering estates.

The Law Library has copies of this text from McLaughlin, James B. Eagan, MN: Thomson West, W54 ]. This treatise provides an overview for practicing attorneys regarding wills. Topics of interest include holographic wills, nuncupative wills, testamentary capacity, undue influence, fraud and mistake, execution of wills, attestation of wills, revocation of wills, probate, and devises.

In addition, this resource also provides statutory and case law on wills and estates, alongside an analysis of the legislative changes. The Law Library has the most recent supplement for this text with the copy available in the Reserve Room.

It looks like you're using Internet Explorer 11 or older. This website works best with modern browsers such as the latest versions of Chrome, Firefox, Safari, and Edge. If you continue with this browser, you may see unexpected results. Campus faculty may also obtain access for themselves and their students by contacting the law library reference desk HeinOnline more Coverage: Varies.

If, for instance, you are unfamiliar with a particular area of law and would like a comprehensive overview of some subject, you might find a treatise to be useful. If you have a narrow question of law and are unsure of the context, a treatise could be useful. Treatises contain citations to cases and other authority that you can use to find a starting point for further research. It looks like you're using Internet Explorer 11 or older. This website works best with modern browsers such as the latest versions of Chrome, Firefox, Safari, and Edge.

If you continue with this browser, you may see unexpected results. Legal Treatises by Subject In this guide you will find general resources for various fields of law arranged alphabetically. Ellie Campbell. What Is in This guide? Legal Treatises by Subject In this guide you will find legal treatises for various fields of law arranged alphabetically. KF Call Numbers by Subject While not identical with the way the legal topics are organized in this guide, this document shows legal call numbers by subject.

A patron can use these call numbers to find resources focusing on a particular legal area on the 2nd floor of the UNC Law Library. Campus faculty may also obtain access for themselves and their students by contacting the law library reference desk HeinOnline more Coverage: Varies.

Legal Databases. LexisNexis for Law Schools more She demystifies estate planning in a way that is accessible for all. Known for her no nonsense style and humor, this book is a must-have for anyone making their estate plans or just trying to understand the process. Patti manages to take complicated issues and reduce them to their simplest form. Your Estate Matters will bring clarity to those pesky, rapidly changing tax laws and will provide you with the accurate information you need to properly manage your estate.

Your Estate Matters offers a practical down-to-earth approach that explains the ins and outs of estate planning, tax savings, and other issues that directly affect your family's pocketbook: income tax, living wills, trusts, prenuptial agreements, college savings, and retirement planning. If you want to stay ahead of the curve, are ready to plan your own estate, have aging parents, or have recently retired, this is the book you need to read. The trust protector is generally regarded as a relatively new position in trust law, and the key feature of the position is that the protector may be granted powers over the trust, which are generally superior to those of the trustee.

This places the protector in a position where, by the exercise of his powers, he can cause the trust to adjust to unforeseen changes or new conditions without the need for court action or beneficiary approval. This work takes the firm position that, with only limited exception, the role of the protector is a fiduciary one, imposing on the protector a duty to act in the best interests of the purposes of the trust and the beneficiaries.

Unfortunately, a substantial segment of the legal community, as well as the legislative bodies of a number of international jurisdictions, have taken a position that the protector is not a fiduciary, or that he may be declared in the trust not to be a fiduciary, and that the power granted him under the trust may be declared to be personal powers, whether or not such is the case, and thus he would have no liability for his actions or inactions while serving as protector.

As a result, we have been seeing trusts which incorporate the use of a protector having the power to make critical dispositive and administrative decisions, as well as extensive modifications to the trusts without being exposed to liability for negligence or bad decisions which result in damages. The discussion will also review and analyze the historical issues and professional commentary relevant to trust law and the role of protector, as well as case decisions in various international jurisdictions which have shed light on the issues and some of the positions taken in the statutes of a number of jurisdictions in the United States and across the world.

Further, the work will discuss in detail all of the practical considerations in using a protector, such as selection and special drafting considerations, the use of a protector in a foundation, and, in brief, the numerous tax issues that may apply. The conclusion will be that with only very limited exception, which will be explained, the protector is unquestionably a fiduciary, and just as a trustee, he should be held to fiduciary standards.

Accordingly, while it is certainly possible to grant personal powers to an individual under a trust, those powers per se conflict with the duties of a protector.



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