| Preface. Acknowledgments Chapter 1 The Single Biggest Mistake - Not for the One Certainty in Life...Death. Mistake # 1: No Estate Whatsoever. Mistake # 2: Out-of-Date Wills. Mistake # 3: Losing your Will. Mistake # 4: Do-It-Yourselfers and Handwritten Wills. Mistake #5: Not Signing Your Will Because You Physically Can't. Mistake #6 Not Properly Executed Documents. Mistake #7: The Best Laid (Estate) Plans. Mistake #8: Dying Intestate or without a Will. Chapter 2 Mistakes Involving Tangible Personal Property. Mistake #9: Nemo Dat Quo Non Habet (Latin for "He Who Hath Not Cannot Give"). Mistake #10: Not Properly Documenting the Delivery and Completion of a Gift. Mistake #11: Selling Valuable Tangible Personal Property Too Close to Death. Mistake #12: Bequeathing Tangible Personal Property that You Do Not Own. Mistake #13: Mentioning Too Many Details in Your Will. Mistake #14: Not Including Any Details in Your Will. Mistake #15: Not Providing Properly for the Care of Your Pets After Your Death. Mistake #16: Leaving Too Much Money for Your Pets After Your Death. Mistake #17: Giving the Same Tangible Personal Property Item to More than One Person. Mistake #18: Not Properly Providing for the Disposition of Your Artworks after Your Death. Mistake #19: Not Providing for Your Tangible Personal Property in a Revocable Living Trust. Chapter 3 Mistakes Involving Real Estate. Mistake #20: Not Confirming How Title is Held to Real Estate Before or Right After Death. Mistake #21: Forgetting that Real Estate Usually Passes Subject to Loans and Mortgages. Mistake #22: Not Draining the Water Pipes in a Vacant House in Cold Weather. Mistake #23: Failing to Maintain Adequate Property and Casualty Insurance on Estate Property - Especially Vacant Real Estate. Mistake #24: Failing to Provide that Children, or others, May Continue to Reside in the Family Home with the Executor's or Trustee's Approval. Mistake #25: Failing to Provide that Existing Leases Will Terminate on Reasonable Terms After the Death of the Owner of the Property. Mistake #26: Owning Land, a House or an Apartment in a Foreign Country. Mistake #27: Assuming That a Co-operative Apartment Building Board Will Always Do What You Would Like It to Do. Mistake #28: Placing Real Estate in a Trust Without Checking on the Ramifications of Doing So. Chapter 4 Mistakes Involving Executors and/or Trustees. Mistake #29: Selecting Only One Executor in a Complicated Estate. Mistake #30: Selecting Too Many Executors. Mistake #31: Selecting an Even Number of Executors. Mistake #32: Selecting Executors with a Conflict of Interest. Mistake #33: Not Compensating (or Under-Compensating) Your Executors. Mistake #34: Not Selecting Your Spouse as an Executor. Mistake #35: Surprising Your Spouse with the Terms of Your Will. Mistake #36: Not Naming Your Children as Executors. Mistake #37: Naming Your Children as Executors. Mistake #38: Naming a Literary Executor in Your Will. Mistake #39: Naming a Corporate Fiduciary That Can Be Removed by an Individual Fiduciary. Chapter 5 Mistakes Involving Guardians, Minors or Step-Children. Mistake #40: Not Naming the Biological Parent as the Guardian of Your Minor Children. Mistake #41: Naming the Biological Parent as the Guardian of Your Minor Child. Mistake #42: Failing To Periodically Review Your Choice of Guardian(s). Mistake #43: Assuming that Your Step-Children Have the Same Legal Rights as Your Biological Children. Chapter 6 Mistakes Involving Prior Marriages, Prenuptial Agreements and Significant Others. Mistake #44: Not Taking into Account the Terms of an Existing Separation or Divorce Agreement. Mistake #45: Entirely Disinheriting Children or Grandchildren Out of Stupidity or Inadvertence. Mistake #46: Not Taking Your Spouse's Legal or Statutory Rights into Account. Mistake #47: Putting Your Child in Charge of a Surviving Spouse Who Is Not His or Her Parent. Mistake #48: Assuming that Your Divorce Automatically Revokes Your Will in its Entirety. Mistake #49: Not Updating Your Will at the Start of Your Divorce Proceedings. Mistake #50: Not Respecting the Validity of A Prenuptial Agreement. Mistake #51: Not Mentioning the Prenuptial Agreement in Your Will. Mistake #52: Failing to Fund a Revocable Living Trust During Your Lifetime in Order to Avoid Probate. Chapter 7 Estate Mistakes Involving Tax and Copyright Issues. Mistake #53: Eliminating Your Residuary Estate because of High Taxes on your Personal Property. Mistake #54: Not Taking Full Advantage of the Available Tax Exemption Amount. Mistake #55: Not Having Assets Titled in the Name of Each Spouse. Mistake #56: Failing to Ascertain if Gift Tax Returns Were Ever Filed. Mistake #57: Failing to Pay the 5 percent Annual Minimum Distribution Requirement for Private Charitable Foundations. Mistake #58: Not Having a Buy-Sell Agreement in a Closely Held Business, Partnership or Limited Liability Corporation. Mistake #59: Failing to Title Appreciated Real Estate in the Name of the Spouse More Likely to Die First. Mistake #60: Separating the Copyright Interest from the Work of Art Itself That Is Bequeathed to a Charity. Chapter 8 Estate Mistakes Involving Disgruntled Friends and Family. Mistake #61: Lack of a No Contest or In Terrorem Clause in Your Will. Mistake #62: Using A One Dollar No Contest/In Terrorem Clause in Your Will. Mistake #63: Using a Codicil Instead of a New Will. Mistake #64: Impulsively Changing Your Will By Whipping Out a Quick, "Down and Dirty" Codicil. Mistake #65: Not Contacting the Attorney for the Beneficiary of a Will When Trying to Settle a Dispute with the Attorney for the Executor. Mistake #66: Requiring Survivorship by a Certain Number of Days. Mistake #67: Not Including Your Long-Time Secretary or Assistant as a Beneficiary in Your Will. Mistake #68: Entirely Disinheriting Children or Grandchildren Out of Anger or Vindictiveness. Mistake #69: Failing to Mention the Names of the Heirs You Intend to Disinherit in Your Will. Mistake #70: Directing That a Specific Attorney or Other Advisor Be Hired by Your Executor. Mistake # 71: Not Taking Advantage of a Qualified Disclaimer within Nine Months of Death. Mistake #72: Offering Too Large an Amount at the Outset of Negotiations. Mistake #73: Arguing with Your Attorney about Legal Fees. Mistake #74: Fighting With a Lawyer with "Criminal" Clients. Mistake #75: Having Your Former Mother-in-Law Own a Life Insurance Policy on Your Life. Mistake #76: Not Getting the Original Will Back from the Person Replaced as an Executor. Chapter 9 Mistakes Involving Funerals, Burials or Cremation. Mistake #77: Not Appointing Someone to Make Burial and Funeral Arrangements. Mistake #78: Spending Too Much on a Funeral or Burial. Mistake #79: Providing Overly Detailed Funeral and Burial Instructions in Your Will. Mistake #80: Prepaying for Your Funeral, or Not. Mistake #81: Directing That There Be No Funeral or Memorial Service. Mistake #82: Losing the Deed for your Cemetery Plot. Mistake #83: Directing that Your Bodily Remains or Ashes Be Buried or Scattered in an Illegal Manner. Mistake #84: Directing that your Pet's Remains Be Buried Together with Yours. Mistake #85: Getting Too Religious in Your Will. Chapter 10 One of a Kind Mistakes by Celebrities and Icons. Mistake #86: Not Making Charitable Gifts in Your Will When Your Sons Are the Heirs to the British Throne. Mistake #87: Mentioning the Name of a Lawsuit Involving You in Your Own Will. Mistake #88: Leaving Your Estate to an Older Person Outright and Not in Trust. Mistake #89: Leaving It All to Your Girlfriend Who Has a Drug Addiction. Mistake #90: Making a Bequest with Politically Incorrect or Racist Strings Attached. Mistake #91: Not Properly Identifying an Organization that Receives a Bequest. Mistake #92: Not Providing How to Determine that Your Wife Has Regained Her Sanity. Mistake #93: Murdering Your Spouse (or Anyone Else). Chapter 11 Rookie or Boneheaded Mistakes. Mistake #94: Making a Material Misrepresentation on a Life Insurance Application. Mistake #95: Not Settling a Dispute When the Downside is much Greater than the Upside. Mistake #96: Making Handwritten Changes to a Will after it Has Been Signed and Witnessed. Mistake #97: Acting as a Witness to a Will In Which You are Named as a Beneficiary. Mistake #98: Removing the Staples from an Original Will. Mistake #99: Putting Your Original Will In a Bank Safe Deposit Box Which May be Sealed. Mistake #100: Preparing Only a Videotaped Will Instead of a Written One. Mistake #101: Owning a Large Amount of Life Insurance in Your Name Individually. About the Author. Index. |
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