The Complete Executor's Guidebook

A step-by-step guide to settling a loved one's estate. Being an executor or personal representative is no easy task. For many, the job comes at a time of high emotion and is something that has never been done before. The Complete Executor's Guidebook is here to help ease this troubling time and make this overwhelming task manageable. It gives you everything you need to navigate through all the paperwork and responsibility that comes with this role. It takes you step-by-step though all of the legal and financial matters that must be completed and provides you with a plan to timely settle an estate. With it you will feel confident that you are doing everything you need to do, such as: - Preparing for your role as an executor or trustee - Making claims for insurance, social security and other benefits - Understanding the will or trust provisions - Handling situations when documents are missing - Going to court - Dealing with taxes - Finding your state's laws - Working with lawyers, accountants, insurance agents and others

Table of Contents:
Preface Introduction Frequently Asked Questions Part One: Preplanning and Transition Chapter 1: Plain English Definitions Wills and Probate Trusts Chapter 2: Making Sure the Shoe Fits Accepting or Declining the Appointment Anticipating Demands of the Heirs Stepping Up in a Time of Need Think About it Resigning After Accepting the Appointment Chapter 3: Preplanning: A Conversation with Your Loved One The Testator's Last Wishes for Funeral and Final Interment Storage of the Documents The Consequences of Items being Kept in a Safe-Deposit Box The Reluctant Testator Potential Future Issues that could Affect the Estate Chapter 4: When Death is Imminent Providing Assistance in Making Legal Decisions Petition for Conservatorship Alternative Housing Options Hospice Care Chapter 5: At the Time of Passing: Your First Steps Making Funeral Arrangements Managing the Estranged Spouse Funeral Expenses If Death Occurs at Home Anatomical Gifts  Autopsies Placement of Children with the Guardian Taking Care of Pets If the Decedent Lived Alone Help Someone Else and Recycle Chapter 6: At the Time of Passing: Managing the Survivors Providing Emotional Support Managing Sibling Rivalry Show Me the Money: Managing the Greedy and Impatient Heirs Managing the Heirs' Expectations Managing the "Entitlement Disease" Factor A Few More Words about the Grubby, Greedy Heirs Dealing with Estranged Heirs Do Not Take Sides Be the Peacekeeper to Your Family Confront Resentment Head-on Respect the Grieving Process and Religious Customs Chapter 7: At the Time of Passing: Notification and Getting Organized Locating the Will and Other Estate Planning Documents Reading of the Will Notification Obtaining Death Certificates Solving Immediate Problems Part Two: Estate Administration Chapter 8: Locating, Organizing, Itemizing, and Categorizing the Assets and Liabilities of an Estate Locating the Assets of an Estate Examine the Contents of a Safe-Deposit Box Discovery of Embarrassing Assets Discovering Stocks and Bonds Review Correspondence from Attorneys and Other Professionals Wrongful Death Claims Review Past Tax Returns Review Correspondence from Real Estate and Title Insurance Companies Itemizing the Assets Categorizing the Assets and Liabilities When a Safe-Deposit Box is Jointly Owned Chapter 9: Navigating the Sea of Probate Understanding the Need for a Formal Probate Getting Started: Initiating a Probate Action Probate Time Line Step One: Filing the Petition for Probate The Role of an Attorney Where to File the Petition Ancillary Probate Step Two: Producing the Original Will Step Three: Giving Notice Step Four: The Initial Probate Hearing Proving the Validity of the Will Handwritten Wills If the Maker of the Will was Physically Unable to Sign His or Her Name When There are Two or More Wills Whether You Should be Appointed The Requirements of a Surety Bond Prior to the Hearing Will Contests Chapter 10: Formal Probate: The Next Steps Acknowledgment of Responsibilities Duties and Liabilities of Personal Representative Overview of the Responsibilities of a Representative Bank Accounts Form SS-4 Inventorying the Estate Formal Notification to Creditors Collecting Debts Owed to the Estate Filing the Accounting and Closing the Estate Distributing Assets to Beneficiaries Chapter 11: When There is No Will Understanding the Need for Intestate Succession Untangling the Legalese into English Determining Who the Children Are Other Heirs at Law Chapter 12: Interpreting and Enforcing the Language of the Will Interpreting Who Receives Specific Gifts Interpreting Conditional Gifts Interpreting When a Child is No Longer a Minor Interpreting Who is the Child of the Decedent Interpreting Gifts for Pets Interpreting Assets Left to a Group When a Will Makes Illegal Provisions When the Maker of the Will Tries to Control from the Grave When a Will's Provisions are Illogical When a Will Leaves Property that No Longer Exists When the Will Leaves Non-Probate Assets When a Will Leaves Property to a Former Spouse When a Will Excludes a Spouse's Legal Rights When the Will Leaves Property to a Testamentary Trust When the Will Leaves Property to a Pourover Trust Chapter 13: When a Formal Probate is Not Required Transfer of Assets by Affidavit Sample Affidavit for Collection of Personal Property Sample Affidavit of Domicile Summary or Informal Probate Chapter 14: Managing the Assets and Liabilities of an Estate - Managing Assets that Diminish in Value Managing Real Estate Evicting a Tenant Managing Personal Property Managing Investments Managing an Ongoing Business Managing Debts of the Estate Creditor Claims Chapter 15: Obtaining Benefits for the Estate Life Insurance and Annuities Mortgage Insurance Widow's Social Security Benefits Widow's Social Security Disability Benefits Employment Retirement Plan Benefits Bank Account Benefits that are Payable on Death Savings Bond Benefits Redeeming Traveler's Checks Redeeming Unused Airplane Tickets and Prepaid Travel Chapter 16: Personal and Estate Taxes Federal and State Personal Tax Returns Federal and State Estate Tax Returns Gift Tax Returns Chapter 17: Your Right to Compensation Compensation for Administering an Estate When there are No Available Assets to Pay Compensation Waiving Compensation Petitioning for Extraordinary Fees Importance of Keeping Accurate Records Chapter 18: Your Role as an Advisor Payable on Death Bank Accounts Retirement Accounts Transfer on Death Registration of Securities Transfer on Death Registration for Vehicles Joint Tenancy Revocable Living Trusts Gifts Life Insurance Creating and Revising Wills and Other Documents for Surviving Spouses Sample Affidavit-Death of Joint Tenant Sample Affidavit-Surviving Spouse Succeeding to Title to Community Property Revising the Named Guardian Continued Emotional Support Daily Living Assistance Chapter 19: Revocable Trusts and Trust Management Translating Trust Terminology into English A/B Bypass Trusts The Role of the Trustee When the Trust Names Cotrustees Declining Your Appointment as Trustee Comparison of Trustee and Executor Step-by-Step Guideline for Trustees Investing the Assets of the Trust Compensation for Managing a Trust Seeking Professional Advice Chapter 20: Do I Need an Attorney? Attorney Fees Preparing for Your Appointment Do's and Don'ts for Your First Meeting with the Attorney Finding a Probate Attorney Chapter 21: Words of Thanks Glossary Appendix A: Representative's Checklist Appendix B: Notification Appendix C: State-by-State Summary of Probate Laws Appendix D: Unclaimed Property Appendix E: Sample Forms Appendix F: Blank Forms Appendix G: Resources Index About the Author

About the Author :
Benjamin Berkley has practiced law for more than twenty-eight years, specializing in estate planning and estate administration. He earned his law degree from Western State University. In addition to being admitted to the State Bar of California and the United States Supreme Court, he is also licensed by the State of California and the Department of Justice as a private fiduciary for court appointments as a conservator and trustee of estates. Mr. Berkley also serves as a panel referral attorney for the nation's largest prepaid legal programs, including ARAG Legal, Hyatt Legal, and GE Consumer Signature Legal. He is a network attorney for AARP members. He regularly conducts seminars on estate planning and has become an advocate for senior rights. Ben lives with his wife and two children in southern California.