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Preview: ALI-ABA Estate Planning Course Materials Journal

ALI-ABA Estate Planning Course Materials Journal



Volume 12, Number 6, December 2006



Published: Fri, 15 Dec 2006 10:54:41 EST

 



Valuation Theory And Practice In Family Business Planning (With Sample Appraiser Services Form)

Fri, 15 Dec 2006 10:54:41 EST

Volume 12, Number 6, December 2006 p.5
The appraiser/valuation analyst plays a critical role in estate planning. Valuations from an independent, professional appraiser should be obtained early in the estate planning process. Doing so increases the taxpayer's chances that the IRS will not challenge the valuation; and if challenged, increases the taxpayer's chance of resolving the challenge quickly. A credible analysis also ensures that the valuation is correct, complete, and current. This outline provides basic background information on valuation-related issues.



Whose Trust Is It Anyway? (With Sample Trust Provisions)

Fri, 15 Dec 2006 10:54:41 EST

Volume 12, Number 6, December 2006 p.25
Settlors have the right to structure their trusts to express and implement their intentions for the use of their property. Beneficiaries may disagree with the settlors' decisions. Trustees become the focus of the beneficiaries' dissatisfaction with the settlors. Demands for distributions or information or investment changes follow, and trustees defending the settlors' intent by resisting these demands may face litigation to instruct, surcharge, or remove the trustee, or to modify the trust. Lawyers drafting trust instruments and lawyers reviewing draft instruments on behalf of trustees may be able to influence the outcome if they anticipate the conflict and, within limits, help settlors structure trusts that protect settlors' legitimate objectives and protect trustees working to realize those objectives. The first does not happen without the second.



Index To Volumes 11 And 12 (2005-06)

Fri, 15 Dec 2006 10:54:41 EST

Volume 12, Number 6, December 2006 p.59
An author, subject matter, and forms index for the last two years' worth of issues.