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Your roadmap to a high profit, client centered, nonadversarial practice.
© American Bar Association
Authored By: Colleen A. Cowles, Esq., 294 pages

The Effective Estate Planning Practice choreographs the successful estate planning practice, from straightforward illustrations of application of law through drafting technique and practical guidelines. Subjects include funding the trust, selecting beneficiary designations, detailed case studies, law office business planning, practice development, and step-by-step procedures for streamlining the practice. For new attorneys considering a focus in estate planning, to veteran attorneys who would like to enhance this area of their practice, this book can literally change the life of the attorney and his or her clients. Using the book's checklist-based drafting procedures creates opportunities to facilitate individual attention and focus on each client's needs. Additionally, attorneys utilizing these techniques have retained their enthusiasm for the practice of law, and have maintained high profit practices and raving fan clients while having time for family, friends, and life outside of work. This hands-on, practical approach is illustrated by specific examples and case studies and includes actual checklists to show drafting techniques. Comprehensive citations allow the reader to proceed with detail to whatever degree is desired.

Legal substance, procedure, and profitability are all tied together into a concise, easy-to-implement plan in The Effective Estate Planning Practice, complete with step-by-step roadmaps for designing and implementing estate plans and completing postmortem services, plus actual worksheets and instructions to help you establish practice goals and methods of achieving them. This valuable, time-saving guide is based on the author's years of experience in a high volume, high profit, client-centered practice, and has been proven in estate planning practices across the U.S.

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Chapter Summaries

Chapter 1 - Establishing Goals for the Successful Estate Planning Practice
This chapter walks you through assessment of personal income goals, as well as defining the type of clientele you prefer to serve and the flow and volume of hours to be devoted to the practice. Worksheets allow detailed analysis to establish goals, and specific steps to monitor progress and to achieve the goals. A 'must' read for any practitioner wanting to maximize income, minimize stress, and create appreciative clients.

Chapter 2 - Planning the Estate for Overall Tax Reduction
A great overview of tax planning including federal and state estate, gift, and income tax and generation-skipping tax. A chart summarizes applicable taxes in each state. This chapter is one of the best overviews of tax considerations available - providing an imperative foundation of understanding of tax issues for the new estate planner, and an excellent resource for the veteran.

Chapter 3 - Federal Estate Tax Planning - Utilizing Both Spouses' Credits
With the escalation of exclusion amounts which can be transferred free of federal estate tax, and with potential repeal of federal estate tax 'in the air', it's more important than ever for every practitioner to have an excellent understanding of federal estate tax, methods of planning, and techniques for integrating federal estate tax planning into clients' plans. Various resources exist which discuss federal estate tax planning, but the practical nature of this chapter shines a light on this esoteric area, providing pragmatic methods of analyzing each client's situation, drafting the best plan for that individual client, and helping the client to understand their own plan. The chapter includes the best description of rules and uses of QTIP trusts we've ever seen. The complete update to materials covers new considerations due to the Tax Relief Act.

Chapter 4 - The Irrevocable Life Insurance Trust (ILIT) and Other Techniques For Estates Exceeding the Applicable Exclusion Amount
Have you wondered how to coordinate the benefits of removing life insurance from the taxable estate with the client's desire that insurance benefits be used to satisfy debt upon the insured's death? Would a discussion of how much should be gifted, including information on calculating exclusions, use of Crummey Powers, power of appointment considerations, and hanging powers, be helpful? Practical information, such as requirements in language and notice when minors are beneficiaries of an ILIT, is especially helpful.

Chapter 5 - Avoiding Probate - The Living Trust and Other Techniques
This chapter includes case studies illustrating techniques, and answers frequently asked questions about the revocable living trust, as well as other probate avoidance techniques.

Chapter 6 - Funding the Living Trust
A wonderful resource with detailed instructions on the idiosyncrasies and requirements for transfer of specific types of assets into trusts (e.g., treasury bonds, safe deposit boxes, cooperative capital credits, and FDIC considerations) and amazing techniques to streamline the funding process - helping clients to accomplish their goals while minimizing advisor liability and maximizing profitability.

Chapter 7 - Selecting Beneficiary Designations - Life Insurance and Beneficiary Plans
A full analysis of coordinating beneficiary designations with trusts and other estate planning documents, including fully updated materials on the new proposed regulations for required minimum distribution rules for tax-favored retirement plans - written in understandable and usable format.

Chapter 8 - Drafting for Clients in Second Marriages or Nontraditional Families
An essential read for planners advising these types of clients, including issues regarding the personal residence, nursing home issues, tax considerations, and information on drafting for same gender couples.

Chapter 9 - Planning for Incapacity
Including procedures when the grantor of a revocable trust is allegedly incompetent, coordination of a power of attorney and a living trust, requirements for obtaining a separate taxpayer ID number, analysis of cash flow concerns if disability occurs, considerations if nursing home care is required, and balancing use of long-term care insurance vs. divestment to qualify for entitlement programs.

Chapter 10 - Estate Planning for Business Owners
An outstanding discussion not only of the law, but of the relationship issues of advising family businesses. This chapter includes guidelines for facilitating discussion between family business owners, disability planning when a business is involved, and considerations regarding transferring the business during life or postmortem. Practical analysis of tax considerations and goals regarding control of business assets is included.

Chapter 11 -- Incorporating Substance into Day-to-Day Practice - Streamlined Drafting
Implementation of the information in this chapter can literally put the fun back into practice, and can significantly increase personal income. This chapter transforms the substantive information in previous chapters into easy-to-apply techniques for creating optimum estate plans - efficiently, with total customization, while having the luxury of quality time with clients. These proven techniques result in appreciative, raving fan clients, and outstanding profitability for the practice. Techniques also allow the estate planner the freedom for full time income in part-time hours or higher income in full time practice, with professional time focused where it should be - on personal consultation with the client and the intellectual aspects of drafting the estate plan.

Chapter 12 - Trust Termination Services - Streamlining the Process
This chronologically based roadmap guides the professional through the myriad of considerations, documents, and correspondence required in postmortem practice, including details from notice of a death through distribution of assets to beneficiaries. Postmortem tax filing requirements are included, as well as details on steps required upon the death of one grantor of a joint revocable trust. This chapter even includes information on structuring fees, and considerations in deciding whether to enter or expand this area of practice.

Chapter 13 - Practice Development - Marketing Estate Planning Services
An essential resource for any professional wanting to enter or expand the estate planning area of practice.

Chapter 14 - The Profitable Estate Planning Practice
A detailed and easy-to-implement process from developing fee structure and attracting appropriate clients through pre-appointment activity, content of the initial appointment, document generation, execution of documents to follow-up support and building a referral base.

A wonderful aspect of this chapter - and this entire treatise - is the overriding approach that providing outstanding client service is the way to a fulfilling and profitable estate planning career. The proven, streamlined techniques, worksheets and reference materials offer specific procedures to accomplish these goals for optimum benefit of both professional advisor and client.

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