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PROBATE & TRUST LAW
ESTATE PLANNING www.mobarcle.org
 

Estate Administration

(5th ed. 2010), 1,043 pp. with full-text CD-ROM

Product No. 421





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About This Book

Estate Administration answers your most pressing questions about estate administration. What actions should be filed in the probate division? What actions must be filed in the circuit division? Over which matters is there concurrent jurisdiction? Which Rules of Civil Procedure apply to probate proceedings and when? What special procedures are available to handle a small or simple estate? What rights do a surviving spouse and children have in the estate? What are the personal representative`s responsibilities? When can the personal representative be held liable for actions taken and decisions made regarding the estate? What if the decedent left a business that needs to be taken care of? What rights do the decedent`s creditors have? What is the procedure for filing a claim? In what order of priority should the decedent`s debts be paid? What if the decedent has property in more than one state? What is done differently in an independent administration? Who may contest a will or nonprobate transfer and on what grounds, and what are the procedures? What about a claim for tortious interference with an inheritance expectancy? What rules of construction apply to wills? How are ambiguities resolved? What if a client has been cheated out of an inheritance but doesn`t find out until after all the time limits for challenging the probate administration have expired? What is a standby guardian?

Find practical advice about the beginning of the probate process, such as time limits, things that must be included in the applications for letters, and how to obtain a will from a safe deposit box. Find sections on removal of a personal representative, contempt (including the possibility that the attorney may be found in contempt), proceedings before probate commissioners, and interpretation and construction of trusts under the MUTC. Find chapters on guardianship and conservatorship of incapacitated persons and of minors.

This companion volume to Trusts, Powers of Attorney, Custodianships, and Nonprobate Matters and Estate Planning provides essential assistance to attorneys through the estate administration process. A full-text, searchable CD-ROM that also contains the sample forms is included with the book.

Table of Contents

Chapter Number

Chapter Name and Authors


1

Probate Jurisdiction and Venue



Kim S. Summers

2

Dispensing With or Terminating Administration



Thomas G. Glick

3

Applications for Letters, Qualifications of Representatives, and Bonds



Evelyn Gwin Mangan

4

Initial Responsibilities of the Personal Representative



Charles E. Taylor and John R. Gunn

5

Collection and Management of Assets



Kathleen A. Forsyth and S. Margene Burnett

6

Sales, Mortgages, Leases, and Exchanges



Bennett S. Keller, Scott H. Malin, and Brooke R. Perlyn

7

Claims Against the Estate, Survival of Actions, and Wrongful Death



Vanita R. Massey

8

Exempt Property, Family Allowance, Homestead, and Election to Take Against the Will



Mary S. Shafer

9

Settlements, Distribution, and Discharge



Brian E. Hamburg

10

Establishing Fact of Death and Fact of Simultaneous Death



Jennifer K. Huckfeldt

11

Multi-State Administration and Alien-Oriented Probate Law



David G. Watkins, Charles F. Jensen, and Samuel Wilkerson

12

Independent Administration



Buford L. Farrington and Scott R. Manuel

13

Guardianship of Incapacitated Persons



Ann F. Snitzer

14

Conservatorship of Disabled Persons



Thomas G. Glick and Bart B. Zuckerman

15

Guardianships and Conservatorships of Minors



Paul K. Parkinson

16

Civil Commitment Under the Mental Health, Substance Abuse, and Sexually Violent Predator Laws



Daniel P. Wheeler

17

Will Contests



Thomas L. Lasley

18

Construction and Interpretation of Wills and Trusts



Katherine J. Bailes and Nicole R. Piskuric

19

Contested Claims



Kent W. Minton

20

Discovery of Assets



Rebbecca Lake Wood

21

Actions Under the Nonprobate Transfers Law -
Chapter 461



Clifford S. Brown

22

Objections to Final Settlement of Fiduciary



David E. Elliott

23

Duties and Liability of Estate Fiduciaries



Robert Selsor and Elizabeth Halaz

24

Actions for Fraud Under the Probate Code



Karen E. Hajicek

25

Litigation Settlements in Probate Matters



Dan C. Sturdevant



 

 

 



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