Ohio Estate Planning, Wills and Trusts Library: Forms and Practice Manual

Ohio Estate Planning, Wills and Trusts Library: Forms and Practice Manual

Prominent Ohio attorneys, Edward M. Segelken, Esq., and Lori-Lou Kimm, Esq., have drawn from their extensive experience to bring you insightful strategies and relevant forms for virtually every estate-planning situation you may encounter in this newly revised two-volume manual featuring a bonus CD with more than 270 electronic forms. This extensive, updated Manual, featuring more than 1,240 pages of content, will help you stay current and efficient by providing appropriate statutes and regulations — complemented by thorough discussions and analyses of the changing federal and Ohio state laws. Plus, you’ll be expertly guided through an extensive selection of wills and trusts forms using an easy-to-follow, situation-oriented format. Included are client presentation charts and customizable electronic forms for wills and trusts as well as explanations and planning strategies for estate, gift, and generation-skipping tax.

The Tax Cuts and Jobs Act (TCJA) went into effect on January 1, 2018. The TCJA greatly increased the exemption limits for the federal estate and gift tax.  

• As a result of these tax changes, the Ohio estate planning landscape has been significantly altered and this 2018 supplement addresses these changes throughout the entire Manual.  
• The supplement includes information concerning the Ohio Legacy Trust Act, with accompanying forms.
• In addition, the supplement includes the Ohio statutory power of attorney form.

Edward M. Segelken, Esq., is a partner in Porter Wright Morris & Arthur LLP, where he has been engaged in the practice of trust and estate law since his graduation from law school in 1984. He has handled a wide variety of matters including complex estate administration and business succession matters, and is particularly versed in the areas of planned charitable giving and matters related to tax-exempt organizations. Mr. Segelken is currently teaching a class on Wills, Trusts and Estates as an adjunct professor at The Ohio State University Moritz College of Law. He earned his A.B. from Wabash College in 1981 (summa cum laude) and his J.D. from the University of Michigan Law School in 1984 (magna cum laude).

Lori-Lou Kimm, Esq., is a partner in Porter Wright Morris & Arthur LLP, where she practices primarily in the areas of estate planning and estate administration. This includes the analysis and preparation of estate plans ranging from simple wills to complex and sophisticated trusts of all varieties for wealthy individuals. She also has extensive experience in estate administration covering the full spectrum from insolvent to multi-million dollar estates. In this context, she also has experience with will contests and with litigation involving alleged tortuous interference with expectancy of inheritance. Ms. Kimm earned her B.A. at Wittenberg University in 1984, her J.D. at Capital University Law School in 1990 (cum laude) and her M.S.J.A. at the University of Denver in 1985.

» View Full Table of Contents [PDF]

SUMMARY TABLE OF CONTENTS

Part I - Estate Planning: A Practice-Oriented Approach
Chapter 1: How To Use This Book
Chapter 2: Estate Planning: Essential Objectives

Part II - Simple Wills: For Married Couples with Combined Estates Not Exceeding Lifetime Exemption (Applicable Exclusion Amount – i.e., $5,250,000 in 2013, and adjusted for inflation thereafter)
Chapter 3: Simple Wills For Married Couples With Adult Children
Chapter 4: Simple Wills For Married Couples with Minor Children

Part III - Tax Planning Wills with Credit Shelter/Bypass Trusts In Combination With Marital Bequest (Outright or QTIP Trust): For Married Couples With Combined Estates Exceeding Lifetime Exemption (Applicable Exclusion Amount)
Chapter 5: Strategic Planning with Credit Shelter/Bypass Trusts
Chapter 6: Tax Planning Wills With Credit Shelter/Bypass Trusts In Combination With Marital Bequest (Outright or QTIP Trust) - For Married Couples With Combined Estates Exceeding Lifetime Exemption
Chapter 7: Strategic Tax Planning with Marital/QTIP Trusts ("A" Share) In Combination With Bypass Trust ("B" Share): The "A-B" Trust Structure
Chapter 8: Tax Planning Wills with QTIP and Bypass Trusts: For Married Couples With Combined Estates Exceeding Lifetime Exemption (Pecuniary Formula)
Chapter 9: Tax Planning Wills with Marital ("A") and Credit Shelter ("B") Shares: Use of Pecuniary Credit Shelter And Residuary Marital Bequests (Reverse Pecuniary Formula) Where One Spouse Has Probate Estate In Excess Of Two Times Lifetime Exemption ($22,360,000 in 2018)

Part IV - "Flexible" Tax Planning Wills with Disclaimer Trusts: Married Couples with Combined Estates Approaching Or Expected To Exceed Lifetime Exemption Or Who Desire A Flexible Approach
Chapter 10: Strategic Planning with "Flexible" Disclaimer Trusts
Chapter 11: Tax Planning Wills With Disclaimer Trusts 

Part V - Generation-Skipping Transfer ("GST") Tax Planning with Generation-Skipping Trusts — For Large Estates
Chapter 12: Strategic Planning With Generation-Skipping Trusts
Chapter 13: Tax Planning Wills With Generation-Skipping Trusts

Part VI - Wills for Unmarried Individuals (Single, Widowed, Divorced)
Chapter 14: Wills For Unmarried Individuals (Single, Widowed, Divorced) 

Part VII - Revocable (Living) Trusts And Pour-Over Wills
Chapter 15: Strategic Planning With Revocable Trusts As Primary Testamentary Instrument
Chapter 16: Revocable Trusts And Pour-Over Wills For Unmarried Individuals
Chapter 17: Revocable Trusts And Pour-Over Wills For Married Couples Without Tax Planning (Combined Estates Not Exceeding Lifetime Exemption)
Chapter 18: Revocable Trusts And Pour-Over Wills With Credit Shelter/Bypass Trusts — For Married Couples With Combined Estates Exceeding Lifetime Exemption
Chapter 19: Revocable Trusts And Pour-Over Wills With Marital/QTIP Trust In Combination With Credit Shelter/Bypass Trust: The "A-B" Trust Structure (Combined Estates Exceed Lifetime Exemption)
Chapter 20: Revocable Trust And Pour-Over Will For Married Couple With Disclaimer Trust Option Upon Death of Settlor
Chapter 21: Revocable Trust for Married Settlors with Generation-Skipping Trusts

Part VIII - Strategic Estate Planning with Irrevocable Trusts
Chapter 22: Irrevocable Life Insurance Trusts (ILITs)
Chapter 23: Trusts For Minors
Chapter 24: Trusts For Subchapter S Stock
Chapter 25: Retained Interest Trusts: QPRTs and GRATs
Chapter 26: Trusts For Individuals With Special Needs

Part IX - Alternative Drafting Forms
Chapter 27: Alternative Drafting Forms

Part X - Summaries of Select Estate Planning Practice Areas and Strategies
Chapter 28: Select Estate Planning Summaries: Ohio and Federal Law
Chapter 29: Selected Planning Strategies and Techniques

Part XI - Powers of Attorney
Chapter 30: Durable Powers of Attorney for Financial Matters
Chapter 31: Health Care Powers of Attorney and Advance Directives

Part XII - Charitable Gift Planning
Chapter 32: Charitable Gift Planning 
Chapter 33: Ohio Asset Protection Trusts

Part XIII - Appendices
Appendix A: Ohio Revised Code
Appendix B: Internal Revenue Code – Estate and Gift Taxes
Appendix C: Treasury Regulations – Estate and Gift Provisions (Under Subtitle B) 

 Part XIV - Indices