Guide · Wills and Estates

Trusts and Estate Planning: A Comprehensive Guide to Wills, Revocable Trusts, Beneficiaries, and Funding

29 U.S.C. § 1055

Type
Guide
Jurisdiction
National
Date
2024-02-21
Topic
Wills and Estates

This guide covers estate planning from the first intake conversation through the maintenance schedule that keeps a plan current. It begins with the framework that organizes everything else — the distinction between probate and non-probate transfers, and the fact that a will governs only what has nowhere else to go. Chapters then cover will drafting and execution formalities, the revocable trust and the funding work that makes it real, beneficiary designations and the ERISA rules that override state law, and the incapacity documents that get used more often than the death documents. Later chapters address specialized trusts for minors, beneficiaries with disabilities, blended families, and spendthrifts; the federal transfer tax system and the basis rules that matter far more to most families; state estate and inheritance taxes; disclaimers and other post-death planning; fiduciary selection; will contests and the doctrines behind them; and the review triggers that should reopen a file. It closes with a chapter on what actually goes wrong.

Trusts and Estate Planning: A Comprehensive Guide to Wills, Revocable Trusts, Beneficiaries, and Funding

Wills and Estates > Trusts and Estate Planning | Published 21 February 2024 - Updated 25 October 2025 | UpLaw - uplaw.us

⭐ The organizing insight: the will is a residual instrument. It governs what nothing else governs. Beneficiary designations, survivorship title, and trust ownership control most of the property in most American estates, and each of them operates the instant a death occurs, without reference to the will.

The full text of this document is available to Executive subscribers and above. See plans.