Estate Planning - Trusts

Total Page:16

File Type:pdf, Size:1020Kb

Estate Planning - Trusts Estate Planning - Trusts • UK • International / Cross-Border • USA Englischsprachige Literatur Stand: Oktober 2007 Bettina Kube Telefon (089) 5 51 34-248 email [email protected] Bitte beachten Sie: Erscheinungstermine, Preise und Wechselkurse können sich ändern! Die hier angegebenen Preise sind kalkuliert mit 1 ₤ = € 1,50, 1US$ = € 0,85 und inklusive MWSt . Grundsätzlich gilt: Wir fakturieren immer den Verlagspreis zum aktuellen Wechselkurs zuzüglich MWSt. * Useful in commonwealth jurisdictions - regularly cited in court UK * An unrivalled and well-established text for the specialist practitioner Contemporary Perspectives on Property, Equity and Trust Law Cases & Materials on Equity and Trusts Edited by Martin Dixon and Gerwyn Ll H Griffiths Sixth Edition Price: £50.00 (hardback) Gary Watt ISBN 978-0-19-921984-1 Price: £29.99 (Paperback) Estimated publication date: November 2007 ISBN 978-0-19-920316-1 200 pages Publication date: 29 March 2007 618 pages Incisive analysis of recent developments such as public benefit and charities, such as hospitals and schools; equality law; the This new edition contains extracts from a wide range of relevant regulation of trustees; landlords and tenants; and joint ownership of and interesting case law, statutory material, academic writing and property official proposals for law reform. In a subject that is heavily case- Written by leading academics and practitioners in the field of trusts based, the content of Todd & Watt's Cases and Materials on Equity and equity and Trusts provides a complete source of reference for students. Contains in depth and up to date commentary of recent legislation Logically set out, the book is structured to correspond to a typical such as The Charities Act 2006 and The Disability Discrimination undergraduate course in equity and trusts, with materials linked by Act 2005 engaging commentary and stimulating questions with answers, as Covers a wide range of topics within land, property law and trust well as suggestions for further study. law, serving the needs of both practitioners and academics Discusses the major areas of debate within the area of trusts and The sixth edition has been revised to include a new chapter equity in one concise, readable volume dedicated to equitable doctrines and remedies. It has also been This work counters the common perception that equity and trusts is updated to include the Charities Act 2006, the Law Commission a static area of law. The essays, written by leading academics and report on Trustee Exemption Clauses (2006) and consultation well established practitioners of the field, demonstrate both that the paper on Cohabitation (2006), and numerous new cases, including area is vibrant with new legislation and case law and show the Re Farepak Foods (2006), Re Horley Town Football Club (2006), value of reconsidering familiar topics in the light of new Barlow Clowes International Ltd. (In Liquidation) v. Eurotrust developments. International Limited (2005), and Charter plc v City Index Ltd (2007) . This new edition is especially notable for the inclusion of The scope of the book is wide ranging, covering equity, trusts and extracts from recent scholarly articles by several of the world's property and is divided into two main sections: the law of real leading academic thinkers on the law of trusts. property, and the law of equity and trusts. In Part One, a variety of topics surrounding the law of real property are discussed: from Online Resource Centre unconscionability, and the protection of third party interests, to Fully supported by an Online Resource Centre orientated towards property, marriage and ownership, and the impact of equality law consolidating students' understanding and providing a forum for on landlord and tenant regulations. Part Two focuses on the self-assesment. Resources include regular updates to changes and regulation of trusts and trustees and the impact of new legislation developments in relevant cases, suggested answers to questions on charities such as hospitals and schools. in the book, and links to key websites. Contents Drafting Trusts and Will Trusts Part 1: Introduction to Equity and Trusts James Kessler 1. Foundations of Equity and Trusts 2. Trusts in Context ISBN 9780421955509 Part 2: Creation and Recognition of Trusts Edition: 8th Edition 3. Trusts Created Expressly 4. Constitution of Trusts: Effective Publisher: Sweet & Maxwell Disposition of Benefit 5. Resulting Trusts: Ineffective Disposition of Publication Date: 13/12/2006 Benefit 6. Formality, Perpetuity, and Illegality: Trust Creation and £127.19 Public Policy 7. Charity: Trust Creation and Public Policy II 8. Constructive Trusts and Informal Trusts of Land The definitive guide to drafting trusts Part 3: The Regulation of Trusts Explains the issues in drafting trusts and will trusts, the choices that 9. Variation of Trusts and the Flexibility of Benefit 10. The Fiduciary have to be made and the issues that concern the settler and Duty 11. Fulfilling and Filling the Office of Trustee 12. Investment testator 13. Breach of Trust: The Personal Liability of Trustees Helps ensure practitioners can make the best tax planning Part 4: Trusts and Third Parties judgements and prepare trust documents which precisely meet 14. Tracing and Recovering Trust Property 15. The Equitable client requirements and reflect up-to-date trust and tax law Liability of Strangers to the Trust Covers all the technical issues involved in drafting settlements, Part 5: Equity common mistakes and traps, which matters are essential and 16. Equity: Maxims, Doctrines, and Remedies which may be safely omitted, to ensure you draft the most accurate, reliable and appropriate trust Updated to take into account the latest legislation including the Civil Constructive Trusts Partnership Act and Finance Act 2006 which has had profound A J Oakley implications on trust drafting ISBN: 9780421876705 Contains expert commentary on drafting plus guidance on the Edition: 4th Edition relevant law and tax issues Publisher: Sweet & Maxwell Written in an easy-to-understand style enabling the less Publication Date: NA experienced drafter to understand the more complex issues £145.00 Offers an extensive selection of precedents to suit a wide range of trust requirements Now in its fourth edition, this well-respected and practical text Precedents are drafted in a straightforward and modern drafting provides the definitive guide to constructive trust law and practice. style which avoids outdated and unnecessary complexities Arranged into the situations and areas in which constructive trusts Includes precedents on a CD-ROM which saves re-keying and can be imposed, the work deals with a topic which is becoming makes precedents available for immediate use increasingly common. The work analyses major decisions, applying them to the principles Contents: of the law and the practice and procedure they affect. It has been FA 2006: The Raid on Trusts. First Principles. Style. Principles of regularly judicially cited in Australian, New Zealand and English Interpreting Trust Documents. Beneficiaries. Trustees. Trustees courts. Powers. Trust Property. The Rule Against Perpetuities. General Easy to use, the contents are ordered by circumstances where Provisions of a Trust. Drafting and Understanding Overriding constructive trusts can be imposed. The chapters are broken down Powers (Appointment, Re-settlement and Advancement). into parts and headed sections for ease of navigation. New Exercising Overriding Powers. Settlor Exclusion and Default chapters have been added on Constructive Trusts and Taxation; Clauses. Lifetime Interest in Possession Trusts. Discretionary Constructive Trusts and Limitation; and Constructive Trusts in the Trusts. Provisions Inconsistent with IP and IHT Special Trusts. Will Conflict of Laws. All three principal chapters on the substantive law Trusts. Wills and Care Fee Planning. Administrative Provisions; have been the subject of recent important English decisions. Bare Trusts. Trusts of Life Insurance Policies. Charitable Trusts. * Provides the definitive guide to constructive trust law and practice Trusts of Damages. Trusts for Disabled Beneficiaries. Governing * Includes case-based analysis with extensive footnotes 2 Law, Place of Administration and Jurisdiction Clauses. Restricting 1. Introduction to Equity and Trusts 2. Understanding Trusts 3. Rights of Beneficiaries. Stamp Duty and SDLT. Exec. Appointment Capacity and Formailty Requirements 4. Certainty Requirements 5. and Retirement of Trustees. Indemnities for Trustees. Precedents The Constitution of Trusts 6. Public Policy Limitations on the STEP Standard Provisions. Annotated Bibliography. Useful Formation of Trusts 7. Purpose Trusts 8. Charitable Trusts 9. Websites. NRB debt and charge arrangements: tax analysis. Variation of Trusts 10. Trustee Appointments 11. The Nature of Definitions of “disabled” for tax purposes Trusteeship 12. Trustees' Duties 13. Maintenance & Advancement 14. Investment 15. Breach of Trust: Defences and Relief 16. Resulting and Constructive Trusts 17. Informal Trusts of Land 18. Equity and the Law of Trusts Tracing 19. The Equitable Liability of Strangers to the Trust 20. Tenth Edition Equitable Doctrines and Remedies Philip H. Pettit Price: £32.99 (paper) ISBN 978-0-19-928534-1 Hanbury & Martin: Modern Equity Publication date: 29 September 2005 Jill Martin 798 pages ISBN: 9780421798403 Edition: 17th Edition The tenth edition has been fully revised and updated to include Publisher: Sweet & Maxwell
Recommended publications
  • Gay Marriage - a Modern Proposal: Applying Baehr V
    Indiana Journal of Global Legal Studies Volume 3 Issue 1 Article 10 Fall 1995 Gay Marriage - A Modern Proposal: Applying Baehr v. Lewin to the International Covenant on Civil and Political Rights Anne M. Burton Indiana University School of Law Follow this and additional works at: https://www.repository.law.indiana.edu/ijgls Part of the Civil Law Commons, Family Law Commons, and the International Law Commons Recommended Citation Burton, Anne M. (1995) "Gay Marriage - A Modern Proposal: Applying Baehr v. Lewin to the International Covenant on Civil and Political Rights," Indiana Journal of Global Legal Studies: Vol. 3 : Iss. 1 , Article 10. Available at: https://www.repository.law.indiana.edu/ijgls/vol3/iss1/10 This Note is brought to you for free and open access by the Law School Journals at Digital Repository @ Maurer Law. It has been accepted for inclusion in Indiana Journal of Global Legal Studies by an authorized editor of Digital Repository @ Maurer Law. For more information, please contact [email protected]. Gay Marriage--A Modern Proposal: Applying Baehr v. Lewin to the International Covenant on Civil and Political Rights ANNE M. BURTON* "[W]e protect the family because it contributes so powerfully to the happiness of individuals, not because of a preference for stereotypical households.... The fact that individuals define themselves in a significant way through their intimate sexual relationships with others suggests, in a Nation as diverse as ours, that there may be many 'right' ways of conducting those relationships I. INTRODUCTION Gay2 couples cannot legally marry anywhere in the United States. Of course, many gay couples do "marry" in unofficial ceremonies3 or in * A.B., Smith College, 1992; J.D.
    [Show full text]
  • Estate Planning Guide
    Estate Planning Guide You can't predict the future. But you can plan what will happen to your estate. Free guide courtesy of Table of Contents Planning for Your Family’s Future . 1 Creating Your Will . 3 Legal Requirements . 4 Providing for Minor Children . 5 Will Creation Checklist . 6 About Probate . 7 Your Living Will . 8 Estate Tax Basics . 10 The Ins and Outs of Trusts . 11 Other Aspects of Trusts . 12 Life Insurance . 13 Using a Power of Attorney . 15 Selecting Your Agent . 16 A Word about Final Arrangements . 17 Conclusion . 19 The ABCs of Estate Planning . 20 Planning for Your Family’s Future Have you created an estate plan? Been thinking about it? Or have you avoided thinking about how to make sure your family is taken care of if something dire happens to you? s uncomfortable as it might feel at first, it is never too early to think about estate planning. And the truth is that once you’ve got A a plan in place, you will be relieved knowing that the people you love most will be looked after if you are no longer around. The process of planning for your permanent absence is not very complex, though, depending on the size and nature of your estate, some of the elements may require legal assistance to get right. 1 Here are nine steps to follow in order to ensure that you have taken care of all aspects of estate planning: Make a will. 1 This is the very first thing to take care of in your estate plan.
    [Show full text]
  • Anti-Same-Sex Marriage Policies and Principles of Equity: the Effect of Same-Sex Cohabitation on Alimony Payments to an Ex-Spouse
    Chicago-Kent Law Review Volume 84 Issue 3 Symposium: Data Devolution: Corporate Information Security, Consumers, and the Article 18 Future of Regulation June 2009 At a Cross-Road: Anti-Same-Sex Marriage Policies and Principles of Equity: The Effect of Same-Sex Cohabitation on Alimony Payments to an Ex-Spouse Jill Bornstein Follow this and additional works at: https://scholarship.kentlaw.iit.edu/cklawreview Part of the Family Law Commons, and the Sexuality and the Law Commons Recommended Citation Jill Bornstein, At a Cross-Road: Anti-Same-Sex Marriage Policies and Principles of Equity: The Effect of Same-Sex Cohabitation on Alimony Payments to an Ex-Spouse, 84 Chi.-Kent L. Rev. 1027 (2010). Available at: https://scholarship.kentlaw.iit.edu/cklawreview/vol84/iss3/18 This Notes is brought to you for free and open access by Scholarly Commons @ IIT Chicago-Kent College of Law. It has been accepted for inclusion in Chicago-Kent Law Review by an authorized editor of Scholarly Commons @ IIT Chicago-Kent College of Law. For more information, please contact [email protected], [email protected]. AT A CROSS-ROAD: ANTI-SAME-SEX MARRIAGE POLICIES AND PRINCIPLES OF EQUITY: THE EFFECT OF SAME-SEX COHABITATION ON ALIMONY PAYMENTS TO AN EX-SPOUSE JILL BORNSTEIN* INTRODUCTION This Note discusses the effect of post-marital homosexual relation- ships on the receipt of alimony payments from an ex-spouse. Traditionally, a court will terminate alimony payments to a recipient-spouse upon evi- dence of his or her re-marriage or cohabitation with another person.1 The purpose underlying such termination is to release the payor-spouse from an obligation to support an ex-spouse who has become fmancially interdepen- dent with another.
    [Show full text]
  • Book Review: Cases on the Law of Property: by Russell Denison Niles and Elmer M
    Marquette Law Review Volume 42 Article 14 Issue 2 Fall 1958 Book Review: Cases on the Law of Property: By Russell Denison Niles and Elmer M. Million Adrian P. Schoone Follow this and additional works at: http://scholarship.law.marquette.edu/mulr Part of the Law Commons Repository Citation Adrian P. Schoone, Book Review: Cases on the Law of Property: By Russell Denison Niles and Elmer M. Million, 42 Marq. L. Rev. 265 (1958). Available at: http://scholarship.law.marquette.edu/mulr/vol42/iss2/14 This Article is brought to you for free and open access by the Journals at Marquette Law Scholarly Commons. It has been accepted for inclusion in Marquette Law Review by an authorized administrator of Marquette Law Scholarly Commons. For more information, please contact [email protected]. BOOK REVIEW Russell Denison Niles* and Elmer M. Million,** CASES ON THE LAW OF PROPERTY: Bobbs-Merrill Company, Vol. 1, 1951, $8.50; Vols. 2 and 3, 1957, $7.50 each. The volumes to be reviewed were quite obviously prepared by their authors with the purpose of providing a modern property casebook for the law student foremost in mind. But their accomplishment has been multi-fold as the writer shall. attempt to prove. The works shall not be gauged against a standardized property authority; the intent is merely to examine the contents of the volumes and perhaps to evalu- ate them. All three volumes are considered so as to give a complete indication of the arrangement utilized by the authors in presenting a thorough explanation of both real and personal property law.
    [Show full text]
  • Chapter 10 BIBLIOGRAPHY of SELF-HELP RESOURCES
    Chapter 10 BIBLIOGRAPHY OF SELF-HELP RESOURCES Legal information resources geared toward the non-lawyer have changed dramatically since the previous edition of this book was published in 2011. At that time, Nolo Press was the primary source for books that might help the novice legal researcher interpret the legalese of primary law materials (i.e., statutes, cases and regulations) or learn how to proceed in handling a legal matter (e.g., filing a lawsuit, responding to a summons, establishing copyright protection, changing your name, etc.). Nolo Press continues to dominate the self-help arena. However, thanks to the Internet, what is available online not only supplements, but often replaces, what is available in print. Now, one can often find step-by-step guidance from authoritative sources online. This chapter consists of an annotated, selective bibliography of legal self-help books and websites aimed at providing guidance to the non-attorney and non-law librarian in California. For California resources outside the self-help arena, please see Chapter 5: California Law and Chapter 6: Bibliography of California Resources of this publication. The books and Web sites listed below have proven reliable over the years. They are arranged under the following subject headings: Art Law Bankruptcy Business Law Includes corporations, limited liability companies and partnerships, small businesses and nonprofits Civil Procedure & Litigation Includes enforcing judgments, superior & appellate court practice, personal injury, traffic and small claims procedure,
    [Show full text]
  • Glossary of Common Probate Terms
    Glossary of Common Probate Terms A ADMINISTRATOR ABATE A person (sometimes a family member) appointed by the To put an end to; nullify. court to administer the estate of a person who died without a will (i.e., a Personal Representative). (See also, general ABATEMENT administrator, public administrator, and special administrator.) Cutting back certain gifts under a will when necessary to ADMINISTRATOR WITH WILL create a fund to meet expenses, pay taxes, satisfy debts, or to have enough to take care of other bequests that are given ANNEXED priority under law or under the will. A person appointed by the court to administer the estate of ABSTRACT OF JUDGMENT a person who died with a will, but the will either fails to A written summary of a judgment which states how nominate an executor or the named executor is unable to much money the losing party (judgment debtor) owes serve. to the person who won a monetary award (judgment ADVERSE POSSESSION creditor). The abstract is issued by the court so that it The actual, open, and notorious possession of real property, can be recorded at the county recorder. The purpose of for a continued period of time, held adversely and in denial an abstract of judgment is to create a lien or claim on and in opposition to the title of any other claimant. any real estate owned or later acquired by the debtor AFFIANT located in the county in which the abstract of judgment One who makes oath to a statement. is recorded. AFFIDAVIT ACCOUNTING A written statement made under oath.
    [Show full text]
  • Documents Durable Power of Attorney Revocable Living Trust
    Documents Durable Power Of Attorney Revocable Living Trust Marshall is morally matching after bonny Sayre soogeed his inanimateness bad. Arthritic Virgie outhiresrealising sono overhandRameses thatsyllabled Bailie femininelysubletting afterher kiss? Hall muzzling upwind, quite historicism. Which Stavros The judge has the trustee distributes the attorney documents revocable living trust. The goal of this estate plan is to avoid the Probate process through the use of a Revocable Trust. Florida medicaid as attorney documents of durable power of such trusts, and powers should not able to avoid probate court because medical emergency. By you are distributed by the of trust avoid the use it cannot take effect if you become incapacitated, and do when you want to travel out financial drain of town. National Zoo their new home, having moved from the Como Park Zoo and Conservatory in Minnesota. Real Property as well as liquid accounts are identified. Fact under your DPOA could do that for you. Understand in detail about the durable power of attorney. Trusts: Revocable Living Trusts, Irrevocable Trusts, Testamentary Trusts, Special Needs Trusts, etc. From then on, the trustee has duties to perform. The revocable living trust has to be maintained, and it must be correctly funded. Executor to oversee the distribution, and names the beneficiaries to inherit your assets. So it could be some stranger on a list that the judge has inside his or her desk. When thinking about your estate planning options, consider whether a trust might be right for you. Colorado avoids this fate and your privacy is protected. These documents allow an individual to express and communicate their wishes and give specific directions regarding their medical care should they become unable to do so in the future.
    [Show full text]
  • REAL ESTATE PURCHASE and SALES CONTRACTS Presented to the NC LAMP CLE January 24, 2008
    REAL ESTATE PURCHASE AND SALES CONTRACTS Presented to the NC LAMP CLE January 24, 2008 The contract for purchase and sale of real estate is often the largest and most important contract entered into by consumers. As a consequence, much time and attention is devoted to the creation of a comprehensive and balanced contract by the North Carolina Bar Association and the North Carolina Association of REALTORS®. Through a joint committee of these two organizations, a standard form residential sales contract has been disseminated for general use in residential real estate transactions in North Carolina. It is available to members of the Bar Association and the NC REALTORS®, and can be purchased by consumers from various printing companies around the state. That form is known as the Offer to Purchase and Contract (Standard Form 2-T). The Offer to Purchase and Contract is regularly revised by the Bar Association and North Carolina Association of REALTORS® to meet the changing needs of consumers, real estate attorneys, and real estate brokers. Numerous addenda have been created for use in conjunction with the standard form to cover special circumstances or consumer needs. Revisions to the contract and its addenda are typically rolled out effective July 1. This presentation will focus on the current form (“Revised 7/2007”) and the most commonly used addenda. Statutory Background The Statute of Frauds requires contracts for the sale of land, or any interest in land, to be in writing. See N.C. Gen. Stat. § 22-2 (“All contracts to sell or convey any lands, tenements or hereditaments, or any interest in or concerning them…shall be void unless said contract, or some memorandum or note thereof, be put in writing and signed by the party to be charged therewith, or by some other person by him thereto lawfully authorized….”).
    [Show full text]
  • Mediation Clauses in Estate Planning Documents Lela P
    Washington and Lee Law Review Volume 65 | Issue 2 Article 5 Spring 3-1-2008 Leaving More Than Money: Mediation Clauses in Estate Planning Documents Lela P. Love Stewart E. Sterk Follow this and additional works at: https://scholarlycommons.law.wlu.edu/wlulr Part of the Estates and Trusts Commons Recommended Citation Lela P. Love and Stewart E. Sterk, Leaving More Than Money: Mediation Clauses in Estate Planning Documents, 65 Wash. & Lee L. Rev. 539 (2008), https://scholarlycommons.law.wlu.edu/wlulr/ vol65/iss2/5 This Article is brought to you for free and open access by the Washington and Lee Law Review at Washington & Lee University School of Law Scholarly Commons. It has been accepted for inclusion in Washington and Lee Law Review by an authorized editor of Washington & Lee University School of Law Scholarly Commons. For more information, please contact [email protected]. Leaving More Than Money: Mediation Clauses in Estate Planning Documents Lela P. Love* Stewart E. Sterk** Abstract When probate disputes arise, an increasingnumber of courts have been referring those disputes to mediation. Estate planners, however, have been less proactive about drafting wills to include mediation clauses that would anticipateestate disputes and channel them awayfrom litigation. When a will mandates mediation, the will provides a dispute resolution mechanism designed to preservefamily harmony, conserve estate assets, and avoidairing the family's "dirty laundry"-objectives common to many testators. Mediation clauses in wills are no panacea. They are of little value to testators who exalt control over estate assets above all other concerns, and they are unlikely to bind disappointedfamilymembers whose primary claim is "againstthe will" rather than "under the will." Nevertheless, compared to other alternativesfrequently employed by estates lawyers (including "no contest" clauses), mediation clausespresent significantpotential for reducing estates litigation, with its attendantfinancial and emotional costs.
    [Show full text]
  • FORM 2G North Carolina Bar Association Revised 7/2017 North Carolina Association of REALTORS, Inc
    GUIDELINES FOR COMPLETING THE OFFER TO PURCHASE AND CONTRACT (Form No. 2G) INTRODUCTION: These guidelines are provided to assist Brokers and attorneys who are completing the Offer to Purchase and Contract form on behalf of Buyers and Sellers. The Offer to Purchase and Contract is the most important document in any real estate sale and it is imperative that it accurately reflects the entire agreement of Buyer and Seller. An improper contract may have substantial adverse effects on the rights and interests of the parties. These guidelines include general comments about contract completion as well as suggestions and explanations regarding selected contract provisions with which Brokers often have difficulty. However, situations will frequently arise that are not covered by these Guidelines. All Paragraph numbers and Subparagraph numbers and letters used in these Guidelines correspond to the paragraph numbers and subparagraph numbers and letters used in the Offer to Purchase and Contract. Brokers should always remember that a North Carolina real estate attorney should be consulted any time there is uncertainty regarding the proper completion of this important form. USE OF FORM: The Offer to Purchase and Contract form is jointly approved by the NORTH CAROLINA ASSOCIATION OF REALTORS, INC. and the NORTH CAROLINA BAR ASSOCIATION, as Form No. 2-T. The version of this form with the REALTOR logo is produced by NCAR for use by its members, only as printed. The version of this form without the REALTOR logo is produced for the NORTH CAROLINA BAR ASSOCIATION and may be used, only as printed, by attorneys and Brokers. This form may be used in a variety of real estate sales transactions, but it was developed primarily for use in the sale of existing single- family residential properties.
    [Show full text]
  • Get It Together Organize Your Records So Your Family Won’T Have To
    2nd Edition Get It Together Organize Your Records So Your Family Won’t Have To By Melanie Cullen with Shae Irving, J.D. always up to date The law changes, but Nolo is on top of it! We offer several ways to make sure you and your Nolo products are up to date: Nolo’s Legal Updater 1 We’ll send you an email whenever a new edition of this book is published! Sign up at www.nolo.com/legalupdater. Updates @ Nolo.com 2 Check www.nolo.com/update to nd recent changes in the law that affect the current edition of your book. Nolo Customer Service 3 To make sure that this edition of the book is the most recent one, call us at 800-728-3555 and ask one of our friendly customer service representatives. Or nd out at www.nolo.com. please note We believe accurate, plain-English legal information should help you solve many of your own legal problems. But this text is not a substitute for personalized advice from a knowledgeable lawyer. If you want the help of a trained professional—and we’ll always point out situations in which we think that’s a good idea—consult an attorney licensed to practice in your state. 2nd Edition Get It Together Organize Your Records So Your Family Won’t Have To By Melanie Cullen with Shae Irving, J.D. SECOND EDITION FEBRUARY 2007 Editor SHAE IRVING Cover Photography TONYA PERME (tonyaperme.com) Book Design SUSAN PUTNEY Index JANET PERLMAN Proofreading ROBERT WEllS Printing CONSOLIDATED PRINTERS, INC.
    [Show full text]
  • GUIDELINES for COMPLETING the OFFER to PURCHASE and CONTRACT FORM (Standard Form No
    GUIDELINES FOR COMPLETING THE OFFER TO PURCHASE AND CONTRACT FORM (Standard Form No. 2; Copyright 7/2002) INTRODUCTION:These guidelines are provided to assist agents and attorneys who are completing the Offer to Purchase and Contract form on behalf of Buyers and Sellers. The Offer to Purchase and Contract is the most important document in any real estate sale and it is imperative that it accurately reflects the entire agreement of the Buyer and Seller. An improper contract may have substantial adverse effects on the rights and interests of the parties. These guidelines include general comments about contract completion as well as suggestions and explanations regarding selected contract provisions with which agents often have difficulty. However, situations will frequently arise that are not covered by these guidelines. Agents should always remember that an attorney should be consulted any time there is uncertainty reguarding the proper completion of this important form. USE OF FORM:The Offer to Purchase and Contract form, Copyright 7/2002, is jointly approved by the NORTH CAROLINA ASSOCIATION OF REALTORS®, INC. and the NORTH CAROLINA BAR ASSOCIATION, as Standard Form No. 2. The version of this form with the REALTOR® logo is produced by NCAR for use by its members, only as printed. The version of this form without the REALTOR® logo is produced for the NORTH CAROLINA BAR ASSOCIATION and may be used, only as printed, by attorneys and any real estate agent. This form may be used in a variety of real estate sales transactions, but it was developed primarily for use in the sale of existing single family residential properties.
    [Show full text]