1. Think you don’t
need an Estate Plan?
You Do.
FINANCIAL WISDOM FOR WOMEN
A FINANCIAL AND ESTATE PLANNING EVENT FOR THE
WOMEN OF ST. MARY’S UNIVERSITY
MAY 20, 2016
2. What is Estate Planning?
Asset Management During Life
Incapacity
Centralized control
Asset Protection Planning
Divorce
Creditor protection
Asset Distribution Upon Death
On your terms
3. GOALS
Transfer Title
Provide for Family
Retain Property in Family
Charitable Intent
Control Future Disposition
Avoidance of Tax
4. Estate Planning is a Dynamic Process
Life Changes
Marriage, Divorce, Birth, Death and Disability
Economic Changes
Income
Business
Inheritance
Changes in Law
Tax, Probate, and Property Law
5. Disposition of Assets
Transfers During Life – “Intervivos Transfers”
Transfers Upon Death – “Testamentary Transfers”
Beneficiaries of Property
Instrument Disposing of Property
Will
Trust
Deed
Contract
6. Last Will and Testament
States How Your Property Passes Upon Your Death
Beneficiaries
“Outright” vs. “In trust”
Appoints a Person or Entity to Administer Your Estate and Manage Assets
Executor
Trustee
Probate of Will
7. Probate and Estate Administration
Appointment of Executor
Duties of Executor
Collect Assets of Estate
Pay Debts
Distribute Remaining Property to Beneficiaries
Independent Administration vs. Dependent Administration
8. What If I Die Without a Will?
Property Passes According to Texas Estates Code
Estates Code Allocates Property to Heirs in Percentages
Property May Not Pass According to the Deceased’s Wishes
Administrator of Estate Appointed by Court
Administrator May be Required to Post Bond
No Tax Planning
Administration Expenses
9.
10. Trust Agreement
Fiduciary Relationship When One Person Gives Property to Second Person
for the Benefit of a Third Person
Trust Holds Legal Title to Property
Management and Investment for the Sole Benefit of the Beneficiary
Trustee has a Fiduciary Duty to Benefiary
Intervivos (lifetime) vs. Testamentary (activates upon death)
Trust can Benefit the Person Transferring the Property (Grantor, Trustor,
Settlor) or a Third Party
11. Trust vs. Will
A Will Only Comes Into Effect After a Person’s Death Whereas a Trust can Become
Effective During Their Life
Disposition of Property
Tax Planning/Avoidance
Creditor Protection
Will can Contain a Trust for a Beneficiary
Probate vs. Non-Probate
Administration Expenses
12. Beneficiary Designations
Life Insurance
IRA
Annuities
Bank Accounts
Joint Tenants / Rights of Survivorship
JTWROS
Payable on Death (POD)
Non-Probate Assets – Do not Pass under Will/Trust – Defeats Estate Plan
13. Special Needs Trusts
Supplemental Needs Trusts
Provide Care for Beneficiary Without Disqualifying Beneficiary From
Government Benefits
Government Programs Limited Based on Income and Assets
Medicare
Medicaid
Gifting of Assets Penalties
14. Revocable Trust for Incapacity
Lack of Family to Care for Beneficiary
Management of Beneficiary’s Assets By Third Party
Eliminates Court Appointed Guardian of Estate
15. Ancillary Estate Planning Documents
Statutory Durable Power of Attorney
Medical Power of Attorney
HIPAA Form
Directive to Physicians (Living Will)
16. Taxes and Tax Planning
Types of Transfer Taxes
Gift Tax
Estate Tax
Generation Skipping Transfer Tax
Gift Tax
Based on Assets Transferred During Lifetime
Annual Exclusion Amount
Payable By Donor
Lifetime Credit / Rate
17. Tax and Tax Planning
Estate Tax
Based on Assets Held Upon Death
No Exclusion
Lifetime Credit
GST Tax (Generation Skipping Transfer Tax)
During Life or After Death
Tax Occurs When Assets Skip a Generation
Lifetime Credit
18. Tax and Tax Planning
Ways to Reduce Taxes
Reduce Assets or Asset Value
Annual Exclusion Gifts
Family Limited Partnership Discount
Credit Shelter Trust
Marital Deduction Trust
Irrevocable Trusts for Third Parties or Charity
19. Patty is a shareholder with Duncan, Bressler & Liu, Inc. Her
practice concentrates on estate planning and trusts (including
family wealth transfers), marital agreements, probate, and
guardianships. She is Board Certified in Estate Planning and
Probate Law by the Texas Board of Legal Specialization and is a
Fellow of both the Texas Bar Foundation and the San Antonio
Bar Foundation. She is licensed in all Texas state courts and the
United States District Court for the Western District of Texas.
She is a graduate of Leadership Texas (2014) and currently
serves on the Board of Governors for the San Antonio Estate
Planners Council. Patty received her undergraduate degree
from Rhodes College and her law degree from St. Mary's
University School of Law.
Patricia Rouse
Vargas
20. Patty Vargas
Duncan, Bressler & Liu, Inc.
1020 N.E. Loop 410, Suite 500
San Antonio, Texas 78209
210-224-0781
pvargas@duncanlaw.com