Estate Planning Basic Estate Planning Workshop
What Is An Estate?
Why Do Estate Planning? After Death Control Who Receives Assets Pay Minimum Legal Fees, Taxes At Incapacity Control Assets, Medical Decisions
A.D.D. Alive Disabled Deceased
Common Estate Plans Will Doing Nothing Joint Ownership Giving Away Assets Beneficiary Transfers Revocable Living Trust
Probate Assets Titled in Just Your Name Go Through Probate PROBATE Probate Fees Taxes Beneficiaries
Giving Away Assets You Lose Control
Stepped-Up Basis Lifetime Gifts (Your Basis) Selling Price $150,000 Basis    - 10,000 Gain $140,000 Capital Gains Tax $  28,000
Stepped-Up Basis   Lifetime Gifts   Transfers At Death (Your Basis) (New, Stepped-Up Basis) Selling Price $150,000 $150,000 Basis - 10,000 -150,000 Gain $140,000 $  0 Capital Gains Tax $ 28,000 $  0
Beneficiary Transfers Court Interference if Beneficiary: Incapacitated Dies First or at Same Time “ My Estate” Minor
Keeping Control with a Revocable Living Trust
Expenses That Reduce Your Estate Probate Estate Taxes Income Taxes
Tax Relief Act of 2001  EGTRRA 2001 2002 & 2003 $1,000,000 2004 & 2005 $1,500,000 2006 - 2008 $2,000,000 2009  $3,500,000 2010 Estate and GSTT repealed 2011 to 2013  $5,000,000
Choices in Estate Planning   No  Joint  Simple  Power of  Living   Will  Tenancy  Will  Attorney  Trust Avoid Guardianship? Avoid Probate  on the 1st Death? Avoid Probate  on the 2nd Death? Control the Distribution  on the 1st Death? Control the Distribution  on the 2nd Death? Provide the Maximum  Tax Savings?  No No No No No No No Yes Yes Yes Yes No No No No Yes Yes Yes Yes No No No No No Yes Yes Yes Yes Yes Yes
What is an Estate Plan? A Trust Agreement “ Pour Over” Will Durable Power of Attorney Durable Power of Attorney for Health Care Living Will Trust Amendments (Trust Minutes) Quit Claim Deed Trust Execution & Management Instructions
The Actual Process Complete the  Data Form  and schedule an appointment to review your Data. The attorney will prepare a draft of your  Living Trust  for your review and approval. Upon your approval of the draft, the final copy of your  Living Trust  will be prepared for signing. Upon your  Execution  of your  Personal Family Living Trust , your  Estate Planning Team  will assist you in the  FUNDING  of your  Trust !
Thanks for Attending
Estate Planning Presented by Arthur J. Pauly, Jr. J.D. Esq. 916-207-7526 www.paulylaw.com [email_address]

Basic Estate Planning

  • 1.
    Estate Planning BasicEstate Planning Workshop
  • 2.
    What Is AnEstate?
  • 3.
    Why Do EstatePlanning? After Death Control Who Receives Assets Pay Minimum Legal Fees, Taxes At Incapacity Control Assets, Medical Decisions
  • 4.
  • 5.
    Common Estate PlansWill Doing Nothing Joint Ownership Giving Away Assets Beneficiary Transfers Revocable Living Trust
  • 6.
    Probate Assets Titledin Just Your Name Go Through Probate PROBATE Probate Fees Taxes Beneficiaries
  • 7.
    Giving Away AssetsYou Lose Control
  • 8.
    Stepped-Up Basis LifetimeGifts (Your Basis) Selling Price $150,000 Basis - 10,000 Gain $140,000 Capital Gains Tax $ 28,000
  • 9.
    Stepped-Up Basis Lifetime Gifts Transfers At Death (Your Basis) (New, Stepped-Up Basis) Selling Price $150,000 $150,000 Basis - 10,000 -150,000 Gain $140,000 $ 0 Capital Gains Tax $ 28,000 $ 0
  • 10.
    Beneficiary Transfers CourtInterference if Beneficiary: Incapacitated Dies First or at Same Time “ My Estate” Minor
  • 11.
    Keeping Control witha Revocable Living Trust
  • 12.
    Expenses That ReduceYour Estate Probate Estate Taxes Income Taxes
  • 13.
    Tax Relief Actof 2001 EGTRRA 2001 2002 & 2003 $1,000,000 2004 & 2005 $1,500,000 2006 - 2008 $2,000,000 2009 $3,500,000 2010 Estate and GSTT repealed 2011 to 2013 $5,000,000
  • 14.
    Choices in EstatePlanning No Joint Simple Power of Living Will Tenancy Will Attorney Trust Avoid Guardianship? Avoid Probate on the 1st Death? Avoid Probate on the 2nd Death? Control the Distribution on the 1st Death? Control the Distribution on the 2nd Death? Provide the Maximum Tax Savings? No No No No No No No Yes Yes Yes Yes No No No No Yes Yes Yes Yes No No No No No Yes Yes Yes Yes Yes Yes
  • 15.
    What is anEstate Plan? A Trust Agreement “ Pour Over” Will Durable Power of Attorney Durable Power of Attorney for Health Care Living Will Trust Amendments (Trust Minutes) Quit Claim Deed Trust Execution & Management Instructions
  • 16.
    The Actual ProcessComplete the Data Form and schedule an appointment to review your Data. The attorney will prepare a draft of your Living Trust for your review and approval. Upon your approval of the draft, the final copy of your Living Trust will be prepared for signing. Upon your Execution of your Personal Family Living Trust , your Estate Planning Team will assist you in the FUNDING of your Trust !
  • 17.
  • 18.
    Estate Planning Presentedby Arthur J. Pauly, Jr. J.D. Esq. 916-207-7526 www.paulylaw.com [email_address]

Editor's Notes