The document outlines three types of complete estate plans offered by John P. Tamboer PLC: the Primary Estate Plan, Probate Avoidance Plan, and Living Trust Plan. Each plan coordinates estate distribution methods with legal documents to achieve different objectives. The Primary Estate Plan relies on probate and a will. The Probate Avoidance Plan uses beneficiary designations to avoid probate. The Living Trust Plan transfers assets to a trust to be managed and distributed by a trustee. All of the firm's estate plans include customized legal documents and services to prepare for incapacity and distribute assets after death.
What Is a Supplemental Needs Trust in ConnecticutBarry D Horowitz
Estate planning involves some careful consideration. You need to identify and inventory your assets to fully understand what you have to pass along, and you should consider things like potential tax exposure and asset protection. Learn more about supplemental needs trust in Connecticut in this presentation.
Disaster Preparedness Legal Documents You Should HaveHelp Lawyer
These are the main documents you should have when you have been the victim of a disaster. Be prepared and have a disaster plan to and to include in your disaster preparedness plan is the most important documents you will need at hand. Find out about the 10 most important disaster documents you will need.
This document discusses estate planning strategies using life insurance in light of recent tax law changes. It begins by outlining the key provisions of the American Taxpayer Relief Act of 2012 (ATRA) related to estate taxes, including permanently setting the federal estate tax exemption and making portability of the unused exemption between spouses permanent. It then provides questions for individuals to consider regarding their current estate planning and goals to determine which strategies may be most appropriate, such as using trusts, annual gifting, or life insurance to minimize taxes and achieve goals. The document provides an overview of various planning tools and strategies individuals can explore with their advisors based on the size and goals of their estate.
Trust Administration is the process people often find themselves in unexpectedly, after the death of a spouse or parent who created the trust prior to passing on.
Estate Planning for Parents of Minor ChildrenIsis Parenting
For most new parents, life is about functioning on a few hours of sleep a night, squeezing in a daily shower, and finding clothes that actually fit. Big "to-do's" are easily put on the backburner, and as a result, many new parents fail to create (or revise) Wills, Trusts or appropriate Guardianship documents. In this presentation, Jaime Kim shows us the consequences of not having these documents in place, and how parents can provide for their minor children through proper estate planning. Jaime is an attorney with King & Navins, P.C., in Wellesley, MA, the mother of a four year old daughter and one year old son and an avid Isis fan.
According to Skeeles and Cunningham from the Ohio State University Extension, estate planning ensures that the welfare of a loved one is secured even after his or her death. However, the majority of Americans do not have a plan or a will. Why? No one likes to think or talk about his or her own demise, and our loved ones don’t want to hear about this subject either. Another reason is that the majority of us do not fathom the idea of planning an estate.
The document provides an overview of standard estate planning tools including wills, powers of attorney for healthcare and finances, probate, trusts, and long-term care issues. It discusses how wills identify beneficiaries and direct probate, powers of attorney appoint agents, probate transfers title to heirs, trusts can avoid probate and reduce taxes, and long-term care options include Medicare, Medicaid, and insurance. The conclusion emphasizes proper estate planning maximizes bequests while poor planning maximizes taxes.
What Is a Supplemental Needs Trust in ConnecticutBarry D Horowitz
Estate planning involves some careful consideration. You need to identify and inventory your assets to fully understand what you have to pass along, and you should consider things like potential tax exposure and asset protection. Learn more about supplemental needs trust in Connecticut in this presentation.
Disaster Preparedness Legal Documents You Should HaveHelp Lawyer
These are the main documents you should have when you have been the victim of a disaster. Be prepared and have a disaster plan to and to include in your disaster preparedness plan is the most important documents you will need at hand. Find out about the 10 most important disaster documents you will need.
This document discusses estate planning strategies using life insurance in light of recent tax law changes. It begins by outlining the key provisions of the American Taxpayer Relief Act of 2012 (ATRA) related to estate taxes, including permanently setting the federal estate tax exemption and making portability of the unused exemption between spouses permanent. It then provides questions for individuals to consider regarding their current estate planning and goals to determine which strategies may be most appropriate, such as using trusts, annual gifting, or life insurance to minimize taxes and achieve goals. The document provides an overview of various planning tools and strategies individuals can explore with their advisors based on the size and goals of their estate.
Trust Administration is the process people often find themselves in unexpectedly, after the death of a spouse or parent who created the trust prior to passing on.
Estate Planning for Parents of Minor ChildrenIsis Parenting
For most new parents, life is about functioning on a few hours of sleep a night, squeezing in a daily shower, and finding clothes that actually fit. Big "to-do's" are easily put on the backburner, and as a result, many new parents fail to create (or revise) Wills, Trusts or appropriate Guardianship documents. In this presentation, Jaime Kim shows us the consequences of not having these documents in place, and how parents can provide for their minor children through proper estate planning. Jaime is an attorney with King & Navins, P.C., in Wellesley, MA, the mother of a four year old daughter and one year old son and an avid Isis fan.
According to Skeeles and Cunningham from the Ohio State University Extension, estate planning ensures that the welfare of a loved one is secured even after his or her death. However, the majority of Americans do not have a plan or a will. Why? No one likes to think or talk about his or her own demise, and our loved ones don’t want to hear about this subject either. Another reason is that the majority of us do not fathom the idea of planning an estate.
The document provides an overview of standard estate planning tools including wills, powers of attorney for healthcare and finances, probate, trusts, and long-term care issues. It discusses how wills identify beneficiaries and direct probate, powers of attorney appoint agents, probate transfers title to heirs, trusts can avoid probate and reduce taxes, and long-term care options include Medicare, Medicaid, and insurance. The conclusion emphasizes proper estate planning maximizes bequests while poor planning maximizes taxes.
A Beginner's Guide to Wills: Florida Guide to making a Will by University of ...Wolf Elder Law
Florida Guide to making a Will by University of Florida Extension: A Beginner's Guide to Wills by Brian Lacefiled and P.J. van Blokland
This is the first in a brief three-document series
on estate planning. Each is simple and intended only
to provide an outline to someone who knows little
about the subject. The other two documents are (1)
trusts and (2) living wills and power of attorney.
Although many people think that they do not have
enough assets to need a will—which presumably
explains why 70% of Americans do not have a will
(Nolo.com, 2000)—everyone should have a will.
Most individuals have more than they realize,
considering that an estate includes real and personal
property. Real property is land and permanent
improvements. Personal property includes everything
else (e.g., stocks, bonds, mutual funds, cash, cars,
furniture, art, jewelry, life insurance and retirement
plans). The will is undoubtedly the most basic and
perhaps the most important estate planning document.
This document provides an overview and agenda for an estate planning seminar in Tennessee that discusses recent changes to Tennessee's tax laws that make it more favorable for trusts and estate planning. Topics covered include the current federal and Tennessee estate, inheritance, and gift tax structures; portability of the federal estate tax exemption between spouses; income tax planning considerations; probate avoidance techniques using revocable trusts; and various types of trusts for creditor protection planning.
Rubik's Cube of Estate Planning Ideas for Estates under $10MMDominic Pepper
Some of the newest ideas for estate planning for families with assets below the Federal Exemption. Set to adjust for inflation, the current exemption is $5.34MM for an individual and $10.68MM for a married couple.
Learn about J.E.S.T., Gap QTIP, Gains tax planning etc.
Planning for Long-Term Care - A consumer's guideLTCI Partners
Long-term care is expensive and most people are unprepared for these costs. The document discusses how 70% of Americans over 65 will need long-term care services, with costs projected to be over $1.9 million for five years of care 30 years from now. It outlines the types of long-term care services, who pays (mostly out-of-pocket despite misconceptions about Medicare and Medicaid coverage), and encourages planning now through insurance or other means to protect assets from these substantial costs.
Estate planning consists of creating important legal documents like a will, medical power of attorney, and living will to provide for incapacity or death. It is important to have these documents to avoid problems like taxes, loss of assets, and family tension. Long-term care planning is also important as over 70% of people over 65 will need long-term care services at some point. The costs of care continue to rise significantly each year, so planning early can help preserve assets and maintain independence.
The Family Law Act means changes for estate planners, including:
1) Common-law spouses now have rights to divide family property and assets upon separation. 2) The definition of "spouse" now includes unmarried couples who have lived together for 2 years or have a child together. 3) Guardians now have the ability to appoint successor guardians or "standby" guardians, and can receive small amounts of property for children without court approval.
This document provides an overview of chapter 17 exhibits related to federal estate, gift, and generation-skipping transfer taxes. It lists 27 exhibits that cover topics such as the formula for computing estate tax liability, definitions of key terms, different forms of property ownership like tenancy by the entirety and joint tenancy, life insurance proceeds, annuities, gifts, deductions from the gross estate, and generation-skipping transfers. The exhibits provide examples and explanations of these various concepts.
Provisions for Victim Assistance:Restitution : Ex-Gratia Grant;Compensation...singhajay92
The document discusses provisions for victim assistance in the form of restitution and compensation. It defines restitution as restoring losses through means such as ex-gratia grants provided by the offender, government, or third parties. Compensation aims to lessen the immediate costs of victimization and is recognized internationally as a victim's right. Both restitution and compensation can provide funds, medical aid, and other assistance to help victims recover from crimes and abuse of power. The document examines examples of restitution and compensation schemes from India and other countries.
This document summarizes a Tax Court case regarding a petitioner seeking relief from joint tax liability. The petitioner and intervenor filed a joint tax return for 2004 that omitted certain income items, resulting in tax deficiencies. While the petitioner was aware of the omitted items, she sought relief under Internal Revenue Code sections 6015(b), (c), and (f). The court denied relief under subsections (b) and (c) due to petitioner's knowledge of the omitted items. The court also denied relief under subsection (f) because petitioner's knowledge of the omitted items weighed heavily against relief, and she failed to establish that she did not benefit from the omitted income or would suffer economic hardship from paying the tax liability.
1) Estate planning involves determining how to distribute one's assets after death through various legal means like a will, gifts during life, or intestacy laws.
2) Developing a sound estate plan involves ascertaining one's assets, determining how to distribute them among beneficiaries, and choosing appropriate legal methods like wills or trusts.
3) Strategies for effective estate planning include protecting asset value, maximizing amounts to heirs, minimizing costs and inconvenience, appointing capable executors, and naming guardians for minor beneficiaries.
Estate planning benefits everyone, not just the rich, by allowing people to maintain control over their property if they become incapacitated or die. An estate plan such as a living trust or will outlines wishes to avoid disputes and probate court. Without a plan, a court determines how assets are distributed, which may not be the person's wishes. A revocable living trust avoids probate by naming a trustee to manage assets, and is flexible to change over time. Lifetime gifting and estate tax considerations are important parts of a comprehensive estate plan.
Probate vs Non-Probate Assets What’s the Difference.pdfCleaSmith1
Probate is a legal process that involves the administration of an estate after the death of an individual. It involves the distribution of assets to the beneficiaries named in a will or determined by state law.
This document provides an overview of living trusts, including:
- Living trusts allow beneficiaries and trustees to avoid probate and distribute assets privately after death. They define heirs, trustees, and terms of distribution.
- Revocable living trusts can be changed during the settlor's lifetime, while irrevocable trusts cannot. There are also several sub-types of living trusts.
- Creating a living trust requires defining distribution of assets after death. They provide legal protection for passing ownership of assets.
- Taxation of living trusts depends on whether assets are held or distributed before or after the primary trustee's death. Proper planning is required to minimize taxes.
- A Will should be reviewed every 2 years or when major life events occur like marriage, divorce, birth of children. It ensures assets go to intended beneficiaries and avoids unintended consequences like higher taxes.
- South African law provides broad freedom of testation but children must be maintained and spouses can claim maintenance.
- To be valid, a Will must be signed and dated in front of two witnesses over age 14 who do not benefit from the Will.
- Trusts are an agreement, not a legal entity, and can help reduce death duties and preserve wealth across generations while protecting assets from creditors. Inter vivos trusts allow more control than testamentary trusts but come with costs and tax implications.
The document provides a quote from Ambrose Bierce stating that death is not the end, as there often remains litigation over the estate. This suggests that even after death, disputes can arise regarding the distribution of one's assets and estate.
An estate planning attorney in Alabama outlines the key differences between wills and trusts. Wills only control property that passes through probate, while trusts can control both probate and non-probate property if properly funded. While wills require court supervision during probate, trusts avoid this process but require more documentation and funding to remain effective over time. The attorney discusses various types of trusts used for disability and Medicaid planning. Overall, wills have lower upfront costs but take longer to administer an estate, while trusts are more complex but allow estates to pass privately without probate.
The document provides an overview of trusts, including:
1) A trust is a legal arrangement where a trustee holds and manages assets for the benefit of beneficiaries according to the trust terms. It involves a settlor, trustee, beneficiary, and sometimes protector.
2) Trusts are created by transferring assets to a trustee during life or at death. They must have a definite beneficiary, trustee duties, and the trustee and sole beneficiary cannot be the same person.
3) Trustees must administer trusts prudently, solely in the beneficiaries' interests, and avoid conflicts of interest. Common trust types include spendthrift, QTIP, bypass, and crummy trusts used for gifting.
What Every Realtor Needs to Know about Estate Planning & Probate and Selling ...Paul Saba
This document provides an overview of the legal services offered by Stagnaro, Saba & Patterson, Co. L.P.A., a full service law firm. It discusses their practice areas, which include wills, trusts, estate planning, real estate, corporate law, and various types of litigation. It also provides brief summaries of probate processes, estate planning tools like powers of attorney and trusts, and estate and gift tax laws. Key details include how probate works, ways to avoid probate, an overview of intestacy laws, and the use of trusts and other strategies for asset protection and tax planning.
This document summarizes an estate planning seminar that discusses the basic reasons for estate planning including planning for incapacity, avoiding probate, proper disposition of estate assets, estate tax planning, and creditor protection. It outlines various estate planning tools like powers of attorney, trusts, wills, and beneficiary designations that can help achieve these goals. Specific planning strategies are discussed for different asset classes like retirement accounts, real estate, businesses, and life insurance. Estate and gift tax planning techniques including utilizing exemptions and the marital deduction are also covered. Examples are provided showing how estate planning can reduce costs, taxes, and complexity when distributing assets after death.
This document discusses estate planning issues related to women managing farms, including estate planning objectives, forms of asset ownership to avoid probate, options for avoiding probate like trusts and beneficiary designations, types of wills and trusts, distribution considerations for farming and non-farming beneficiaries, buy-sell agreements, using life insurance in planning, and federal estate tax issues. Key points covered include minimizing costs like taxes and probate fees, ensuring assets pass as intended, and providing for minor children through tools like trusts.
The document discusses the benefits of establishing a living trust. It states that a living trust can protect and preserve one's assets while alive, allow for medical and financial decisions if incapacitated, and reduce costs and time for heirs to receive assets by avoiding probate. It notes that probate is a public court process that on average costs 10% of the gross estate, takes 6 months to 2 years, and causes stress for executors and heirs. In contrast, a living trust privately transfers assets outside of probate at low or no cost, quickly within 1-3 days, and brings peace of mind.
A Beginner's Guide to Wills: Florida Guide to making a Will by University of ...Wolf Elder Law
Florida Guide to making a Will by University of Florida Extension: A Beginner's Guide to Wills by Brian Lacefiled and P.J. van Blokland
This is the first in a brief three-document series
on estate planning. Each is simple and intended only
to provide an outline to someone who knows little
about the subject. The other two documents are (1)
trusts and (2) living wills and power of attorney.
Although many people think that they do not have
enough assets to need a will—which presumably
explains why 70% of Americans do not have a will
(Nolo.com, 2000)—everyone should have a will.
Most individuals have more than they realize,
considering that an estate includes real and personal
property. Real property is land and permanent
improvements. Personal property includes everything
else (e.g., stocks, bonds, mutual funds, cash, cars,
furniture, art, jewelry, life insurance and retirement
plans). The will is undoubtedly the most basic and
perhaps the most important estate planning document.
This document provides an overview and agenda for an estate planning seminar in Tennessee that discusses recent changes to Tennessee's tax laws that make it more favorable for trusts and estate planning. Topics covered include the current federal and Tennessee estate, inheritance, and gift tax structures; portability of the federal estate tax exemption between spouses; income tax planning considerations; probate avoidance techniques using revocable trusts; and various types of trusts for creditor protection planning.
Rubik's Cube of Estate Planning Ideas for Estates under $10MMDominic Pepper
Some of the newest ideas for estate planning for families with assets below the Federal Exemption. Set to adjust for inflation, the current exemption is $5.34MM for an individual and $10.68MM for a married couple.
Learn about J.E.S.T., Gap QTIP, Gains tax planning etc.
Planning for Long-Term Care - A consumer's guideLTCI Partners
Long-term care is expensive and most people are unprepared for these costs. The document discusses how 70% of Americans over 65 will need long-term care services, with costs projected to be over $1.9 million for five years of care 30 years from now. It outlines the types of long-term care services, who pays (mostly out-of-pocket despite misconceptions about Medicare and Medicaid coverage), and encourages planning now through insurance or other means to protect assets from these substantial costs.
Estate planning consists of creating important legal documents like a will, medical power of attorney, and living will to provide for incapacity or death. It is important to have these documents to avoid problems like taxes, loss of assets, and family tension. Long-term care planning is also important as over 70% of people over 65 will need long-term care services at some point. The costs of care continue to rise significantly each year, so planning early can help preserve assets and maintain independence.
The Family Law Act means changes for estate planners, including:
1) Common-law spouses now have rights to divide family property and assets upon separation. 2) The definition of "spouse" now includes unmarried couples who have lived together for 2 years or have a child together. 3) Guardians now have the ability to appoint successor guardians or "standby" guardians, and can receive small amounts of property for children without court approval.
This document provides an overview of chapter 17 exhibits related to federal estate, gift, and generation-skipping transfer taxes. It lists 27 exhibits that cover topics such as the formula for computing estate tax liability, definitions of key terms, different forms of property ownership like tenancy by the entirety and joint tenancy, life insurance proceeds, annuities, gifts, deductions from the gross estate, and generation-skipping transfers. The exhibits provide examples and explanations of these various concepts.
Provisions for Victim Assistance:Restitution : Ex-Gratia Grant;Compensation...singhajay92
The document discusses provisions for victim assistance in the form of restitution and compensation. It defines restitution as restoring losses through means such as ex-gratia grants provided by the offender, government, or third parties. Compensation aims to lessen the immediate costs of victimization and is recognized internationally as a victim's right. Both restitution and compensation can provide funds, medical aid, and other assistance to help victims recover from crimes and abuse of power. The document examines examples of restitution and compensation schemes from India and other countries.
This document summarizes a Tax Court case regarding a petitioner seeking relief from joint tax liability. The petitioner and intervenor filed a joint tax return for 2004 that omitted certain income items, resulting in tax deficiencies. While the petitioner was aware of the omitted items, she sought relief under Internal Revenue Code sections 6015(b), (c), and (f). The court denied relief under subsections (b) and (c) due to petitioner's knowledge of the omitted items. The court also denied relief under subsection (f) because petitioner's knowledge of the omitted items weighed heavily against relief, and she failed to establish that she did not benefit from the omitted income or would suffer economic hardship from paying the tax liability.
1) Estate planning involves determining how to distribute one's assets after death through various legal means like a will, gifts during life, or intestacy laws.
2) Developing a sound estate plan involves ascertaining one's assets, determining how to distribute them among beneficiaries, and choosing appropriate legal methods like wills or trusts.
3) Strategies for effective estate planning include protecting asset value, maximizing amounts to heirs, minimizing costs and inconvenience, appointing capable executors, and naming guardians for minor beneficiaries.
Estate planning benefits everyone, not just the rich, by allowing people to maintain control over their property if they become incapacitated or die. An estate plan such as a living trust or will outlines wishes to avoid disputes and probate court. Without a plan, a court determines how assets are distributed, which may not be the person's wishes. A revocable living trust avoids probate by naming a trustee to manage assets, and is flexible to change over time. Lifetime gifting and estate tax considerations are important parts of a comprehensive estate plan.
Probate vs Non-Probate Assets What’s the Difference.pdfCleaSmith1
Probate is a legal process that involves the administration of an estate after the death of an individual. It involves the distribution of assets to the beneficiaries named in a will or determined by state law.
This document provides an overview of living trusts, including:
- Living trusts allow beneficiaries and trustees to avoid probate and distribute assets privately after death. They define heirs, trustees, and terms of distribution.
- Revocable living trusts can be changed during the settlor's lifetime, while irrevocable trusts cannot. There are also several sub-types of living trusts.
- Creating a living trust requires defining distribution of assets after death. They provide legal protection for passing ownership of assets.
- Taxation of living trusts depends on whether assets are held or distributed before or after the primary trustee's death. Proper planning is required to minimize taxes.
- A Will should be reviewed every 2 years or when major life events occur like marriage, divorce, birth of children. It ensures assets go to intended beneficiaries and avoids unintended consequences like higher taxes.
- South African law provides broad freedom of testation but children must be maintained and spouses can claim maintenance.
- To be valid, a Will must be signed and dated in front of two witnesses over age 14 who do not benefit from the Will.
- Trusts are an agreement, not a legal entity, and can help reduce death duties and preserve wealth across generations while protecting assets from creditors. Inter vivos trusts allow more control than testamentary trusts but come with costs and tax implications.
The document provides a quote from Ambrose Bierce stating that death is not the end, as there often remains litigation over the estate. This suggests that even after death, disputes can arise regarding the distribution of one's assets and estate.
An estate planning attorney in Alabama outlines the key differences between wills and trusts. Wills only control property that passes through probate, while trusts can control both probate and non-probate property if properly funded. While wills require court supervision during probate, trusts avoid this process but require more documentation and funding to remain effective over time. The attorney discusses various types of trusts used for disability and Medicaid planning. Overall, wills have lower upfront costs but take longer to administer an estate, while trusts are more complex but allow estates to pass privately without probate.
The document provides an overview of trusts, including:
1) A trust is a legal arrangement where a trustee holds and manages assets for the benefit of beneficiaries according to the trust terms. It involves a settlor, trustee, beneficiary, and sometimes protector.
2) Trusts are created by transferring assets to a trustee during life or at death. They must have a definite beneficiary, trustee duties, and the trustee and sole beneficiary cannot be the same person.
3) Trustees must administer trusts prudently, solely in the beneficiaries' interests, and avoid conflicts of interest. Common trust types include spendthrift, QTIP, bypass, and crummy trusts used for gifting.
What Every Realtor Needs to Know about Estate Planning & Probate and Selling ...Paul Saba
This document provides an overview of the legal services offered by Stagnaro, Saba & Patterson, Co. L.P.A., a full service law firm. It discusses their practice areas, which include wills, trusts, estate planning, real estate, corporate law, and various types of litigation. It also provides brief summaries of probate processes, estate planning tools like powers of attorney and trusts, and estate and gift tax laws. Key details include how probate works, ways to avoid probate, an overview of intestacy laws, and the use of trusts and other strategies for asset protection and tax planning.
This document summarizes an estate planning seminar that discusses the basic reasons for estate planning including planning for incapacity, avoiding probate, proper disposition of estate assets, estate tax planning, and creditor protection. It outlines various estate planning tools like powers of attorney, trusts, wills, and beneficiary designations that can help achieve these goals. Specific planning strategies are discussed for different asset classes like retirement accounts, real estate, businesses, and life insurance. Estate and gift tax planning techniques including utilizing exemptions and the marital deduction are also covered. Examples are provided showing how estate planning can reduce costs, taxes, and complexity when distributing assets after death.
This document discusses estate planning issues related to women managing farms, including estate planning objectives, forms of asset ownership to avoid probate, options for avoiding probate like trusts and beneficiary designations, types of wills and trusts, distribution considerations for farming and non-farming beneficiaries, buy-sell agreements, using life insurance in planning, and federal estate tax issues. Key points covered include minimizing costs like taxes and probate fees, ensuring assets pass as intended, and providing for minor children through tools like trusts.
The document discusses the benefits of establishing a living trust. It states that a living trust can protect and preserve one's assets while alive, allow for medical and financial decisions if incapacitated, and reduce costs and time for heirs to receive assets by avoiding probate. It notes that probate is a public court process that on average costs 10% of the gross estate, takes 6 months to 2 years, and causes stress for executors and heirs. In contrast, a living trust privately transfers assets outside of probate at low or no cost, quickly within 1-3 days, and brings peace of mind.
Estate planning involves transferring assets upon death in ways that provide for family and minimize taxes. The document discusses various estate planning tools like wills, trusts, and beneficiary designations that allow assets to pass outside of probate. It also covers important concepts like probate, taxes, updating plans, and choosing trustees and beneficiaries. Estate planning ensures one's wishes are followed and assets are distributed efficiently upon death.
Why Would I Want a Revocable Living Trust in Connecticut?Barry D Horowitz
You don't lose control of the assets in the trust while you are living, but after you die, the resources are distributed among the beneficiaries outside of the probate process. Learn more about revocable living trust in Connecticut in this presentation.
This document discusses common pitfalls in estate planning, wills, trusts, and estate administration. It notes that estate planning aims to arrange one's assets and affairs to provide maximum benefit during life and after death. When drafting wills and trusts, simplicity, liquidity, good governance, and flexibility are important. A will is crucial but must be properly drafted; if not, it can damage families and fortunes. Dying without a will leads to unintended consequences. Trusts can help preserve wealth and reduce taxes, but trust deeds are often poorly drafted. Improper management of trusts can also cause problems. Estate administration faces issues like disputed claims, insolvency, liquidity problems, and difficulties with various entities and institutions.
Fanwood-Scotch Plains YMCA Estate and Disability Planning Presented by Donald D. Vanarelli, Esq., Certified Elder Law Attorney, Accredited Veterans Attorney, Founding Member, Association of Special Needs Planners . See also: http://vanarellilaw.com/legal-services/
"How to transfer your wealth to the next generation through estate planning" took place on April, 8th at the Tower Club, Vienna, VA. Our special guests were Mr. Milton Buffington and Mr. Saeid B. Amini, two well known experts that shared, for two hours, their experience on identifying legal issues and mechanisms that businesses and individuals can use to transfer their wealth and assets more efficiently, to the next generation.
This was a complimentary seminar hosted by Saeid B. Amini and Milton Buffington through the courtesy of Provanedge Financial and Richard B. Osmann, Ed.D.
This document discusses estate planning and the benefits of establishing an estate plan. It notes that an estate plan allows one to preserve and transfer assets to loved ones in the way they wish after death. It also avoids unnecessary taxes, expenses, and delays related to estate administration. The document then lists the typical documents included in an estate plan, such as a living trust, will, powers of attorney, healthcare directives, and deeds. It stresses the importance of establishing a plan now rather than delaying, as unexpected death could negatively impact one's estate and loved ones. Finally, it provides an example of how much money could be saved in probate fees by having a living trust rather than relying solely on a will.
Depending on the exact estate in question various different types of legal devices could be utilized. In this presentation we are going to look at the core components of a basic estate plan.
Similar to Complete Estate Plans for Non-Taxable Estates (20)
1. JohnP.Tamboer PLC
Law Offices Of
JT
Complete
Estate
PlansComplete Estate Plans
for Non-Taxable Estates
Primary Estate Plan Probate Avoidance Plan Living Trust Plan
3. 1
e
Defining the
Non-Taxable Estate
For purposes of estate planning, an estate consists of
all of the property that a person is expected to have
available upon death for distribution to his or her heirs
and beneficiaries. An estate may include many different
types of property, including life insurance, retirement
accounts, or even assets that may be inherited from
another person at a future date.
Estate tax laws and regulations are among the most
complex in the U.S. tax code. However, individuals
whose combined assets upon death do not exceed
$5,000,000 (or $10,000,000 for a married couple)
should not pay federal estate tax under current law. The
threshold for federal estate tax exemption is adjusted for
inflation, so the amount of property that is not subject to
tax will increase annually. The state of Michigan does
not impose a separate estate or inheritance tax on its
residents.
More than 99% of Michigan residents will not pay estate
tax because their combined assets will be less than the
threshold amount at which the tax applies.
Real
Estate
Personal
Property
Financial
Accounts
Business
Life
Insurance
Future
Inheritance
Non-Taxable
Estate
< $5m Per Person
es·tate
/i’stāt/
An Estate Includes
All Types of Assets
• A “Non-Taxable Estate” is Less
Than $5,000,000 Per Person
for Federal Estate Tax
• Michigan Does Not Have a
State Inheritance Tax
• The Federal Estate Tax
Exemption is Adjusted for
Inflation
4. 2
Methods of Estate Distribution
Assets may only be distributed from an estate by one of three
methods: probate, document of ownership, or trust. Because
the methods of asset distribution are so limited, it is often
easier to understand estate planning from this viewpoint. In
short, no matter what estate planning strategy you employ,
it must be based on one of these specific methods of asset
distribution:
1. Probate is a legal process by which assets may
be distributed under the authority of a “personal
representative” appointed by a probate court. Not all assets must go through probate when a person
dies. Rather, only those items of property which have no beneficiary (or joint-owner) specified in the
document of ownership, must be probated.
2. Document of Ownership refers to those items of property that have a specific beneficiary designated
by the owner in his or her instrument of title. For example, a life insurance policy, or bank account, may
have a transfer-on-death beneficiary associated with it. Virtually any asset may be designated to a
specific beneficiary in the document of ownership. These types of assets are not handled in probate.
3. A Living Trust is an arrangement in which certain items of property are transferred to a trustee of a
trust. The trustee must distribute or manage those specific assets in accordance with the written terms
of the trust. A trust can be simple or complex, but the trustee always controls the distribution of assets
that are owned by the trust. Probate is not required for a trust.
Assets without
a Designated
Beneficiary in the
Document of Ownership
Transferred by
Probate
Transferred by
Document of Ownership
Transferred by
Living Trust
Assets with
a Designated
Beneficiary in the
Document of Ownership
Assets
Designated to a
Trust in the
Document of Ownership
Estate
There Are Three Methods to
Transfer Assets from an Estate
• Probate
• Document of Ownership
• Living Trust
5. 3
Complete Estate Plans
Our Complete Estate Plans are designed to coordinate
a person’s assets with a method of estate distribution
for the benefit of his or her beneficiaries. We offer
three types of Complete Estate Plans, and each may
be used to achieve specific planning objectives —
1. A Primary Estate Plan relies upon a last will and
testament to provide instructions for a personal
representative to distribute assets through the
probate process. This is the lowest cost estate plan,
and is often used to manage and distribute property
for the benefit of minor children.
2. A Probate Avoidance Plan involves arranging all
of a person’s assets to be distributed directly to
specific beneficiaries identified in the document
of ownership for each item of property. This type
of plan may be used when probate avoidance is
desired, provided that post-death management
of property is not required as part of the estate
planning objective.
3. A Living Trust Plan is used to transfer assets
owned by a trust to the beneficiaries identified
in the trust. A Living Trust Plan may be used to
achieve post-death management of property
and probate avoidance.
com·plete
/k m´plēt/
A Complete Estate Plan
Coordinates a Method of Asset
Transfer with Documents to
Achieve a Desired Objective
We Offer Three Types of
Complete Estate Plans
e
Assets
Transferred by
Probate
Beneficiaries
Named in Last
Will &
Testament
+
Primary Estate Plan
Assets
Transferred by
Document of
Ownership
Beneficiaries
Named in
Document of
Ownership
+
Probate Avoidance Plan
Assets
Transferred by
Living Trust
Beneficiaries
Named in
Living Trust
+
Living Trust Plan
6. 4
Elements of a Complete Estate Plan
Our Complete Estate Plans include a customized set of documents and services required to prepare for
incapacity and post-death distribution of property. Every estate plan must start with a consultation to determine
the appropriate plan to achieve each client’s objectives. Instructions and follow-up consultations are included
to ensure that the plan is fully implemented.
• Consultation
• Last Will & Testament
• Trust for Minor Children
• Power of Attorney
• Health Care Directive
• Parental Appointment
of Guardian for Children
• Instructions to Fund
Children’s Trust
• Consultation to Review
and Execute Documents
• Binder of original
documents and flash
drive for digital copies
Primary
Estate
Plan
• Consultation
• Last Will & Testament
• Power of Attorney
• Health Care Directive
• Warranty Deed to
Transfer Residence
Without Probate
• Filing of Deed and
Property Transfer Affidavit
• Transfer-on-Death
Registration Account for
Closely Held Business
• Complete Guide to Avoid
Probate in Michigan
• Consultation to Review
and Execute Documents
• Binder of original
documents and flash
drive for digital copies
Probate
Avoidance
Plan
• Consultation
• Revocable Living Trust
• Last Will & Testament
• Power of Attorney
• Health Care Directive
• Parental Appointment of
Guardian for Children
• Assignment of Personal
Property to Trust
• Deed to Transfer
Residence to Trust
• Transfer-on-Death
Security Registration
Account for Closely
Held Business
• Certificate of Trust
• Authorization to Disclose
Medical Information
• Instructions to Fund Trust
• Consultation to Review
and Execute Documents
• Binder of original
documents and flash
drive for digital copies
Living
Trust
Plan
Complete Estate Plans Include All Documents and Services to
Prepare For Incapacity and Post-Death Distribution of Assets
7. 5
Primary Estate Plan Probate Avoidance Plan Living Trust Plan
What Assets Are Covered By The Plan?
Assets Without a
Designated Beneficiary
In the Document of Ownership
Assets With a Designated
Beneficiary in the Document
of Ownership
Assets Designated to Trustee of
Living Trust in the Document
of Ownership
What Are The Objectives Of The Plan?
Lowest Cost Estate
Plan; Protection of
Minor Children
Probate Avoidance; Direct
Distribution of Assets to
Beneficiaries
Probate Avoidance;
Management of Assets
by Trustee
How Are Assets Distributed Upon Death?
Probate of Last Will
and Testament
Beneficiary Designation in
the Document of Ownership
Administration of Living Trust
Who Manages The Estate?
Personal Representative
Appointed by Probate Court
No Formal Management
of Estate Assets
Trustee Appointed
in Living Trust
Who Receives The Property?
Beneficiaries Designated
in Last Will and Testament
Beneficiaries Designated in the
Document of Ownership
Beneficiaries Designated
in Living Trust
Summary of Complete Estate Plans