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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
Complete
Estate
PlansComplete Estate Plans for Non-Taxable Estates
This booklet outlines the three methods by which assets may be
distributed from an estate, and the three corresponding estate
planning strategies that may be used by individuals and married
couples with assets less than the federal estate tax exemption amount
($5,000,000 for individuals or $10,000,000 for a married couple). Our
Complete Estate Plans consist of several documents and services
that will enable the client to prepare for incapacity, and post-death
distribution of assets to his or her desired beneficiaries.
1	 Defining the Non-Taxable Estate
2	 Methods of Estate Distribution Upon Death
3	 Complete Estate Plans
4	 Elements of a Complete Estate Plan
5	 Summary of Complete Estate Plans
John Tamboer is a member of the Michigan State Bar. He concentrates his practice
in the areas of estate planning, business, and estate administration. Please visit
www.michiganestateplan.com for more information.
This publication is not a substitute for legal advice. Please do not proceed with any estate planning
strategy outlined in this booklet without consulting a qualified attorney.
© Law Offices of John P. Tamboer. All rights reserved. This publication may not be reprinted without
permission.
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
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
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
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
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
www.michiganestateplan.com
(866) 230-4200
JohnP.Tamboer PLC
Law Offices Of
JT

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Complete Estate Plans for Non-Taxable Estates

  • 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
  • 2. Complete Estate PlansComplete Estate Plans for Non-Taxable Estates This booklet outlines the three methods by which assets may be distributed from an estate, and the three corresponding estate planning strategies that may be used by individuals and married couples with assets less than the federal estate tax exemption amount ($5,000,000 for individuals or $10,000,000 for a married couple). Our Complete Estate Plans consist of several documents and services that will enable the client to prepare for incapacity, and post-death distribution of assets to his or her desired beneficiaries. 1 Defining the Non-Taxable Estate 2 Methods of Estate Distribution Upon Death 3 Complete Estate Plans 4 Elements of a Complete Estate Plan 5 Summary of Complete Estate Plans John Tamboer is a member of the Michigan State Bar. He concentrates his practice in the areas of estate planning, business, and estate administration. Please visit www.michiganestateplan.com for more information. This publication is not a substitute for legal advice. Please do not proceed with any estate planning strategy outlined in this booklet without consulting a qualified attorney. © Law Offices of John P. Tamboer. All rights reserved. This publication may not be reprinted without permission.
  • 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