basic estate planning

18
Estate Planning Basic Estate Planning Workshop

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Some good basic information

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Page 1: Basic Estate Planning

Estate Planning

Basic Estate Planning Workshop

Page 2: Basic Estate Planning

What Is An Estate?

Page 3: Basic Estate Planning

Why Do Estate Planning?

After Death Control Who Receives Assets Pay Minimum Legal Fees, Taxes

At Incapacity Control Assets, Medical Decisions

Page 4: Basic Estate Planning

A.D.D.

Alive Disabled Deceased

Page 5: Basic Estate Planning

Common Estate Plans

Will Doing Nothing Joint Ownership Giving Away Assets Beneficiary Transfers Revocable Living Trust

Page 6: Basic Estate Planning

Probate

Assets Titled in Just Your Name Go Through Probate

PROBATE

ProbateFees Taxes

Beneficiaries

Page 7: Basic Estate Planning

Giving Away Assets

You Lose Control

Page 8: Basic Estate Planning

Stepped-Up Basis

Lifetime Gifts(Your Basis)

Selling Price $150,000Basis - 10,000Gain $140,000Capital Gains Tax $ 28,000

Page 9: Basic Estate Planning

Stepped-Up Basis

Lifetime Gifts Transfers At Death

(Your Basis)(New, Stepped-Up Basis)

Selling Price $150,000 $150,000Basis - 10,000 -150,000Gain $140,000 $ 0Capital Gains Tax $ 28,000 $ 0

Page 10: Basic Estate Planning

Beneficiary Transfers

Court Interference if Beneficiary: Incapacitated Dies First or at Same Time “My Estate” Minor

Page 11: Basic Estate Planning

Keeping Control with a Revocable Living Trust

Page 12: Basic Estate Planning

Expenses That Reduce Your Estate

ProbateEstateTaxes

IncomeTaxes

Page 13: Basic Estate Planning

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repealed 2011 to 2013 $5,000,000

Page 14: Basic Estate Planning

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

Page 15: Basic Estate Planning

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

Page 16: Basic Estate Planning

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!

Page 17: Basic Estate Planning

Thanks for Attending

Page 18: Basic Estate Planning

Estate Planning

Presented by

Arthur J. Pauly, Jr. J.D. Esq.

916-207-7526

www.paulylaw.com

[email protected]