Chapter 6 - Full Chapter 1

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2/24/24, 1:31 PM Overview of Estate Planning Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289638-dt-content-rid-67179008_1/courses/00cwr_metof106_o1/course/EP01_overvwEstatePlanni… 1/47 Overview of Estate Planning Compilation The following are all pages from this module linked as a single file suitable for printing or saving as a PDF for offline viewing. Please note that this compilation will not include popup pages. Animations, buttons, links, or images may not work.
2/24/24, 1:31 PM Overview of Estate Planning Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289638-dt-content-rid-67179008_1/courses/00cwr_metof106_o1/course/EP01_overvwEstatePlanni… 2/47 Overview of Estate Planning Any property in which you have ownership or an interest constitutes your estate. Financial planning deals with the accumulation of wealth and preservation of your estate. Estate planning provides for personal protection and financial security for an individual and his or her family by providing for the care and support of surviving family members and others, planning for incapacity, and ensuring that estate assets are properly distributed upon death. However, all of this planning and saving may accomplish little if the estate is subject to significant legal costs, administrative expenses, and taxes, or is transferred to the wrong individuals. Knowledge of estate planning laws, estate planning techniques, and tax reduction strategies is critically important for financial planners who wish to assist their clients with their estate planning needs. To ensure that you have a solid understanding of the importance of estate planning and the steps involved in the estate planning process, the following lessons will be covered in this module: Introduction to Estate Planning Fiduciaries Overview of Trusts Overview of Transfer Tax Lesson Objectives The Overview of Estate Planning module will give you a broad overview of the concepts, terminology, process, techniques, and tools of estate planning. Upon completion of this module you should be able to: Explain the importance of estate planning Recognize how the process of estate planning is similar to the financial planning process Identify fiduciaries and their responsibilities Understand the basic elements of trusts, and Explain the transfer tax system and common goals for minimizing gift and estate taxes.
2/24/24, 1:31 PM Overview of Estate Planning Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289638-dt-content-rid-67179008_1/courses/00cwr_metof106_o1/course/EP01_overvwEstatePlanni… 3/47 Introduction to Estate Planning Estate planning is a process which utilizes financial and legal tools, strategies and techniques to accomplish specific goals and common estate planning objectives that many people may have. For example, most people want their property interests passed to rightful beneficiaries at their deaths. They want to care for and provide financial support for themselves during their lifetime and their family in the event of incapacity and death. They may want to minimize transfer taxes and plan for the continuity of income, preserve their assets and protect them from creditors, and manage their assets through trusts in a tax-efficient manner. They may also wish to fulfill charitable objectives and plan for the disposition of their business at retirement, disability or death. All of these different estate planning objectives can be accomplished by an estate planning team which includes financial planners. A financial planner must coordinate his or her efforts with attorneys, trust officers, accountants, life insurance agents, and other advisors to help clients accomplish their financial and personal goals. To ensure that you have a solid introduction to estate planning, the following topics will be covered in this lesson: Reasons to Plan an Estate Reluctance to Plan an Estate Lifetime Planning Estate Planning Process Estate Planning Team Selecting an Attorney Estate Planning Documents Upon completion of this lesson, you should be able to: Describe the benefits of estate planning Understand the factors that contribute to a client's reluctance to plan his estate Associate estate planning with various stages of financial life cycle planning Identify common considerations that determine the selection of estate planning strategies, and Explain the role of the financial planners, attorneys, and other advisors in the estate planning process
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2/24/24, 1:31 PM Overview of Estate Planning Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289638-dt-content-rid-67179008_1/courses/00cwr_metof106_o1/course/EP01_overvwEstatePlanni… 4/47 Reasons to Plan an Estate An estate is defined as the rights, titles, or interests that a person, living or deceased, has in property. The manner in which assets are owned determines how they will pass at death and to whom they will pass. Without proper planning, property could pass to the wrong person in the wrong manner. If someone dies without a will (intestate) the property will pass according to the state laws. A simple will is often executed to pass solely owned property to others, and this instrument, along with documents for incapacity planning purposes, may be all the legal documents that someone with a simple estate may need. However there are many different reasons to plan an estate, and people who own substantial assets may need more comprehensive planning. The following are some reasons why an individual should have an estate plan: To designate the person(s) who will manage affairs and assets in case of a legal incapacity or death To provide financial security and protection to family members. To control the passing of property interests to desired heirs. An estate plan can transfer particular assets to named beneficiaries, bequeath general legacies or sums of money to beneficiaries, and determine how and when the heirs may use the assets bequeathed to them. To provide a stream of income to the surviving spouse and minor children during the probate process. If an estate is properly planned, in most cases will contests and other intra-family disputes can be avoided. Trusts, guardianships, and conservatorships, all part of estate planning, can ensure that provisions have been made for minor children. Additionally, proper estate planning can ensure that family assets are preserved and managed for the benefit of the children and their needs, and for other heirs as well. To provide income in the event of a disability, or in other emergency situations. For example, a stream of income for the lifetime of the surviving spouse; provide for the payment of medical expenses or other debts; and provide for the benefit and welfare of any minor children or other family members. Estate planning can minimize the time and expenses associated with the probate process and reduce or even eliminate probate expenses through the proper titling of assets or trusts. Wealthier individuals may have additional tax and nontax reasons to obtain an estate plan: Proper estate planning can minimize, or in some cases eliminate, taxes such as income, estate, gift and generation skipping transfer taxes. By doing so, the client will be leaving a greater amount of property to their family members or other heirs.
2/24/24, 1:31 PM Overview of Estate Planning Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289638-dt-content-rid-67179008_1/courses/00cwr_metof106_o1/course/EP01_overvwEstatePlanni… 5/47 If the client owns a business, proper estate planning can lay the foundation for a business succession plan or the sale of the company. Proper estate planning is necessary to guarantee that the person's estate is liquid to pay for post- mortem costs such as debts, estate administration fees and taxes. If the estate has insufficient liquidity, major illiquid assets such as real estate or assets that have sentimental value for family members may have to be sold to satisfy creditors, pay estate taxes, and pay for other administrative expenses. To achieve charitable objectives through tax-efficient measures To provide for professional management of property interests and investments through trusts To shift income to family members in a lower tax bracket Although people may share common estate planning goals, each person has distinctive financial, tax and personal circumstances that require a customized estate plan. Estate plans need to be designed with built in flexibility to accommodate changes if future circumstances, laws, and estate planning objectives change. There are many personal factors can affect an existing estate plan such as: Health Death or birth/adoption of family members Remarriage or divorce Financial factors that may impact an estate plan include: Acquisitions or loss of property Changes in property values Taxes Investment performance Inheritances Change in tax law Estate plans need to be reviewed every year or when personal or financial circumstances change to ensure that personal estate planning objectives continue to be met.
2/24/24, 1:31 PM Overview of Estate Planning Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289638-dt-content-rid-67179008_1/courses/00cwr_metof106_o1/course/EP01_overvwEstatePlanni… 6/47 Reluctance to Plan an Estate There are several reasons why people may not have estate plans or may decide to delay engaging in the estate planning process. These reasons include: The need to accept mortality or the possibility of becoming incapacitated. The inevitability of death is something that people have not psychologically come to terms with. People assume that someone else will handle the distribution of their property after their death. Many people are aware of the potential for family problems resulting from their planning. For example, hurt feelings, will contests, family arguments over particular assets, and delays and disputes over estate distribution, executor's commissions and probate-related fees all have a detrimental effect on the planning of an estate. Many people are so involved with their families and business affairs that they do not give much thought to what will happen when they die. They may be aware of the need for estate planning, but they will "deal with it later". The process of estate planning requires a significant time commitment to implement. For example, you will need to decide upon the best people to fill fiduciary roles, the ultimate distribution of your property interests, how to plan for incapacity and end of life care, and which tools and planning techniques you should implement to minimize transfer taxes and accomplish estate planning goals. Time is also needed to meet with attorneys and other members of the estate planning team, and to implement the action items outlined in the final plan. There is an expense involved in visiting with an attorney and having documents drafted. For example, there are legal fees associated with the creation of trust documents, power of attorney documents, the will, and other legal documents. Many people are geographically mobile. Because of their frequent relocations, they do not think much about planning their estates. A person who lives in three or four states in a ten-year period may not have a concept of permanence. Since state laws may affect estate planning outcomes, people who move frequently may decide not to engage in planning until they move to a permanent location. Estate planning is a process that needs to be monitored and reviewed for changes in family circumstances and as tax laws change. These periodic reviews will require additional time and legal expenses which are needed to keep the estate plan current. The fear that they will be giving up control of their assets.
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2/24/24, 1:31 PM Overview of Estate Planning Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289638-dt-content-rid-67179008_1/courses/00cwr_metof106_o1/course/EP01_overvwEstatePlanni… 7/47 Lifetime Planning Estate planning is something that can take place as early as the wealth accumulation years of the financial planning life cycle. In this climate of financial uncertainty, the need to protect families and their assets has become more important for all clients. The following are some of the estate planning decisions that a person may encounter at various life cycle stages: 1. Wealth accumulation phase – This is also a family and wealth protection stage. If a client has a minor child, consideration should be given to who will become the guardian of this child in the event that one or both parents should die. This can only be done within the provisions of a will. Not only should the client consider who will become the guardian, but also who will manage the financial assets for the benefit of the minor children. Additionally, every client within the accumulation phase of their estate planning should execute powers of attorney over assets and health care matters. Insurance protection is also needed to minimize risks to property interests and to protect or supplement income and accumulated assets in the event of disability or premature death. Property interests need to be titled properly and beneficiary and contingent beneficiary designations need to be in place for bank accounts, investment accounts, pension plans, IRAs, life insurance policies and other contracts, to ensure these assets will pass directly to intended beneficiaries. 2. Wealth preservation phase – This is the time most clients are determining how the assets they have accumulated will provide for themselves and/or their spouses during their lifetimes. This phase typically occurs at or near retirement. Income tax and estate tax consequences of owning personal and financial assets need to be considered. Estate tax planning strategies, gifting techniques and trusts may be needed to preserve and transfer assets to others in a tax-efficient manner. Liquidity planning is also needed at this stage to pay for eventual estate administrative expenses, taxes and debts, as well as to meet a family's future financial needs. Liquidity planning is often accomplished through planning with life insurance and trusts. 3. Distribution phase – The distribution phase of the estate planning process allows the client to control the distribution of those assets in a cost-efficient and time-efficient manner. Wills, pour over wills, trusts, marital bypass planning, and buy-sell agreements, are just some of the methods used to ensure the proper distribution of assets at death.
2/24/24, 1:31 PM Overview of Estate Planning Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289638-dt-content-rid-67179008_1/courses/00cwr_metof106_o1/course/EP01_overvwEstatePlanni… 8/47 Practitioner Advice It is important to continually monitor your client's estate plan as they go through life changes and move into each new phase. Practitioners should ensure that their clients plans still align with their personal and financial goals.
2/24/24, 1:31 PM Overview of Estate Planning Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289638-dt-content-rid-67179008_1/courses/00cwr_metof106_o1/course/EP01_overvwEstatePlanni… 9/47 The Estate Planning Process An estate planning process is used to develop an estate plan for all clients, regardless of their income level, the assets they own, or their personal circumstances. An estate plan should address the client's current financial condition and their projected future financial needs. The estate planning techniques selected should be appropriate to accomplish the client's objectives. The estate plan should also be flexible enough to accommodate future revisions when changes in tax laws or personal circumstances occur. Whether or not the client realizes it, he or she already has an estate plan. Solely owned property passes through probate. If the decedent does not have a will, his property will pass to others according to his state's laws of intestacy. Financial planners must understand the client's current estate plan and identify any deficiencies. This is accomplished by following the seven steps in the financial planning process which also relate to the estate planning process. These steps are found in CFP Board's Practice Standards for the Financial Planning Profession which provides a framework for the practice of financial planning. 1. Understanding the client's personal and financial circumstances 2. Identifying and selecting goals 3. Analyzing the client's current course of action and potential alternative course(s) of action 4. Developing the financial planning recommendations 5. Presenting the financial planning recommendations 6. Implementing the financial planning recommendations 7. Monitoring progress and updating If the scope of the financial planning engagement includes estate planning, then the estate plan will be developed with attorneys and other professionals in conjunction with the client's comprehensive financial plan. The estate plan will be coordinated and integrated with the client's financial planning goals and financial planning recommendations. Step 1 : Estate planning involves learning about the client's relationships with family members, the assets and resources available to meet client goals, how the client wants property interests transferred to others during life and at death, what degree of control the client wants family members to have over inherited property interests, and what special bequests the client wants to leave family members or charitable organizations Step 2 : Once financial planning and estate planning goals have been established, financial planners must assist clients in prioritizing these objectives.
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2/24/24, 1:31 PM Overview of Estate Planning Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289638-dt-content-rid-67179008_1/courses/00cwr_metof106_o1/course/EP01_overvwEstatePlann… 10/47 Step 3 : Financial planners evaluate a client's current financial situation and identify the strengths and weaknesses of their financial position. This review can also reveal whether a client is able to meet his estate planning objectives and can identify any factors that may limit or affect the selection of certain estate planning techniques. The planner can discuss with the client the ways in which current assets will be transferred to others at death, the tax implications of these transfers, whether the assets will pass to the client's heirs as intended, and the potential costs associated with these transfers. If the current situation differs from the client's estate planning intentions, members of the client's estate planning team can determine alternative courses of action. Step 4 : The financial planner should work closely with the estate planning attorney to ensure the estate planning recommendations are coordinated with the client's overall financial plan. Step 5 : The attorney will present the estate planning recommendations to the client. Step 6 : The estate planning team and the client will determine implementation responsibilities for the plan, including time frames to accomplish the objectives. The financial planner will determine what responsibilities and services he will provide in coordination with the client's estate planning team. Step 7 : In time, changes in client circumstances, federal and state tax laws, and financial situations may impact the new estate plan. Estate plans should be reviewed periodically to determine whether revisions or modifications are needed. Practitioner Tip The financial planner should work with the client's estate planning attorney and other professionals as soon as possible to assist in developing an estate plan or developing alternatives to an existing estate plan. The estate planning team, with the attorney in the lead, will develop the estate planning recommendations and the financial planner will incorporate these planning recommendations into the client's comprehensive financial plan to meet client goals and objectives.
2/24/24, 1:31 PM Overview of Estate Planning Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289638-dt-content-rid-67179008_1/courses/00cwr_metof106_o1/course/EP01_overvwEstatePlann… 11/47 Estate Planning Team When a client engages in the estate planning process, it is important to recognize that the financial planner plays a key role as a member of the client's estate planning team. The estate planning attorney is responsible for developing an estate plan and for drafting the legal documents. Financial planners contribute to the development of the plan through their holistic knowledge of the client's goals and financial position as well as, their understanding of general estate planning techniques and strategies. Other important members of the team often include accountants, insurance agents, trust officers, and other individuals serving the client in an advisory capacity who contribute their special skills, knowledge and expertise to the development of the estate plan. Financial planners, as directed by CFP Board Standards of Conduct who are not sufficiently competent in a particular area to provide the professional services required under the financial planning engagement, must gain competence, obtain the assistance of a competent professional, limit or terminate the engagement, and/or refer the client to a competent professional. An attorney is the only professional authorized to practice law and financial planners must refer clients to attorneys and ensure they do not give clients any specific estate planning advice to avoid the unauthorized practice of law. Financial planners should work with the client to help them formulate and prioritize estate planning goals. They should also work with the client's attorney and the client to implement and monitor the estate plan once estate planning recommendations have been developed and finalized. There are many actions financial planners can take to implement, monitor or assist in updating a client's estate plan. Some examples include: Review and change improper beneficiary designations on investment accounts, life insurance policies, and retirement accounts Calculate the value of the client's estate to determine if he or she is subject to federal or state estate taxes Determine the value of the probate estate and help clients retitle assets and fund revocable trusts, if needed Review wills, trusts, deeds and insurance policies to coordinate ownership of assets with estate planning objectives These actions require that financial planners have good counseling skills to communicate to clients the importance of having a coordinated and properly executed estate plan.
2/24/24, 1:31 PM Overview of Estate Planning Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289638-dt-content-rid-67179008_1/courses/00cwr_metof106_o1/course/EP01_overvwEstatePlann… 12/47 Selecting an Attorney The duties of the attorney will depend on the client's stage in the estate planning process, whether accumulation, conservation or the distribution phase. Only the attorney can draft the appropriate estate planning documents. These range in complexity and length from a simple durable power of attorney and will to the complete restructuring of the nature of the client's estate plan. An estate planning attorney must gather data regarding the client and his or her family or other potential beneficiaries and their individual circumstances, including information regarding the client's sources of wealth, income, assets, liabilities and expenses, as well as the client's financial goals and fears. The attorney must then assemble this data and relate each of these objective facts and subjective feelings to each other, and be able to ascertain the client's current position and the extent of his or her weaknesses in the following areas: Liquidity : Will the client be able to pay for taxes and other expenses during his or her lifetime without the need for a forced sale? Will the executor be able to do the same after death? Disposition of assets : Are they going to the right person at the right time in the right manner? Adequacy of capital and income : Does the client have enough capital and income in the event of death or disability, at retirement, for specific family needs such as the care of a special needs or physically handicapped child, or for charitable bequests? Stability and maximization of value : Has the client put a floor under, and then maximized, the value of the assets he or she currently owns? For instance, the value of a business without adequate liability or fire insurance coverage has not been stabilized, and the value of a partnership without a fully funded buy-sell plan has not been maximized. Excessive transfer costs : Is the client paying too much in income taxes, or will the client's estate pay an unnecessary amount of estate or other death taxes or transfer costs? Special needs : Does the client have specific needs or desires that must be met, such as making gifts to a charity, supporting a relativewith little financial resources, or protecting a spendthrift spouse or child? These actions require that financial planners have good counseling skills to communicate to clients the importance of having a coordinated and properly executed estate plan.
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2/24/24, 1:31 PM Overview of Estate Planning Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289638-dt-content-rid-67179008_1/courses/00cwr_metof106_o1/course/EP01_overvwEstatePlann… 13/47 Practitioner Advice The attorney should always work with the client and the client's other advisors to establish priorities and agree on responsibilities. This will facilitate the successful completion and implementation of the estate plan. Web Activity There are a number of resources to help you locate attorneys who specialize in estate planning. Click here to read about the National Network of Estate Planning Attorneys( www.netplanning.com ) and how it can help you locate an estate attorney in your area. Another resource, www.estateplanninglinks.com provides links to national organizations for estate planning attorneys.
2/24/24, 1:31 PM Overview of Estate Planning Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289638-dt-content-rid-67179008_1/courses/00cwr_metof106_o1/course/EP01_overvwEstatePlann… 14/47 Estate Planning Documents The financial planner must obtain sufficient and relevant client information and documents prior to developing any financial planning recommendations. The estate planning team will review information that is gathered from the client through interviews, questionnaires, client records and financial documents. Some relevant data collected by financial planners that will be useful for developing an estate plan may include: Health status and longevity assumptions, marital status, children, family members with special needs, domicile, and other pertinent personal data Whether the client has a current estate planning documents or other necessary documents for incapacity planning purposes Where property is located, the way in which property is titled, and whether such titling conflicts with provisions for distributing property interests through the will Current assets, liabilities and net worth, and future projections of net worth from future income or inheritance The present value of assets included in the client's gross estate and probate estate The financial needs of the client and family now and into the future Types of life insurance policies owned, who the person insured is, who owns the policy, and the cash value and death benefit amounts for each The provisions of revocable or irrevocable trusts, or intra-family business arrangements Beneficiary designations for retirement, bank and investment accounts, and for insurance policies Current tax brackets, projections for retirement years, and past tax returns Income, benefits and resources available for retirement Estate planning encompasses both non-tax and tax elements of the planning process. The nontax elements include the documents which all clients need regardless of the size of their estate, such as: a will powers of attorney over assets and health care matters
2/24/24, 1:31 PM Overview of Estate Planning Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289638-dt-content-rid-67179008_1/courses/00cwr_metof106_o1/course/EP01_overvwEstatePlann… 15/47 a living will a letter of last instruction HIPAA Releases Click here to view a checklist of common estate planning nontax related legal documents. Other documents or data clients may have pertaining to their financial resources, obligations and personal situation that are pertinent to an estate planning review may include: deeds trusts statement of financial position and a summary of other assets and liabilities insurance policies (life, health, LTC, disability, homeowners) banking and investment account statements retirement plan and IRA information (Designation of Beneficiary forms) government benefits (Social Security, Medicare, Veteran's benefits) tax documents closely held business documents, and information about inheritances, windfalls and other large lump sums Practitioner Advice Financial planners should obtain documents and information from clients prior to meeting with the client's estate planning team. An accurate and thorough data gathering form can be used to obtain most of the information needed to properly plan the client's estate.
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2/24/24, 1:31 PM Overview of Estate Planning Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289638-dt-content-rid-67179008_1/courses/00cwr_metof106_o1/course/EP01_overvwEstatePlann… 16/47 Fiduciaries It is impossible to make a proper selection of any member of the estate planning team without a general understanding of what that individual should be doing and how that person interacts with others who also have important roles to fulfill. Therefore, it is important that the client gain basic information regarding the duties of the executor, trustee and estate attorney, as well as the attributes and selection criteria of each party. This lesson will establish practical guidelines in the selection process from the point of view of the person who ultimately must make those choices—the client. To ensure that you have a solid understanding of the selection of these roles, the following topics will be covered in this lesson: Examples of Fiduciaries Selecting an Executor Executor Fees Selecting a Trustee Selection Factors Upon completion of this lesson, you should be able to: Identify executor duties and the criteria for selecting an appropriate executor Specify the duties of a trustee and the selection criteria for choosing a suitable trustee Distinguish between the factors in selecting a trustee and an executor
2/24/24, 1:31 PM Overview of Estate Planning Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289638-dt-content-rid-67179008_1/courses/00cwr_metof106_o1/course/EP01_overvwEstatePlann… 17/47 Examples of Fiduciaries A fiduciary has a responsibility to place a beneficiary's interest first, before his own. Fiduciaries have the authority to perform special acts or specific duties for others. A principal gives an agent, an executor, a trustee or others the authority to manage the principal's interests or affairs, depending on the type of fiduciary selected. Fiduciaries who manage property interests must make every effort to preserve and protect the property and make prudent investment decisions with the goal of increasing the property's value. Fiduciaries that are selected by the principal to act as a power of attorney may be given the authority to make business, financial and legal decisions on the principal's behalf. The courts may appoint a guardian to provide for a ward's personal care and manage his property and financial affairs. Some examples of fiduciaries include: An executor A trustee A guardian Power of Attorney CFP Board Standards of Conduct state that a Fiduciary Duty is owed to clients. "At all times when providing Financial Advice to a Client, a CFP ® professional must act as a fiduciary, and therefore, act in the best interests of the Client."
2/24/24, 1:31 PM Overview of Estate Planning Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289638-dt-content-rid-67179008_1/courses/00cwr_metof106_o1/course/EP01_overvwEstatePlann… 18/47 Selecting an Executor An executor is the person and/or institution named in a valid will to serve as the personal representative of a testator when his or her will is probated. Technically, this person is referred to as the executor , if male, and executrix , if female, but is commonly referred to as the executor or personal representative regardless of gender. An executor has many responsibilities when death occurs: the executor must locate and probate the decedent's will prove that it was the decendent's will and that it in fact was his or her last will collect and value the decedent's property, make tax elections, pay debts, taxes and expenses, and distribute any remaining assets to the beneficiaries specified in the decedent's will. An executor's responsibilities typically last from nine months to two or three years. In rare instances, such as when there is a will contest or the estate remains open for tax or other reasons, the executor's duties continue for a period of several years. An executor is considered a fiduciary. This means if the executor does not exercise the duties with care, the potential exists for a lawsuit brought by the estate beneficiaries on the following grounds: a breach of confidentiality, conflicts of interest, failure to exercise due care or diligence or prudence, failure to properly preserve or protect estate assets, failure to file timely and proper tax returns or maintain adequate records, and the breach of the duty to make all major discretionary decisions personally and not to delegate such decisions. The choice of executor(s), primary as well as successor, can be complicated by a combination of family, personal, tax and nontax considerations. There should always be at least one and preferably two successors to the main executor(s). All of the proposed executors must be capable of handling the executor's tasks and responsibilities, which are often complex.
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2/24/24, 1:31 PM Overview of Estate Planning Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289638-dt-content-rid-67179008_1/courses/00cwr_metof106_o1/course/EP01_overvwEstatePlann… 19/47 Executor Fees Fees are an important consideration in the executor selection process. The fee amount a personal representative is entitled to may be determined by: the statutory law of the state where the estate is probated local county rules or customs governing what the personal representative is entitled to charge for services rendered to the estate in the case of professional executors, such as banks or trust companies, an advertised fixed and scheduled fee, and provisions in the will or in separate contractual agreements between the testator and the nominated executor. For a large estate, the scheduled fee may possibly be lowered by negotiation. An attorney specializing in estate administration can be invaluable during this process. An executor is entitled to reasonable compensation for services rendered. Fees should not be determined solely on the basis of the monetary amount of the decedent's probate assets, but should take into account: nature of the executor's tasks time spent complexity of the problems and decisions that have to be made professional background and competence of the executor, and ultimate results and benefits obtained for the heirs. An executor will normally be paid a fee for services performed, but the person you select, such as a family member, may agree to serve gratuitously. More important, unless the will specifically states otherwise, the executor will be required to post a bond to cover any potential mismanagement of the estate. This is expensive and will eventually be charged to the estate. Assuming you have picked a trustworthy individual, you may waive the need for posting bond in the will.
2/24/24, 1:31 PM Overview of Estate Planning Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289638-dt-content-rid-67179008_1/courses/00cwr_metof106_o1/course/EP01_overvwEstatePlann… 20/47 Trustee Responsibilities Trusts have many uses and often provide assets or income to trust beneficiaries. A trustee is the person and/or institution named in a trust agreement to carry out provisions or terms of the trust. A trustee holds legal title to the assets placed in the trust, which the trustee manages for all of the trust beneficiaries. The trustee is a fiduciary who is held to the highest standards when fulfilling their duty to act in the best interests of the beneficiaries. A trustee can be an individual, either a professional or nonprofessional, or it can be a corporate fiduciary. It is also possible to appoint multiple trustees and common to appoint both individual and corporate trustees. It is the trustee's duty to ensure that the trust achieves its goals. The duties of the trustee may therefore include the satisfaction of a number of tax and nontax objectives that include, but are not limited to, the investment, management and protection of trust assets and compliance with the intentions of the grantor. Ordinarily the terms of the trust agreement determine the duties and powers of a trustee. Though the powers of a trustee may vary from state to state, the general powers that a trustee may hold include the following: 1. Power to collect trust property, settle claims, and sue or be sued. 2. Power to sell, acquire or manage trust property in a manner that is in the best interests of the beneficiaries. 3. Power to vote corporate shares. 4. Power to borrow money and use the trust corpus as collateral, if approved by the court. 5. Power to enter into contracts and leases that do not exceed the duration of the trust. 6. Power to make payments to a beneficiary of the trust. 7. Power to make required divisions and distributions of trust property. 8. Power to receive additional assets into the corpus of the trust. 9. Power to hire outside counsel including accountants, attorneys and investment managers. Generally, the powers of a Trustee are determined by the instructions, or terms, in the trust document and by state law. The trustee must thoroughly understand the duties that accompany the title of legal owner of the trust assets. The duties of a trustee may vary from state to state, but in general, a trustee's duties include at least the following: 1. Carry out the trust in accordance with the terms of the trust agreement or will 2. Not to delegate the trustee's duties to another individual. Any duty that calls on the trustee to exercise skill and judgment may not be delegated, unless the trust agreement provides otherwise.
2/24/24, 1:31 PM Overview of Estate Planning Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289638-dt-content-rid-67179008_1/courses/00cwr_metof106_o1/course/EP01_overvwEstatePlann… 21/47 3. Administer the trust with the degree of skill and care that would be required if the trustee were dealing with his or her own assets 4. Administer the trust solely in the best interests of current and future beneficiaries 5. Possess, protect, and preserve the trust property 6. Separate and earmark trust property 7. Make the trust property productive 8. Make distributions in accordance with the trust agreement and the best interests of the beneficiaries. Practitioner Tip A professional trustee can be either an individual or a corporation. Depending on the assets as well as the family dynamic, it may be a good idea to recommend having a professional trustee serve along with a non-professional trustee, such as a family member.
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2/24/24, 1:31 PM Overview of Estate Planning Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289638-dt-content-rid-67179008_1/courses/00cwr_metof106_o1/course/EP01_overvwEstatePlann… 22/47 Selecting a Trustee To a great extent, the selection process and decision criteria for selecting a trustee will follow the same pattern as in choosing an executor. However, there are several significant distinctions. The trustee's responsibilities commonly last for at least one generation and often last beyond two or three generations: 1. This fact should have a significant effect on the choice of trustee or on the decision to name multiple trustees. Due to the long time period, it is important to name successor trustees or to provide a mechanism for their appointment by a resigning trustee or by the beneficiaries. 2. The choice of trustee is tax sensitive. There will be situations in which tax consequences will vary widely with results ranging from success to tax disaster depending on whether the grantor, the grantor's spouse, the beneficiaries, the grantor's business associates, the grantor's professional advisors or a totally independent third party are named as trustees. 3. The decision is further complicated by a multiplicity of personal, family, business, investment and nontax considerations, which must all be weighed by the grantor and the attorney drafting the trust. The selection of a trustee is most difficult because of the longevity of most trusts, the complexity of the tax and other laws with which the trustee must comply, and the sensitivity a trustee must have to both the grantor's objectives and the beneficiary's needs and desires. Professional trustees tend to be shielded from conflicts of interest that may otherwise arise when the trustee is a friend, family member or business associate. Click here to read more about conflict of interest. For these reasons, one or more co-trustees, who are almost always professionals, are appointed where the terms of the trust are complex or the estate is large. However, some drawbacks or issues must be considered. For instance, if two trustees are selected, what is the procedure if they do not agree on a given issue? If three or more are selected, will the majority rule? What responsibility does a dissenting trustee have for an action (or non-action) taken by the majority?
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2/24/24, 1:31 PM Overview of Estate Planning Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289638-dt-content-rid-67179008_1/courses/00cwr_metof106_o1/course/EP01_overvwEstatePlann… 23/47 Overview of Trusts Through the use of a trust, an estate owner can apportion his or her estate assets in a manner which more appropriately and adequately serves the needs of the entire family. Trusts can be categorized as inter vivos, testamentary, revocable and irrevocable trusts, and can accomplish many different estate planning objectives. To ensure that you have a solid understanding of introduction to trusts, the following topics will be covered in this lesson: Introduction to Trusts Inter vivos and Testamentary Trusts Revocable Trusts Irrevocable Trusts After completing this lesson, you should be able to: Describe the differences between inter vivos and testamentary trusts Identify the advantages and disadvantages of revocable and irrevocable trusts Compare and contrast the tax and non-tax characteristics of revocable and irrevocable trusts
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2/24/24, 1:31 PM Overview of Estate Planning Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289638-dt-content-rid-67179008_1/courses/00cwr_metof106_o1/course/EP01_overvwEstatePlann… 24/47 Introduction to Trusts What is a trust? A trust may be defined as an arrangement in which a trustee holds legal title of property for the benefit of the beneficiaries who are named by the person who created it. There are five elements of a trust: Grantor- the individual who creates the trust Trustee- the individual(s) or entity who has legal title over the assets Corpus- the trust property Terms of the trust- the provisions of the trust that outline how the trust shall be administered Beneficiary- the individual(s) or charity for whom the trust was created and have an equitable interest in the trust. A trust is a legal entity that holds and manages assets for another person. A trust is created when a grantor transfers property to a trustee for the benefit of the beneficiaries. Virtually any asset can be transferred into a trust—money, securities, life insurance policies, or real property. Reasons for using trusts: Trusts avoid probate if funded with assets during lifetime. Trusts that are funded during life bypass the costly and time-consuming process of probate. Funding means retitling assets into the name of the Trust. Trusts are much more difficult to challenge in court than are wills. Trusts can be used to reduce or eliminate taxes such as income, gift, estate or generation-skipping transfer taxes at the federal and/or state level Trusts allow for professional management of trust assets. If a beneficiary doesn't have the understanding or desire to manage money effectively, or manage an investment portfolio or a family business, a trust can provide professional management services. Trusts can provide for management and distributions during time of incapacity. Trusts can include private instructions regarding the management, control, and disposition of assets, consistent with a client's goals and family needs. Whereas a will becomes a matter of public record, a trust does not. Trusts can be used to provide for a child with special needs. It can provide the necessary funds for a child with special needs and funds for disabled children without disqualifying them from receiving government benefits from programs like Medicaid.
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2/24/24, 1:31 PM Overview of Estate Planning Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289638-dt-content-rid-67179008_1/courses/00cwr_metof106_o1/course/EP01_overvwEstatePlann… 25/47 Trusts can provide for minor children in a manner more flexible and custom-tailored to the grantor's desires. For example, trusts can be used to hold money or postpone full ownership of trust assets until a child reaches a designated age. Trusts can ensure that children from a previous marriage will receive some inheritance. Trusts can provide for spouses of second marriages which control the ultimate distribution of the assets after the surviving spouse's death. Trusts can enable the investment of an asset that does not lend itself to fragmentation. This often occurs where the grantor desires to spread the beneficial ownership among a number of individuals. Life insurance policies and real estate are just two examples of assets that are difficult to split up, or are worth substantially more if held together. Limit the parties who can obtain the assets and achieve particular dispositive objectives. For instance, where family control of a business or a specific asset is important, the grantor will want to limit the class of beneficiaries and prevent recipients from disposing of property to persons outside the family. A common example is the desire to protect assets from the consequences of an unsuccessful marriage or being sued. Review Question Match the elements on the left with the corresponding descriptions on the right by clicking them.
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2/24/24, 1:31 PM Overview of Estate Planning Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289638-dt-content-rid-67179008_1/courses/00cwr_metof106_o1/course/EP01_overvwEstatePlann… 26/47 Inter Vivos and Testamentary Trusts An inter vivos trust is also known as a living trust. An inter vivos trust is one that is established and takes effect during the grantor's lifetime. There are two types of living trusts: revocable, and irrevocable. Both categories of trusts have different tax and non-tax implications and can accomplish very different estate planning objectives. Property included in these trusts avoids probate at the grantor's death. A testamentary trust is created per the terms of a will and is funded with the decedent's assets after death occurs. Therefore, a testamentary trust is activated after probate is completed. There are a number of different purposes for testamentary trusts, including: reducing estate taxes providing professional investment management of trust assets, and ensuring that your estate is distributed to the intended beneficiaries. Property passing from the will to a testamentary trust does not avoid probate or ancillary probate, which subjects property located in a state other than your state of domicile to probate.
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2/24/24, 1:31 PM Overview of Estate Planning Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289638-dt-content-rid-67179008_1/courses/00cwr_metof106_o1/course/EP01_overvwEstatePlann… 27/47 Revocable Trust Revocable trusts can be funded or unfunded, depending on their purpose. Actual funding of a revocable trust requires assets to be retitled into the name of the trust. Property interests and funds included in a revocable trust pass outside the will and the probate process, saving probate costs. In a revocable trust, the grantor, the trustee, and the beneficiary may all be the same person. A successor trustee is appointed to serve if the grantor, as trustee, becomes incapable of managing trust assets for himself or for other trust beneficiaries. Revocable trusts often provide for the lifetime welfare of the grantor, family members and other beneficiaries. Property transferred to a revocable trust is not subject to the gift tax- which is a tax on the right of an individual to transfer money or property to other individuals or trusts. Because the grantor can control and even manage assets within the trust, can change the terms of the trust at any time, and can revoke the trust, property transferred to a trust is not a completed gift and is not taxed. The property in trust remains under the grantor's control while the trust is in effect, and is therefore part of the grantor's gross estate at death, subject to estate tax. The following table lists the advantages and disadvantages of a revocable trust: Advantages Disadvantages The assets in the trust avoid probate and ancillary probate upon your death. There are no income tax advantages - you pay taxes on any income and capital gains on the assets in the trust. You maintain the power to alter or terminate the trust and remove the assets. The assets in the revocable living trust are considered part of your estate for estate tax purposes.
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2/24/24, 1:31 PM Overview of Estate Planning Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289638-dt-content-rid-67179008_1/courses/00cwr_metof106_o1/course/EP01_overvwEstatePlann… 28/47 Advantages Disadvantages If you become incompetent, your assets will continue to be professionally managed by the trustee. Trusts that are unfunded typically fail to achieve probate avoidance or estate tax reduction. You can replace the trustee if you do not have confidence in his or her skills. A funded trust reduces the potential for a will contest or an election against the will, and provides privacy in administering a grantor's affairs.
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2/24/24, 1:31 PM Overview of Estate Planning Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289638-dt-content-rid-67179008_1/courses/00cwr_metof106_o1/course/EP01_overvwEstatePlann… 29/47 Irrevocable Trust Estate planning techniques that reduce the estate tax base often involve the use of irrevocable trusts. All irrevocable trusts must be funded to legally exist. Once created, the terms of an irrevocable trust cannot be changed and they cannot be revoked. Thus, the grantor loses ownership and control of the property placed in the trust, and cannot take property back if circumstances change. Although the assets and future appreciation of those assets transferred to the trust may reduce the value of the grantor's estate, assets transferred into an irrevocable trust may be subject to gift tax liability. Trust assets are not included in the grantor's estate at death, or subject to estate tax, if the grantor does not retain any rights, ownership, interest or control of the trust assets at his death. Upon the death of the grantor, revocable trusts become irrevocable trusts. The irrevocable trust becomes a separate legal entity. It may pay taxes, at the trust's tax rates, on the income and capital gains earned by the assets within the trust. Assets within an irrevocable trust also avoid the probate process. The following table lists the advantages and disadvantages of an irrevocable trust: Advantages Disadvantages The assets in the trust avoid probate upon your death. You no longer maintain control over the assets in the trust. Any appreciation on assets in the trust may be excluded from the estate; estate taxes may be minimized when you die. Assets transferred into the trust may be subject to gift taxes.
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2/24/24, 1:31 PM Overview of Estate Planning Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289638-dt-content-rid-67179008_1/courses/00cwr_metof106_o1/course/EP01_overvwEstatePlann… 30/47 Advantages Disadvantages Income earned on assets in the trust can be directed to the beneficiary, which can result in tax savings if the beneficiary is in a lower tax bracket. Lack of flexibility to make changes to trust
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2/24/24, 1:31 PM Overview of Estate Planning Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289638-dt-content-rid-67179008_1/courses/00cwr_metof106_o1/course/EP01_overvwEstatePlann… 31/47 Overview of Transfer Taxes Depending on your client's wealth and estate plan, they may be subject to a gift tax or the estate tax on property that is transferred to others during their lifetime or at their death. The method in which property is distributed is important because it may determine the amount of federal income taxes that must be paid by the beneficiaries when they sell the property. In some situations, it may be preferable to let the property transfer at death rather than as a gift. The reason is that the surviving spouse and the beneficiaries will receive a stepped-up cost basis for assets inherited from the decedent. To ensure that you have a solid understanding of tax laws as they relate to estate planning, the following topics will be covered in this lesson: Gift and Estate Tax Relationship Gifting Strategies Basis Marital and Charitable Deductions Minimizing Estate Tax After completing this lesson, you will be able to: describe how the gift tax and the estate tax are interrelated identify gifting techniques to reduce the value of taxable gifts explain the differences between carry-over basis and stepped-up basis determine when it is appropriate to use marital deductions to offset gift and estate taxes describe some common methods for minimizing estate taxes
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2/24/24, 1:31 PM Overview of Estate Planning Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289638-dt-content-rid-67179008_1/courses/00cwr_metof106_o1/course/EP01_overvwEstatePlann… 32/47 Gift and Estate Tax Relationship The gift tax and the estate tax are both separate transfer taxes that are unified and interrelated under a federal transfer tax system. Lifetime gifts and testamentary transfers are subject to the same unified gift and estate tax rate schedule. This imposes the same tax burden on transfers made during life and at death. Each person can make gifts up to a certain amount during their lifetime before a gift tax needs to be paid. This amount is known as the exemption equivalent amount that escapes taxation. For 2024, the exemption equivalent amount is $13,610,000. Each taxpayer has a unified credit that is available to offset the gift and/or estate tax up to the exemption equivalent amount on a dollar-for-dollar basis. The tax on $13,610,000 is $5,389,800 therefore the unified credit amount for 2024 is $5,389,800. Because each person can gift up to $13,610,000 tax-free, married couples can gift up to $27.22 million free of gift and estate taxes in 2024. The unified credit must be used to offset the tax on all taxable gifts. Taxable gifts are gifts that exceed an annual exclusion amount, and this amount is $18,000 per person in 2024. Married couples can split the amount of a gift in half, so that each spouse reduces the taxable portion of their gift by the annual exclusion amount. Consequently, married couples can gift $36,000 to another person or transfer $36,000 into an irrevocable trust, before using up a portion of their unified credit. When a person gifts more than the exemption equivalent amount after reducing the taxable value of gifts by annual exclusions and/or other gifting techniques, a gift tax must be paid. The exemption equivalent amount and unified credit applies to estate taxes as well. For example, if Tom did not make any taxable gifts during his lifetime, and Tom died in 2024, his estate could transfer $13,610,000 to his beneficiaries without paying an estate tax. That is because Tom's unified credit is available to offset or reduce any estate tax due. However, if Tom had made taxable gifts to several people during his lifetime, then all taxable gifts made after 1976 are added back to Tom's estate tax return at his death. The result is that Tom's estate will be taxed at a higher rate. And if Tom had made lifetime gifts that exceeded $13,610,000 he would have paid a gift-tax during his life, but a credit for the gift tax paid is available to reduce his estate tax liability.
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2/24/24, 1:31 PM Overview of Estate Planning Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289638-dt-content-rid-67179008_1/courses/00cwr_metof106_o1/course/EP01_overvwEstatePlann… 33/47 Practitioner Advice The Tax Cuts and Jobs Act of 2017 doubled the previous $5 million basic exclusion amount to $10 million, indexed for inflation. A new "chained" Consumer Price Index will be used to determine inflation rather than the traditional CPI measure that had been previously used. The chained CPI will produce smaller increases than the traditional CPI. The higher basic exclusion amounts will remain in effect under TCJA until 2025 and then will revert back to $5 million, adjusted for inflation.
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2/24/24, 1:31 PM Overview of Estate Planning Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289638-dt-content-rid-67179008_1/courses/00cwr_metof106_o1/course/EP01_overvwEstatePlann… 34/47 Basis When a gift is made to an individual, a donor passes the carry-over basis in the property to the donee. The basis is used to calculate potential income tax gain on a future sale. In contrast, property included in the owner's gross estate at death receives a "stepped-up" basis to fair market value when the property transfers to heirs. Therefore, if an heir sells the property after the owner's death, and the property has not appreciated in value, there is no capital gains tax due. For example, suppose Sharon lived in a non-community property state and owned, in her own name, some shares of stock with an original cost of $5,000 and a current market value of $15,000. If she sold the shares today, she would have to pay tax on the $10,000 gain. However, if she died and Arnold received these shares from her estate and then subsequently sold the stock for $15,000, there would be no capital gains tax to pay. This is because the property receives a stepped-up cost basis for income tax purposes. Thus, if the shares are valued at $15,000 at the time of the death and later sold for the same amount, no capital gains taxes would be due. On the other hand, if Sharon had made a gift to Arnold of the stock before her death, Sharon's basis of $5,000 would carry over to Arnold. If appreciated property is gifted, the donor's basis in the property carries over to the donee. Therefore, if the FMV of the stock is $15,000 on the date of the gift, the value of the gift is $15,000. Since Sharon had a basis of $5,000, when Arnold sold the stock for $15,000, he would have to recognize a gain of $10,000.
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2/24/24, 1:31 PM Overview of Estate Planning Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289638-dt-content-rid-67179008_1/courses/00cwr_metof106_o1/course/EP01_overvwEstatePlann… 35/47 Gifting Strategies The object of the tax element of estate planning is to transfer as much of your client's assets to the intended beneficiaries with the least amount of transfer and income taxes. Before any lifetime gifting is completed, it is important to first make sure the client has sufficient assets to provide for themselves. One method by which this may be accomplished is through a lifetime gifting program. Under current law, every individual, or donor, has the opportunity to gift $18,000 annually to as many people, or donees, as he or she selects. This is known as the annual exclusion. If an estate planning objective is to minimize the amount of assets which will be included within a decedent client's estate, and the client has discretionary assets which are not required for comfort during lifetime, the estate planner may suggest that the client engage in an annual gifting program utilizing the annual exclusion. For example : A gift of $10,000 to 10 donees reduces a wealthy donor's estate tax base by $100,000, which lowers their estate tax by $40,000 if they are in the highest marginal transfer tax bracket at their death. Making gifts avoids probate, reduces the value of the taxable estate, and allows the estate owner to help out heirs while he or she is still alive. Additionally, the recipient of the gift, the donee, will not pay tax on the gift. The gift tax is tax exclusive, meaning the donor is responsible for paying any gift tax due. Note: if the gift is a capital asset, the donee receives the donor's basis (called the carry-over basis), and the capital gain tax liability is deferred until the donee sells the property. Engaging in a gifting program also allows the donor to transfer assets with tremendous appreciation potential, for example, stocks or real estate. If your client owns a piece of real estate which appreciates in value, the appreciated value of the assets will be included in the owner's estate, thereby increasing the estate tax liability. However, by gifting the asset at today's current market value, all of the appreciation on the asset will avoid inclusion in the owner's estate. In addition to the annual gift tax exclusion, there is an unlimited gift tax exclusion on payments made for medical or educational tuition expenses. These payments may be made for anyone, regardless of relationship, as long as the payments are made directly to the educational or medical facility. The unlimited gift tax exclusion also applies to contributions made to political parties. From a gift tax perspective, an unlimited amount of assets may be gifted to qualified charities, since there is an unlimited gift tax deduction for lifetime transfers to qualified charities. Additionally, from an income tax perspective, these lifetime gifts also qualify for an income tax deduction. As you can see, your client can give away a substantial amount of assets during his or her lifetime, assuming he or she can afford to give away the control over the property, in an attempt to maximize the amount of assets transferring to heirs.
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2/24/24, 1:31 PM Overview of Estate Planning Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289638-dt-content-rid-67179008_1/courses/00cwr_metof106_o1/course/EP01_overvwEstatePlann… 36/47 Case-in-Point Let's look at a married couple with two children and an estate valued at $30 million. In 2024, the annual exclusion per person is $18,000 and the maximum transfer tax rate is 40%. Over a 10–year period, the couple could hypothetically transfer to each of their children a total of $36,000 per year tax-free—$18,000 from each spouse—for a total of $360,000 to each child. These gifts would reduce the couple's taxable estate from $30 million to $29,640,000 which would result in a lower estate tax liability. If the parents had not given away the $720,000, and that amount appreciated over the 10-year period, their estate would be worth even more than $30 million and would be taxed at a higher amount. Practitioner Advice: Remember that the annual exclusion for gifts applies to each spouse. That is, each spouse can each give up to $18,000 to each of their children, or to whomever they wish, without paying any gift taxes. The recipient of a gift does not pay any income tax on the amount of money he or she receives.
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2/24/24, 1:31 PM Overview of Estate Planning Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289638-dt-content-rid-67179008_1/courses/00cwr_metof106_o1/course/EP01_overvwEstatePlann… 37/47 Marital and Charitable Deductions There are two common deductions that estate planners use to minimize gift and estate taxes: 1. Marital deduction, and 2. Charitable deduction The Internal Revenue Code allows an unlimited marital deduction for gift and estate tax purposes. This means that there's no limit to the amount of tax-free transfers between spouses during lifetime or at death. In other words, when one spouse dies, the estate, regardless of size, can be transferred to the survivor without any estate tax if the surviving spouse is a U.S. citizen. This assumes that one spouse is not transferring terminable interest property to the other spouse by a gift or a bequest. Terminable interest property passes automatically to another beneficiary in a trust who is not the spouse, and bypasses inclusion in the spouse's estate at death. The reason a marital deduction is not available to a donor spouse or decedent spouse for terminable interest property (TIP) is because the recipient spouse has not been given total control over the property during lifetime or at death. Additionally, the Internal Revenue Code allows an unlimited gift and estate tax deduction for transfer to charities. Therefore, transferring assets to charities may be another method used to reduce the taxable estate. Case-in-point Illustration of a simple will using estate tax figures Simple Will ($28 million estate): A husband and wife each own assets of $14 million. Assume that the husband dies in 2024. His $14 million estate will automatically transfer to his wife through his will, and no estate tax will be imposed due to the unlimited marital deduction. This inheritance will increase his wife's estate by $14 million. If she dies later this year $28 million will be included in her gross estate. However, her unified credit of $5,389,800 will offset the tax on $13,610,000 and the unused portion of her husband's exclusion can offset an additional $13,610,000 in estate tax. Therefore, her estate will be taxed on $918,200 which is due 9 months after her death. flowchart
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2/24/24, 1:31 PM Overview of Estate Planning Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289638-dt-content-rid-67179008_1/courses/00cwr_metof106_o1/course/EP01_overvwEstatePlann… 38/47 Practitioner Advice When a simple will is used for a married couple, the surviving spouse will inherit the decedent spouse's property. Assuming the surviving spouse does not remarry, if the estate is subject to an estate tax then a marital deduction is not available to offset the tax. An estate tax is due if the surviving spouse has an estate greater than $13,610,000 in 2024. In the Case-in-point, the wife's estate tax is calculated as follows: Wife's estate at death: $28 million Estate tax on $28M is $11,145,800 Subtract wife's unified credit of $5,389,800 (the credit reduces a gift or estate tax on $13,610,000 to zero) = $5,756,000 Subtract husband's unused exclusion amount of $5,389,800 that gets passed to the wife by portability= $366,200 estate tax payable from the wife's estate. You will learn how to calculate estate taxes later in this course.
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2/24/24, 1:31 PM Overview of Estate Planning Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289638-dt-content-rid-67179008_1/courses/00cwr_metof106_o1/course/EP01_overvwEstatePlann… 39/47 Minimizing Estate Tax A tax on the property transferred or received upon the death of the owner is known as a death tax . There are two types of death taxes: an estate tax and an inheritance tax. An estate tax is imposed on the property of the deceased before it is transferred; an inheritance tax is levied on the property when it is received by the beneficiary. At the federal level, only an estate tax exists. However, state governments impose either estate or inheritance taxes, and sometimes both. Most discussions of death taxes also include an examination of gift taxes. Without a gift tax, estate taxes could be avoided by simply giving property away during lifetime. Calculating Estate Tax Calculate Gross Estate Value The value of all of the decedent's assets and property, including life insurance proceeds, pensions, collectibles, investments, real estate, and any other assets owned at time of death. Calculate Taxable Estate Gross estate less funeral and administrative expenses, debt, liabilities or mortgages, certain taxes, and any marital or charitable deductions. Calculate Gift Adjusted Taxable Estate Add accumulated lifetime gifts.
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2/24/24, 1:31 PM Overview of Estate Planning Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289638-dt-content-rid-67179008_1/courses/00cwr_metof106_o1/course/EP01_overvwEstatePlann… 40/47 Calculating Estate Tax Determine Estate Tax Subtract applicable gift and estate tax credit to determine the estate tax base, then multiply by estate tax rate schedule to determine estate tax amount. Financial planners should periodically review the value of a client's estate to determine whether there is a current or a potential estate tax liability. In summary, there are several ways to minimize estate taxes this year and beyond: Make gifts to others – Property or money gifted to others reduces the value of an estate, which reduces the amount subject to estate tax. Each person can gift a maximum of $18,000 per person, per year, before a taxable gift is made. Lifetime gifts under $13,610,000 are not subject to a gift tax because a donor's unified credit is available to offset the tax on these taxable gifts. If a gift tax must be paid, the amount of the tax will also reduce the value of an estate. Make payments directly for educational or medical expenses – Unlimited amounts of money can be paid directly to educational or medical institutions without triggering a gift tax. Make gifts or bequests to charity – Unlimited amounts of money or property can be given to federally approved charities during the donor's lifetime or at death. Charitable gifts reduce the value of an estate due to an unlimited charitable deduction. Make gifts or bequests to spouses – An unlimited marital deduction is available to offset the tax on gifts made to spouses or bequests of property passing to a spouse through a will. Transfer money or assets to an irrevocable trust – As long as the grantor does not retain any rights or control over the trust income or corpus, the value of the assets are not included in the grantor's estate. Create an irrevocable life insurance trust (ILIT) – An owner of a life insurance policy who is also the insured must include the death benefit amount of the policy in his gross estate at death. The policyholder can transfer an existing life insurance policy on his life to an ILIT to remove the death benefit from his estate (assuming the policyholder lives for more than 3 years from the date of the transfer). The trust can also purchase a new life insurance policy on a person's life to remove the death benefit from that person's estate.
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2/24/24, 1:31 PM Overview of Estate Planning Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289638-dt-content-rid-67179008_1/courses/00cwr_metof106_o1/course/EP01_overvwEstatePlann… 41/47 Review Question If Bill left 50% of his estate to his wife, 25% to charity and 25% to his son, how much of Bill's estate is deductible on his estate tax return? Case-in-Point Given the high estate tax rates imposed, your personal tax strategy should shift toward estate tax planning once your net worth climbs above the tax-free transfer threshold. Individuals with a net worth below the tax-free transfer threshold should focus on income tax strategies and on non-tax estate planning concerns.
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2/24/24, 1:31 PM Overview of Estate Planning Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289638-dt-content-rid-67179008_1/courses/00cwr_metof106_o1/course/EP01_overvwEstatePlann… 42/47 Module Summary Overview of Estate Planning A. Type of fiduciaries 1. Executor/ Personal representative 2. Trustee 3. Guardian B. Duties of fiduciaries C. Breach of fiduciary duty D. Trusts E. Marital property agreements A. Type of Fiduciaries Fiduciaries must always place another person's interest first, before their own. They have the authority to perform special acts or specific duties for others. Depending on the type of fiduciary selected, they can make decisions, carry out directives or manage another person's property or affairs. Types of fiduciaries include executors, trustees and guardians. CERTIFIED FINANCIAL PLANNERS have a fiduciary duty to put their clients' interests first. Executor/Personal representative An executor, or an executrix, is a decedent's personal representative named in the will to administer their estate. The executor admits the will to probate, locates and collects the decedent's assets, determines the value of the assets, and distributes them to heirs with court supervision. The executor is responsible for paying the decedent's debts and expenses and for filing income and estate taxes due. Trustee A grantor chooses a trustee to manage trust property for beneficiaries. The trustee has legal title of the property in trust and the trustee must be legally competent to carry out the directives written in the trust document. Guardian Guardianship is a general term used to protect a ward's property interests and oversee their personal care. A guardian does not have legal title to the property administered for the ward's benefit. A guardian
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2/24/24, 1:31 PM Overview of Estate Planning Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289638-dt-content-rid-67179008_1/courses/00cwr_metof106_o1/course/EP01_overvwEstatePlann… 43/47 or conservator's scope of authority can be comprehensive or limited to managing only specific aspects of an incompetent person's care. Types of guardianships are: Guardianship of the person – provides for the ward's personal care Guardianship or conservatorship of the estate – manages the ward's property and financial affairs Plenary guardianship – manages both the ward's property and personal care B. Duties of Fiduciaries Fiduciaries must perform their duties with utmost care and loyalty towards the beneficiaries. Fiduciaries who manage property should strive to preserve it and make prudent investment decisions to increase its value. C. Breach of Fiduciary Duties Fiduciaries can be sued for breach of fiduciary duties in civil and criminal courts. D. Trusts An inter-vivos trust is a trust created while a grantor is alive. A revocable trust is an inter-vivos trust that may be funded or unfunded, which becomes irrevocable at the grantor's death. The grantor can also create an irrevocable inter-vivos trust, which must be a funded trust. A trust created by the grantor's will is a testamentary trust and the assets do not avoid probate. E. Marital Property Agreements Married couples can use documents such as wills, trusts, pre-nuptial or post-nuptial agreements and disclaimer provisions in wills to determine the disposition of their combined property interests.
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2/24/24, 1:31 PM Overview of Estate Planning Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289638-dt-content-rid-67179008_1/courses/00cwr_metof106_o1/course/EP01_overvwEstatePlann… 44/47 Practice Questions Which of the following is NOT an example of a Fiduciary? (Check all that are true.) An Executor A Beneficiary A Trustee A Guardian Joe and Mary are married, they have one child each from a prior marriage and two children together. They also have a god-son, John, that is like family. If Joe and Mary were to give the maximum annual gift to each child, including John, what is the total value of their combined gifts for 2024? Choose the best answer. $ 72,000 $ 180,000
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2/24/24, 1:31 PM Overview of Estate Planning Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289638-dt-content-rid-67179008_1/courses/00cwr_metof106_o1/course/EP01_overvwEstatePlann… 45/47 $ 90,000 $ 144,000 Nicole was 87 years old and recently passed away. In her portfolio, she had FP stock that she purchased on December 12, 1985 for $19.87 per share. Upon her passing, the cost of FP stock was $57.21. The stock is going to be distributed outright to her niece, Lindsay. What will Lindsay's cost basis be once she receives the stock? Choose the best answer. $ 57.21 $ 77.08 $ 19.87 None of the above All of the following are advantages of an irrevocable trust except: Assets will avoid probate upon the death of the individual Appreciation of assets within the trust would be excluded from the estate upon the death of the individual
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2/24/24, 1:31 PM Overview of Estate Planning Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289638-dt-content-rid-67179008_1/courses/00cwr_metof106_o1/course/EP01_overvwEstatePlann… 46/47 The Grantor has complete control of the assets during his/her lifetime. Income earned within the trust may be directed to a beneficiary, which can result in tax saving if the beneficiary is in a lower tax bracket Who is responsible for collecting the decedent's possessions which will be recorded as assets of the estate? Choose the best answer. The Trustee The Beneficiary The Executor The Power of Attorney What is one advantage of establishing a Revocable Trust? Choose the best answer. Assets will pass outside the Grantor's estate The trust language can never be changed or altered Trust can help plan for the Grantor's incapacity Trust will pass through probate
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2/24/24, 1:31 PM Overview of Estate Planning Compilation https://onlinecampus.bu.edu/bbcswebdav/pid-10289638-dt-content-rid-67179008_1/courses/00cwr_metof106_o1/course/EP01_overvwEstatePlann… 47/47 When assisting your clients, Bob and Mary, with their estate plan, you need to figure out how much each client has left of his or her lifetime exemption after they jointly make the following gifts this year: $500,000 to Bob's mother $42,000 to their youngest daughter for rent $260,000 paid directly to the hospital for Bob's mom $300,000 to their son for a down payment of a new home $65,000 paid directly to the university for their grandson's college tuition Assume that they have split all of the gifts this year. Since they each have a lifetime exemption of $13,610,000 how much does each spouse have left of their lifetime exemption after making these gifts? Choose the best answer. $13,243,000 $13,568,000 $13,532,000 $12,920,000
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