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27 Cards in this Set

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  • Back

Estate Planning

The process of developing a plan to administer and distribute your assets on death in a manner with wishes and needs.

Probate Estate

Consists of the real and personal property you own in your own name that can be transferred at death according to terms of a will and under state law.

Gross Estate

Include all property and life insurance, jointly held property with rights of survivorship.

Will

A written, legal enforceable expression or declaration of a person's wishes concerning the disposition of his or her property on death.

Intestacy

When a person dies without a valid will. "Draw the will the decedent failed to make"

Escheat to the State

When property goes the the state due to the absence of a will and no relatives.

Testator

Allows a person to direct the disposition of property at his or her death. Can change or revoke a will at anytime prior to his or her death.

Features of a Will

-Introductory Clause


-Direction Of Payments


-Disposition of Property


-Appointment Clause


-Tax Clause


-Simultaneous Death Clause


-Execution and Attestation Clause


-Witness Clause


Requirements Of a will

Mental Capacity- Must be of a "Sound Mind"


Freedom Of Choice- Must not be under the influence of another person


Proper Execution- Meet state requirements, two witnesses, signing


Codicil

A simple and convenient legal means of modifying a will is often a single page document that reaffirms all the existing provisions in the will except the one to be changed.

Letter or Last instructions

Thoughts they want to convey and instructions they wish other to carry out. Form of a memorandum separate from will.

Probate Process

Process of Liquidation to settle debt.

Power of Attorney

A legal document that authorizes another person to takeover ones financial affairs and act on his or her behalf.

Living will

A document that state, in very precise terms, the treatments that a person wants and to what degree he or she wishes them continued if he or she becomes terminally ill.

Ethical wills (legacy Statements)

An informal personal statement left for family, friends, and community that shares your values, blessing, lifes lessons and hopes and dreams for the future.


Right of Survivorship

The right of the surviving owners to receive title to the deceased joint owners interest.

Tenants in common

No right of survivorship, and each co-owner can leave his or her share to whomever they desire.

Trust

Legal relationship between the grantor(trustors), trustee(an organization), benficiaries(third party)

Living trust

Trust Created and funded during grator's lifetime

Revocable Living trust

A trust in which the grantor reserves the right to revoke the trust and regain trust property

Irrevocable Living trust

A trust in which the grantor relinquishes the title to the property place in it and gives up the right to revoke or terminate the trust.


testamentary trust

A trust created by the decedents will and funded through the probate process.


Irrevocable Life Insurance Trust

An irrevocable trust in which the major asses is life insurance on the grantors life.

Gift tax

Imposes a tax on transfers of property during a person's life, prevents avoidance of the estate tax show a person want to give away his/her estate.


Annual Exclusion

The mount of money a person can gift annually without affecting the unified credit.

Estate tax

A tax levied on the value of property transferred at the owner's death.

Unified tax Credit

Integrated version of federal gift tax and estate tax.