Estate Planning Basics

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Questions and Answers

What is a legal document that specifies how a person's assets should be distributed after their death?

  • Lease
  • Contract
  • Deed
  • Will (correct)

What is the role of an executor?

  • To create the will.
  • To manage and distribute the estate's assets. (correct)
  • To challenge the will in court.
  • To witness the signing of the will.

Who is appointed to care for a minor child or incapacitated adult?

  • Beneficiary
  • Executor
  • Guardian (correct)
  • Trustee

Who inherits property as defined by law if there is no will?

<p>Heir (A)</p> Signup and view all the answers

What does 'intestate' mean?

<p>Dying without a will. (A)</p> Signup and view all the answers

What is an agreement made by a couple before marriage regarding their assets?

<p>Prenuptial agreement (D)</p> Signup and view all the answers

What is property owned jointly by a married couple in certain states?

<p>Community property (C)</p> Signup and view all the answers

What is a legal arrangement where one party controls assets for the benefit of another?

<p>Trust (D)</p> Signup and view all the answers

In a trust, what is the difference between the grantor and the trustee?

<p>The grantor creates the trust, the trustee manages the assets. (B)</p> Signup and view all the answers

What type of trust can be modified or canceled by the grantor after it's created?

<p>Revocable living trust (C)</p> Signup and view all the answers

What type of trust benefits a charity?

<p>Irrevocable charitable remainder trust (CRT) (B)</p> Signup and view all the answers

When is a testamentary trust created?

<p>After the grantor's death, through a will (D)</p> Signup and view all the answers

What is a federal tax on the transfer of assets from a deceased person to their heirs?

<p>Estate tax (C)</p> Signup and view all the answers

The estate tax exemption is the amount...

<p>...excluded from estate taxes. (B)</p> Signup and view all the answers

What allows a surviving spouse to use any unused portion of the deceased spouse's estate tax exemption?

<p>Estate tax exemption portability (B)</p> Signup and view all the answers

What is the yearly limit on tax-free gifts an individual can give to another person?

<p>Annual gift tax exclusion (B)</p> Signup and view all the answers

What is a tax imposed by some states on the transfer of property from a deceased person?

<p>State Estate Tax (A)</p> Signup and view all the answers

Do federal estate taxes apply to assets left to a surviving spouse?

<p>No, there is an unlimited marital deduction. (B)</p> Signup and view all the answers

What is a tax on the assets an individual inherits?

<p>Inheritance tax (C)</p> Signup and view all the answers

State estate and inheritance taxes are sometimes collectively called what?

<p>Death taxes (D)</p> Signup and view all the answers

Flashcards

What is a will?

A legal document outlining how a person's assets will be distributed after their death.

What is an Executor?

An individual or entity appointed by a will to manage the estate of a deceased person.

What is a guardian?

A person legally appointed to manage the personal and/or property interests of someone who is unable to do so themselves.

What is an heir?

A person who is entitled to receive property or assets from a deceased person under the terms of a will or through inheritance laws.

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What does intestate mean?

Dying without a will. In this case, the laws of intestacy determine how the estate is distributed.

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What is a prenuptial agreement?

A contract between two individuals before marriage that outlines the division of assets in the event of divorce or death.

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What is community property?

Property acquired during a marriage that is owned equally by both spouses.

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What is a trust?

A legal arrangement in which a grantor transfers assets to a trustee, who manages them for the benefit of beneficiaries.

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Grantor vs. Trustee?

The grantor creates the trust, while the trustee manages and administers the assets within the trust according to its terms.

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Revocable vs. Irrevocable Living Trust

A trust the grantor can change or revoke during their lifetime, versus one that cannot be altered or terminated once established.

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What is an Irrevocable Charitable Remainder Trust (CRT)?

A trust providing income to a non-charitable beneficiary for a specific period, with the remainder going to a charity.

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What is a testamentary trust?

A trust created as part of a will and taking effect upon the grantor's death.

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What is Federal Estate Tax?

A federal tax imposed on the transfer of a deceased person's assets to their heirs or beneficiaries.

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What is Estate Tax Exemption?

The amount of assets that can be transferred before estate taxes apply.

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Estate Tax Exemption Portability?

Allows a surviving spouse to use any unused portion of the deceased spouse's estate tax exemption.

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What is the Annual Gift Tax Exclusion?

The amount one individual can gift to another each year without incurring gift tax.

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What is State Estate Tax?

A tax imposed by some states on the transfer of assets from a deceased person.

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What is an inheritance tax?

A state-level tax on inherited assets.

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What is an advance directive?

A document specifying a person's wishes for their healthcare if they become unable to make decisions.

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What is a healthcare proxy?

A person appointed to make healthcare decisions for someone else.

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Study Notes

Section 3 Lesson 1: Estate Planning Basics

  • A will is a legal document outlining how a person’s assets are distributed after death.
  • An executor is the person named in a will responsible for managing the deceased's estate.
  • A guardian is appointed to care for minor children or incapacitated adults.
  • An heir is someone legally entitled to inherit property from a deceased person, typically a family member.
  • Intestate refers to dying without a will, in which case the distribution of assets is determined by state law.
  • A prenuptial agreement is a contract between two people before marriage that outlines the division of assets in case of divorce or death.
  • Community property is property acquired during a marriage that is owned equally by both spouses in some states.
  • A trust is a legal arrangement where assets are held by one party (trustee) for the benefit of another (beneficiary).
  • A grantor establishes a trust by transferring assets into it, while a trustee manages the trust assets according to the trust's terms.
  • A revocable living trust allows the grantor to modify or terminate the trust during their lifetime, while an irrevocable living trust generally cannot be altered once established.
  • An irrevocable charitable remainder trust (CRT) is a trust that provides income to a beneficiary for a set period, with the remainder going to a charity.
  • A testamentary trust is created through a will and only comes into effect after the grantor’s death.
  • An estate tax is a federal tax imposed on the transfer of a deceased person's assets to their heirs, if the estate value exceeds a certain threshold.
  • The estate tax exemption is the threshold amount under which an estate is not subject to federal estate taxes eg $12.92 million per individual in 2023
  • Estate tax exemption portability allows a surviving spouse to use any unused portion of the deceased spouse's estate tax exemption.
  • The annual gift tax exclusion is the amount one individual can gift to another each year without incurring gift tax eg $17,000 per individual in 2023
  • A state estate tax is imposed by some states on the transfer of assets from a deceased person’s estate.
  • Estate taxes do not apply to surviving spouses due to the unlimited marital deduction.
  • An inheritance tax is a state tax imposed on the beneficiaries who inherit assets from an estate.
  • State estate tax or inheritance taxes are sometimes called "death taxes".
  • An advance directive is a legal document that allows individuals to specify their healthcare wishes if they become incapacitated.
  • The 3 types of advance directives are a living will, durable power of attorney for healthcare, and healthcare proxy.
  • A healthcare proxy is a legal document that designates someone to make healthcare decisions on your behalf if you are unable to do so.
  • A durable power of attorney remains in effect if the person becomes incapacitated, while a limited power of attorney is only valid for specific actions or time periods.

Section 3 Lesson 2: Retirement Plans

  • ERISA (Employee Retirement Income Security Act) is a federal law that sets minimum standards for most voluntarily established retirement and health plans in private industry to provide protection for individuals in these plans.
  • A defined contribution plan is a retirement plan where the employee and/or employer contribute to an individual account, and the retirement benefit depends on the account's investment performance.
  • In a defined contribution plan, the employee often makes the investment decisions, though some plans may offer managed options.
  • A contributory plan involves contributions from both the employer and employee, while a non-contributory plan only involves employer contributions.
  • A self-directed plan allows participants to choose from a wider range of investment options beyond those typically offered in a standard retirement plan.
  • Vesting is the process by which an employee gains non forfeitable rights to employer-contributed benefits.
  • Graduated vesting is a vesting schedule where employees gradually gain ownership of employer contributions over time.
  • Cliff vesting is a vesting schedule where employees become fully vested after a specific period of service, such as three years.
  • Portability refers to the ability to transfer retirement savings from one retirement plan to another, usually when changing jobs.
  • Matching contributions are employer contributions that match a percentage of the employee's contributions up to a certain limit.
  • Automatic escalation is a feature in some retirement plans where the contribution rate automatically increases over time.
  • A 401(k) is a retirement savings plan sponsored by a for-profit employer, a 403(b) is for non-profit and government employees, and a 457 is a deferred compensation plan for highly compensated employees of state and local governments and some non-profits.
  • A SIMPLE IRA (Savings Incentive Match Plan for Employees) is a retirement plan for small businesses that offers simplified administration.
  • A Keogh plan is a retirement plan for self-employed individuals and unincorporated businesses.
  • A catch-up provision allows individuals age 50 and over to make additional contributions to their retirement plans beyond the regular limits.
  • The 3 options for a 401(k) when changing employers are: leave the money in the current plan (if allowed), roll the money into a new employer's plan, or roll the money into an IRA.
  • A rollover is the process of moving retirement savings from one retirement account to another, typically without incurring taxes or penalties.
  • The one rollover rule restricts individuals to one rollover from an IRA to another IRA within a 12-month period to avoid taxes and penalties.
  • A defined benefit plan is a retirement plan where employees receive a set monthly payment during retirement, the amount is typically based on salary and years of service.
  • In a defined benefit plan, the employer makes the contribution and investment decisions.
  • A survivor benefit is a benefit paid to the spouse or other beneficiary of a deceased participant in a retirement plan.
  • A Traditional IRA is a retirement account where contributions may be tax-deductible and earnings grow tax-deferred, while a Roth IRA involves after-tax contributions, but earnings and withdrawals are tax-free in retirement.
  • RMD (Required Minimum Distribution) is the amount that must be withdrawn annually from certain retirement accounts starting at a specified age.
  • A Spousal IRA is a retirement account established for a non-working spouse, allowing contributions based on the working spouse's income.
  • Three retirement plans for self-employed individuals are SEP IRA, SIMPLE IRA, and Keogh plan, each with specific requirements regarding contributions and eligibility.
  • Tax-deferred growth means that investment earnings are not taxed until they are withdrawn in retirement.
  • The crossover point is the point at which the tax benefits of a traditional IRA are outweighed by the tax-free benefits of a Roth IRA, or vice versa, depending on individual circumstances and tax rates.
  • Early withdrawals are withdrawals taken from retirement accounts before the age of 59 1/2 and may be subject to penalties and taxes
  • Four things that happen for early withdrawals are, potential 10% penalty, taxed as ordinary income, reduces the amount available for retirement, and may trigger state penalties.
  • Five reasons for penalty-free withdrawals include, death, disability, qualified medical expenses, qualified higher education expenses, and first home purchase (up to $10,000).
  • An annuity is a contract with an insurance company that provides a stream of income, typically during retirement.
  • A deferred annuity's payments begin at a future date, while an immediate annuity's payments start soon after the annuity is purchased.
  • A fixed annuity provides a guaranteed rate of return, while a variable annuity's return depends on the performance of underlying investments.
  • A lifecycle creep refers to the gradual shift in investment strategy to become more conservative as one gets closer to retirement.
  • Three pitfalls when saving for retirement are: not starting early enough, not saving enough, and investing too conservatively.
  • RMDs typically start at age 73.
  • FICA (Federal Insurance Contributions Act) taxes include Social Security and Medicare taxes, which are paid by both employers and employees.
  • Medicare taxes fund the Medicare program, which provides health insurance for individuals 65 and older and those with certain disabilities.
  • Social Security credits are earned based on annual income and are used to determine eligibility for Social Security retirement, disability, and survivor benefits.
  • 40 credits are required to receive social security benefits.
  • Fully insured means a worker has earned enough credits to be eligible for retirement benefits, currently insured means having earned at least 6 credits in the last 13 calendar quarters, transitionally insured refers to those who require fewer credits based on year of birth, and not insured means a worker has not earned enough credits.
  • Full retirement age for social security is 67 for those born in 1960 or later, and retiring earlier results in reduced benefits.
  • The replacement ratio is the percentage of pre-retirement income that is replaced by retirement income sources. It's calculated as retirement income divided by pre-retirement income.

Section 3 Lesson 3: Financial Resources and Planning

  • Finance/Money/Budgeting Websites:

    • Bankrate.com: Offers information on interest rates, personal finance, and financial tools.
    • Bureau of Labor Statistics: Provides data on employment, unemployment, and inflation.
    • Department of Labor: Sets standards for worker safety, wages, and benefits.
    • Dinkeytown.net: A local resource, details depend on the specific "Dinkeytown."
    • Federal Reserve Board: Oversees monetary policy and regulates banks.
    • Financial Calculators: Tools for estimating loan payments, retirement savings, and investment returns.
    • MSN Money Central: A website offering financial news, advice, and tools.
    • Moneychimp: Provides simple explanations of financial concepts and calculators.
    • Intuit’s Quicken: Personal finance software for budgeting, tracking expenses, and managing investments.
    • USA Today: A source for news, including financial news.
    • Yahoo Finance: Offers financial news, data, and analysis.
  • Real Estate/Mortgage/Legal Websites:

    • Realtor: A website for finding real estate listings and connecting with real estate agents.
    • Department of Housing and Urban Development: Addresses housing needs and enforces fair housing laws.
    • Federal Housing Administration: Provides mortgage insurance to lenders.
    • FSBO: For Sale By Owner, a platform for buying and selling real estate without an agent.
    • Home Finder: A portal for searching real estate listings.
    • NOLO: Offers legal information and resources for consumers and small businesses.
    • Trulia: A real estate website offering listings, market trends, and neighborhood insights.
    • Veteran's Administration: Provides housing assistance and other benefits to veterans.
    • Zillow: A popular real estate marketplace with listings and home value estimates.
    • HomeSnap: A real estate app that allows users to take pictures of homes to find information about them.
    • Redfin: A real estate brokerage offering online listings, agent services, and technology tools.
    • SQFT: Provides information and tools related to real estate and home values.
    • Xome: An online real estate auction and sales platform.
  • Car Shopping/Loan Rates Websites:

    • Bankrate auto app: Provides auto loan rates and tools for car shopping.
    • Virtual Wallet by PNC: Offers budgeting and banking tools.
    • Simple Loan Calculator: Calculates loan payments and interest.
    • LoanCalculator: Another tool for calculating loan payments.
    • iLoan: An online lending platform for various types of loans.
    • LeanBuddy: May refer to a personal finance or budgeting app.
    • DebtsMonitorFree: A service for tracking and managing debt.
  • 5 Steps to Achieve Financial Success: Specific steps not detailed, but generally involve setting financial goals, budgeting, saving, investing, and managing debt.

  • Practice Using the Financial Calculator from Social Security Administration: Refers to using the tools on the SSA website to estimate retirement benefits and plan for the future.

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