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Estate Planning
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Three Financial Stages of Life
Creation Conservation
Distribution
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The Objective of Estate
Planning: Distributing your financial asset wisely.
Yourh
ard
earne
dpossession s
houl
dgoto those whom you wish to support.
Tax saving.
Avoiding family fight.
Cost effectiveness.
Financial security in case of a mishap.
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To arrange for the orderlydispositionof assets in accordance with theintentions of the estate owner.
The Objective of Estate Planning
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What is estate ?
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What is Estate Planning?
Estate planning is a process.
It is a lifetime process.
The estate planning process hasfinancial dimensions.
The estate planning process has
equally important non-financialdimensions.
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Non-Financial Considerations
Disability protection.
Peace of mind byproviding for a
spouse. Peace of mind by
providing for children,grandchildren, andparents.
Family businesssuccession.
Selecting a trustee,
guardian, conservator and
personal representative.
Avoiding family conflicts.
Basic funeral
arrangements.
Organ donation decisions.
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Financial records.
Liquidity in the event of disability ordeath.
Liquidity to pass a family business
Deciding who takes what, when, and howmuch.
Minimizing transfer costs (taxes, courtfees, advisor fees, etc.).
Minimizing liability.
Financial Considerations
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If you are married
If you never married
New life styles The opportunity cost of
rationalizing
Analyze the personal aspects
of the estate planning
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The legal aspects of estate
planning Marriage certificate Birth certificates
Legal name changes Otherof additional important documents
Insurance policies
Transferrecord of joint bank account Safe deposit box records
Registration of automobiles
Title of stock and bond certificates10
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will
The legal declaration of apersons mind as to the
disposition of his or her
property After death.
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Will
Set of instructions.
Who takes what, how much,when, and under whatcircumstances.
No effect until death.
Trusts can be established in wills.
Can designate guardians &conservators for minors in wills.
Wills require probate.
Deceaseds
Estate
Beneficiaries
Net
Estate
Net
Estate
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Probate
Settling An EstateWith Court
Supervision
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Beneficiary Designation
Designating beneficiaries under lifeinsurance contracts or IRAs.
Unaffected by provisions in will andtrusts.
Unplanneddesignations can resultin unintendeddispositions and taxconsequences.
Should be coordinated with overallestate plan.
Asset
Mom
Dad
Owner
Designated
Beneficiary
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Types of will
Simple will
Traditional martial share will Exemption will
State dollar amount will
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SIMPLEESTATE PLANSIMPLEESTATE PLANEverything passes toWife at Husbands DeathAssumes Wife OwnsRs,1,000,000 Outright.
Calculations assume (1) the state death tax equals the
maximum state death tax credit allowable for federal
estate tax purposes and
(2) probate and other administration expenses are
zero.
Assumes both spouses die in
2011 without use of Applicable
Credit at first death
Ultimate Benefit to Children
Rs. 2,055,000
Current Estate
of Decedent
Rs.2,000,000
Marital Share
(Surviving Spouse)
Rs.2,000,000 Marital Share
Rs.1,000,000 Already Owned
Rs.3,000,000 Surv Sp Estate
Approximate Taxes on
Rs.3,000,000 upon
Surviving Spouses Death
Rs. 945,000
Maximum
Marital Deduction
Formula
Also known as I
love you will
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Traditional martial share will
Adjusted
gross estate{= gross
estate (debt+cost )}
Rs. 2,000,000
To the spouseRs.1,000,000+Rs.1,000,000
To Others
(children, otherheirs orbe held trust for the
family )
Rs. 1,000,000
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Children's
Rs. 2,500, 000
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Exemption trust will
Rs 2,000,000
YourEstateExemptions
Rs. 4,000,000
What your spouse getsmay be more than whatyou estimated!!!!!!!!!!!!
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Stateddollaramount will
YourEstate
Rs.2,000,000
Spouse
Rs. 1,000,000
Children
Rs. 500, 000
Others
Rs. 500,000
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Holographic
will
Formal
will
Statutory
will
Formats of will
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Steps of writing a will
Selects executor
Selecting an guardian
Finalizing will / altering& rewriting yourwill
Living will
Powerof attorney
Letterof lastinstruction
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Types of trust and estate What is a trust ?
Who is a trustor?
Revocable trust
Irrevocable trust
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Benefits of a Trust
Reduce orotherwise provide forpayment of estate taxes.
Avoid probate and transferyourassets
immed
iately to your
beneficiaries
Free yourself from management of your
assets while you receive a regular
income from the trust.
Provide income fora surviving spouse
orotherbeneficiaries.
Ensure that yourproperty serves a
desired purpose.23
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Types ofTrusts Credit shelter trust
Disclaimer trust
Living or intervivos trust
Testamentary trust
Life insurance trust
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Estate
Everything you own is your trust, such
as
Cash and bank accounts Stocks and bonds
Life insurances, employee benefit
Home and otherreal estate Notes accounts and claims receivables
Antiques and othercollections25
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What Is YourEstate?
in a nutshell
EVERYTHING YOU O
WN
less
EVERYTHING YOU OWE
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Federal Estate and Gift
Exclusion Amounts
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Year Maximum Rate Estate
Exclusion
Gift Exclusion
20034
9% $1.0 million $1.0 million2004 48% $1.5 million $1.0 million
2005 47% $1.5 million $1.0 million
2006 46% $2.0 million $1.0 million
2007 4
5% $
2.0 million$1.0 million
2008 45% $2.0 million $1.0 million
2009 45% $ 3.5 million $1.0 million
2010 35% Gift Repealed $1.0 million
2011 55
%+5
% $1.0 million
$1.o million
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ESTATE TAX CALCULATION
WORKSHEET - 2008
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Gross Estate 2,500,000
-Debts & Admin. Expenses 100,000
-Marital Deduction 0
-Charitable Bequests 50,000
Taxable Estate 2,350,000
+Adj. TaxableGifts 30,000
Taxable Amount 2,380,000
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ConclusionThe most carefully crafted estate plan
which is not implemented is the same ashaving no plan.