CFP Deck 3 Flashcards
What is the primary purpose of a revocable living trust?
Probate Avoidance
Gifts of future interests do not qualify for:
annual gift exclusions.
What is a GRAT?
Grantor Retained Annuity Trust - special type of GRIT - grantor retains a right to receive fixed percentage of initial contribution
What is a GRIT?
Grantor Retained Income Trust - grantor receives income from trust, at death passes to beneficiaries
What is a GRUT?
Grantor Retained UniTrust - similar to GRAT, except income stream is a fixed percentage of annual trust asset value, not initial contribution
Who pays tax on grantor trusts?
The grantor pays income tax, no the trust of its beneficiaries.
What are the two trusts for minors?
2503(b) (pays income, lifetime) and 2503(c) (accumulates income, cut-off at age 21)
Why are 2503(b) and 2503(c) trusts created?
To classify transfers to trusts that benefit minors as eligible for annual exclusion.
What is a Crummey Trust?
Trust agreement that allows the beneficiary to withdraw contribution made by the grantor to the trust.
Annuity vs Unitrust interest.
Annuity = fixed percentage of initial contribution; UniTrust = fixed percentage of trust assets annual value
Term Life Insurance
Life insurance contract that state if the insured dies within the term of the contract, the insurance company will pay the stated death benefit
Universal Life Insurance
Term Insurance Policy with a cash accumulation account attached
Whole Life Insurance
Provides guarantees from the insurer that are not found in term insurance and universal life insurance contracts
To qualify the use of alternate estate valuation day:
(1) total FMV of estate must depreciate after death (2) total estate tax due must less than amount calculated at death date
Value of assets if using alternate valuation date:
(1) All assets FMV 6 months after death (2) Except: Assets distributed before 6 months - valued at date of distribution or sale; And wasting assets (annuities, patents, royalties, installment notes, lease income) must be valued at death
§6166 Deferral of Estate Tax
Election to pay estate taxes over 14 year period; first years of payments = interest, 10 payments thereafter that amortize the estate tax
Eligibility for §6166 Deferral of Estate Tax
(1) FMV of business interest > 35% of adjusted gross estate (2) closely held business (3) entity must have been actively engage in conduct of business or trade at time of death
§6166 Deferral of Estate Tax: Closely Held Business
Sole proprietorship, partnership/corporation 20% or more total capital/voting stock interested included in gross estate OR less tan 45 partners/shareholders
“Pourover” Provision
Provision in will to make sure that assets from an estate transfer to a previously established trust.
A Note Receivable is forgiven in a will, what happens?
The value of the note is include in the gross estate, the forgiveness of the note then reduces gross estate as a bequeath
Life Interest
Controlling Interest for life
When does a durable power of attorney terminate?
A Durable Power of Attorney will not terminate in the event of disability or incapacity. A Durable Power of Attorney will terminate only in the event of the grantor’s death or upon withdrawal.
What is the main argument that favors the use of a revocable intervivos trust?
Probate costs are avoided by the use of a revocable trust.
Define: Codicil, Devisee, and Legacy
A Codicil is a document used to alter a will. A Devisee is a gift of real property through a will. A Legacy is a gift of personal property through a will.
Which trust for minors request annual distributions?
Answer: 2503(b). The 2503(c) trust does not require annual distribution of income. It is the 2503(b) trust that has this requirement.
How to value inherited/gifted stock?
The value of a gift of securities is the average of the high and the low on the date of the gift assuming the date of the gift is a trade date.
Split Dollar Life Insurance
Can fund Stock redemption, contract premium generally divided between the employee and the employer, death benefit generally divided between the employee and the employer.
GSST Age Gap
37 1/2 years (two generations)
Elements of completed gift
Intent, delivery, acceptance and relinquishment are all requirements for a completed gift to occur.
This trust allows income accumulation
Both the GPOA Trust and Q-Tip Trust require distribution of income at least annually to the spouse. A TPP Trust holds tangible personalty. Only the Estate Trust permits income accumulation.
Sprinkling Provision
A sprinkling provision allows the trustee to make payments of income or corpus to beneficiaries based upon specific needs.
Discretionary Provision
A discretionary provision allows trustees to distribute corpus or income, or not, as they determine is most prudent.
Spendthrift Provision
A spendthrift provision prohibits a trust beneficiary from assigning interests in the trust corpus.
Qualified Disclaimer:
Must be written, irrevocable and received by the executor of the estate within 9 months. It must not direct the asset and can be for any interest partial or full.
Elements of QPRT
Can only hold one residence, owner retains tax advantages, generated income taxed to donor
Estate Freeze
In the case of an estate freeze, the property transferred would be appreciating in value and any future gain would occur in the transferee’s estate.
What are the non-tax characteristics of a reverse or (reversionary) gift?
The gift, must be completed one year before death, is given with the intention that the donee receive it back with a step-up in basis.
A gift tax (form 709) must be filed if:
amount gifted to person is above $14,000, gift is split or a retained interest is held. Gifts to charities have unlimited transfers requiring NO gift tax filing.
Tax inclusive
Tax inclusive items are gift, inheritance and income that will be taxed, while tax exclusive items will avoid such taxation.
Community Property - Moving to Common Law State
Community property retains its character when a couple moves to a common law state. One-half of community property is subject to probate.
Reversionary interest
A reversionary interest is one that reverts back to the donor after some time or event.
Crummey Powers allow:
Crummey Powers allow for distribution of newly contributed funds to the trust corpus on a lapsing basis. Crummey powers transmute a future interest to a current gift.
What is a mutual will?
A mutual will is also referred to as a sweetheart will where both spouses leave all assets to each other.
In terrorem clause:
“No-Contest” clause
Pure Life Insurance:
Pure life stops when the first recipient dies.
One Year Term Insurance
One year term insurance is a dividend option.
Reduced Paid-up:
Non-forteiture provision in life insurance
Life Income Certain Period
Death proceeds to a spouse, with continued payments to children or other beneficiaries for a specific period of time after the death of the spousal beneficiary.
Residual benefits
cover partial disability
Collateral assignment is
a temporary transfer of some or all of the ownership rights whereby such rights revert to the assignor upon satisfaction of agreed-upon conditions.
Role of Adjuster
Assist in preparing the proof-of-loss statement and determine whether there was a covered loss covered
Comprehensive Personal Liability (CPL) policy
Provides coverage for legal liability stemming from business activities of the insured by use of a simple extension of coverage amendment
Modified Endowment Contract (MEC)
Once a contract is a MEC, it remains so even after a 1035 Exchange for a different policy. Any withdrawals are made on a LIFO basis.
Leasehold interest coverage
Covers favorable terms in a lease agreement should a fire render a building uninhabitable.
Extra Expense Insurance
Covers any extra expenses incurred to continued operation.
Business Interruption
Covers indemnity for businesses during the period where they are rebuilding and restoring after covered losses have forced a halt of business as usual.
Contingent Business Interruption
Covers expenses caused by the occurrence of a loss to a covered peril which the insured does not own.
Aleatory contract
One party pays more than the other party, The insurance contract is an agreement affected by chance occurring when the involved parties pay an unequal number of dollars.
Group Model HMO
Arrangement that is sometimes known as the network model.
Staff Model HMO
Corporation and medical staff members including doctors, nurses and clerical staff are employees of the HMO.