CFP Estate Flashcards
Non community property
Income earned / assets owned prior to marriage
Received as gift or inheritance by one spouse
Community property step up
Full step up in basis (LTCG property only) if at least 50% is included in deceased’s gross estate
What assets do not get a step up in basis?
Profit-sharing plan (NEVER a step up in common or community)
CDs (not LTCG)
JTWROS
does NOT go through probate
passes to joint owners directly bypassing the will
would require attorney to sever joint tenancy which would change it to TIC
Non spouse joint owner
First to die gets 100% in gross estate unless other person can prove CONTRIBUTION
A gift of property is not deemed to be a contribution
TBE
can ONLY be held by spouses
no probate
cannot be disclaimed
transfer requires MUTUAL consent
Why? Protected from claims of ONE spouse’s creditors
TIC
Tenants in common
subject to probate
UNDIVIDED interest
no survivorship rights, just goes through probate/gross estate
Probate assets
ICET
Individually owned
Community
Estate as bene
Tenants in common
NOT Probate
JTWROS
TBE
POD / TOD
Totten Trust
Transfer by contract (beneficiaries) for IRAS, Qual plans, life ins, annuities
Deeds of title
Trusts
When is estate tax filing required?
Form 706
if gross estate plus taxable gifts > exemption amount
OR
if electing portability
Gross Estate
All probate
+
JTWROS/TBE
Life insurance (including any transferred w/in 3 years)
Gen power of appointment
Retained interests
and
GIFT TAXES PAID WITHIN 3 years of DEATH
GSTT paid within 3 NOT added back
Adjusted Gross Estate
After funeral expenses, admin expenses, debts, taxes, casualty losses
Taxable estate
Gross > AGE
Minus marital
and charitable deductions
BOTH UNLIMITED for US citizen spouse
property must actually pass to spouse (Exception: QTIP)
Which ownership types are disclaimable?
JTWROS
Sole ownership
Tenants in common
Exception:
Tenants by Entirety
Think “E” for exception
USDA
Uniform Simultaneous Death Act
IF two people die within 120 hours = 5 days
Totten trust
Like a POD/TOD
Which assets get step up?
LTCG - stocks, mututal funds, Home, Life insurance death ben (amount over premium paid)
NOT ordinary income producing
Vehicles, IRAs, CDs, 401k, Var Annuity
Testamentary trust
created by will after probate
Estate / Gift
Exemption vs Exclusion
Annual Exclusion: $18K
Lifetime Exemption: $13.61M
Total: $13,628,000
Estate Tax Base
Gross > AGE > Taxable Estate
PLUS Adjusted Taxable Gifts (amounts > annual exclusion)
= Tax Base
Estate Tentative Tax
Gross > AGE > Taxable Estate > Tax Base
LESS estate tax deduction
* 40%
= Tentative Tax
Net Estate Tax
Gross > AGE > Taxable Estate > Tax Base > Tentative Tax
Less Gift Taxes Paid
=
Net Estate Tax
What assets might not be included in the gross estate at FMV?
Life estates
Remainder interests
Reversionary interests
Single (pure) life annuities
When is life insurance included in estate?
Decedent is insured:
Proceeds paid to executor of estate
Decedent at death possessed an incident of ownership in the policy
Insured transferred a policy with incident of ownership within 3 years of death
IF SOLD for value (vs gifted), nothing is included (VIATICAL) except cash value rec’d
If SPOUSE or someone else is the insured:
Replacement cost of policy included in your estate
If gifted to child, nothing included
What is an incident of ownership in life insurance?
Right to assign, terminate, borrow against, name bene’s, change bene’s
NOT paying premium