CLU - CFP Topics 53 - 73 Estate Planning: Wills and Will Substitutes Flashcards

1
Q
  • A method of transferring assets by a decedent at death

- Uses the Probate court to pay debts, pay taxes and make bequests to beneficiaries

A

Will

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2
Q

Transfer techniques at death that override the provisions of Wills

A
  • JTROS & Tenants by Entirety
  • Trusts
  • TOD’s and POD’s
  • Contracts
  • Deeds
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3
Q

Title:

  • At death of first party, assets are automatically transferred to the surviving party(s)
  • Typically referred to a “By operation of law”
A

JTROS - Tenants by Entirety

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4
Q

Type of Trust:

- Subject to the terms of the trust and thus not subject to probate

A

Inter vivos trusts

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5
Q

Type of Trust:

- Created by the will and thus are implemented by the probate process

A

Testamentary trust

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6
Q

___ on death: a method of transferring securities to a named beneficiary at death

A

Transfers on death (TOD)

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7
Q

___ on death: a method of transferring a bank account to a named beneficiary at death

A

Payment at Death (POD)

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8
Q

Contracts have a very limited usage in estate planning as ___ ___.

A

will substitutes

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9
Q

Contracts in estate planning are limited to:

A
  • Life insurance contracts on the life of the decedent that are owned by the decedent
  • Retirement and pension plans owned by the decedent
  • Business contracts
  • Prenuptial agreements
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10
Q
  • Can be a will substitute

- Requires an escrow which is many times an attorney

A

Deeds

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11
Q

Will substitutes:

  • Will substitutes ignore ___ ___ & ___ of the deceased
  • Statute of ___ may run years after death
  • Lack of ___ protection
A
  • outstanding debts, taxes
  • limitations
  • legal
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