CLU - CFP Topics 53 - 73 Estate Planning: Wills and Will Substitutes Flashcards
- A method of transferring assets by a decedent at death
- Uses the Probate court to pay debts, pay taxes and make bequests to beneficiaries
Will
Transfer techniques at death that override the provisions of Wills
- JTROS & Tenants by Entirety
- Trusts
- TOD’s and POD’s
- Contracts
- Deeds
Title:
- At death of first party, assets are automatically transferred to the surviving party(s)
- Typically referred to a “By operation of law”
JTROS - Tenants by Entirety
Type of Trust:
- Subject to the terms of the trust and thus not subject to probate
Inter vivos trusts
Type of Trust:
- Created by the will and thus are implemented by the probate process
Testamentary trust
___ on death: a method of transferring securities to a named beneficiary at death
Transfers on death (TOD)
___ on death: a method of transferring a bank account to a named beneficiary at death
Payment at Death (POD)
Contracts have a very limited usage in estate planning as ___ ___.
will substitutes
Contracts in estate planning are limited to:
- 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
- Can be a will substitute
- Requires an escrow which is many times an attorney
Deeds
Will substitutes:
- Will substitutes ignore ___ ___ & ___ of the deceased
- Statute of ___ may run years after death
- Lack of ___ protection
- outstanding debts, taxes
- limitations
- legal