Estate Flashcards
Assets included in PROBATE estate
singly owned assets
TIC
Community property (1/2 @ death 1)
assets w/ bene as estate of the insured
Assets in GROSS estate
probate assets
non probate assets:
-JTWROS & TBE
-life insurance
-general powers of appointment
-GIFT taxes paid w/in 3 yrs. of death
marital deduction
UMLIMITED amount of property passes to spouse tax free
-must be incl. in decedent’s gross estate
-must ACTUALLY pass to surviving spouse
sale between basis and FMV (dep. gifts)
no gain or loss
sale> basis (dep. gifts)
gain
sale<FMV (dep. gifts)
loss
FMV>basis (apprec. gifts)
use adj. basis to determine gains/losses
gift in current tax year: max
exemption ($13.61M) + exclusion (18k) = $13.628M
gift tax EXEMPTION
$13.61M
gift tax EXCLUSION
$18k/yr. (2024)
included in gross estate of GRANTOR
pour over assets
PV of survivior benefit from a joint and survivor annuity
gift to CRT @ death for benefit of spouse
assets in FUNDED rev. trust
premium payor as incident of ownership?
DOES NOT mean insurance policy included in estate
DOES NOT mean incident of ownership
freezing techniques for estate tax purposes
GRAT
preferred sock
QPRT
private annuity
SCIN
tainted trusts & taxation
income taxable to grantor
Special use valuation election
real property
farm
residential development
Trusts that include HEMS for surviving spouse
trust that provides spouse w/stream of income for life & qualify for marit deduction
irrev. trust established to receive assets disclaimed by surviving spouse of decedent
PSC, want to remove from estate, lease prop without losing control of lease terms
use FLP
income to donor, at least 5% payout, fixed pmts.
CRAT
income to donor, at least 5% payout, variable pmts. inflation protection
CRUT
income to charity, only for period of time, then to non. charit. bene
CLAT/CLUT
$ to charity OR individual, $ for indefinite period of time
Private foundation
additions, $ to specific charity, Pool of $ from other donors
Pooled Income fund
no additions, fixed lifetime income to specific charity, no trust
charitable gift annuity
SS when on disability
starts @ month 6