Estate Flashcards

1
Q

Assets included in PROBATE estate

A

singly owned assets
TIC
Community property (1/2 @ death 1)
assets w/ bene as estate of the insured

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2
Q

Assets in GROSS estate

A

probate assets
non probate assets:
-JTWROS & TBE
-life insurance
-general powers of appointment
-GIFT taxes paid w/in 3 yrs. of death

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3
Q

marital deduction

A

UMLIMITED amount of property passes to spouse tax free
-must be incl. in decedent’s gross estate
-must ACTUALLY pass to surviving spouse

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3
Q

sale between basis and FMV (dep. gifts)

A

no gain or loss

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3
Q

sale> basis (dep. gifts)

A

gain

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4
Q

sale<FMV (dep. gifts)

A

loss

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5
Q

FMV>basis (apprec. gifts)

A

use adj. basis to determine gains/losses

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6
Q

gift in current tax year: max

A

exemption ($13.61M) + exclusion (18k) = $13.628M

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7
Q

gift tax EXEMPTION

A

$13.61M

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8
Q

gift tax EXCLUSION

A

$18k/yr. (2024)

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9
Q

included in gross estate of GRANTOR

A

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

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10
Q

premium payor as incident of ownership?

A

DOES NOT mean insurance policy included in estate
DOES NOT mean incident of ownership

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11
Q

freezing techniques for estate tax purposes

A

GRAT
preferred sock
QPRT
private annuity
SCIN

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12
Q

tainted trusts & taxation

A

income taxable to grantor

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13
Q

Special use valuation election

A

real property
farm
residential development

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14
Q

Trusts that include HEMS for surviving spouse

A

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

15
Q

PSC, want to remove from estate, lease prop without losing control of lease terms

16
Q

income to donor, at least 5% payout, fixed pmts.

17
Q

income to donor, at least 5% payout, variable pmts. inflation protection

18
Q

income to charity, only for period of time, then to non. charit. bene

19
Q

$ to charity OR individual, $ for indefinite period of time

A

Private foundation

20
Q

additions, $ to specific charity, Pool of $ from other donors

A

Pooled Income fund

21
Q

no additions, fixed lifetime income to specific charity, no trust

A

charitable gift annuity

22
Q

SS when on disability

A

starts @ month 6

23
assets that get step up in basis & are liquid
whole life insurance & stocks
24
you own LI policy, are the insured & die
DB in you estate
25
spouse owns policy, you are insured, gift policy and die w/in three yrs.
DB in your estate
26
spouse owns policy, you are insured, gift policy & don't change bene
DB in estate (along with probate)
27
you own policy on your spouse who is the insured
replacement cost included in YOUR estate
28
you gift spouse's policy to your child
NOTHING in estate