estate planning Flashcards
What is a living will?
It is a medical document that tells doctors and family members what kind of care you want if you become incapacitated and cannot express wishes.
What is a holographic will?
A holographic will is one you write with your own hand
What are Specific gifts?
particular item or property in an estate transferred to beneficiary on owner’s death. Specifics must be provided. (house, jewelery, etc.)
Non-specific gifts
does not refer to specific item. (all my personal possessions)
Residuary gifts
everything left in estate after all debts, bills and taxes have been paid and specific and non specific gifts have been distributed
Gifts to children
executors will keep for safekeeping gifts to children under 18 until they become of age unless will specifies guardian or parents take receipt of gift on child’s behalf
Gifts to charities
Gifts left to charity in will are free from inheritance tax.
grantor
person who forms the trust and supplies the assets
trustee
person named in the trust to administer the trust according to the terms and state trust law
beneficiary
the person for whose benefit the trust property is held by the trustee
intent from grantor
must have a valid legal purpose
property
asses subject to the trust
living trust
trust in which you assign the management of your assets to a trustee while you are living
revocable living trust
living trust that can be dissolved
irrevocable living trust
living trust that cannot be changed, although it can provide income to the grantor
Types of Wills
A Living Will,Oral Will,Testamentary Will,Holographic Will
Elements of wills 1
name and place of residence,
description of assets
elements of wills 2
names of spouse, children and other beneficiaries,
alternate beneficiaries
elements of wills 3
specific gifts
establishment of trust if desired
Elements of wills 4
cancellation of debts owed to you
name of executor to manage the estate
Purpose of a Will
Ensures the estate is distributed as desired
purpose of a will 2
Beneficiaries (heirs), the persons specified in will receives a part of an estate
Purpose of a will 3
T prevent the courts from assigning an administrator who may not carry out your wishes.
estate
assets of a deceased person after all debts are paid.