Post Retirement Income Flashcards
Concept
the person whose estate planning wishes are documented in the will
testator
Concept
minor changes in a will instead of revoking the existing will and writing a completely new one
codicil
items to include in your will
- what property to include
- who will inherit which assets
- identify an executor
- choose a guardian for your children
- select someone to manage a child’s inherited assets
- sign your original will in front of witnesses who also will sign and make photocopies
fill in the blank
When a person dies without a valid will, the deceased is assumed to have died ____
intestate
describe
intestate process
- probate court first ensures that the debts, income taxes, and expenses of the deceased are paid
- after payments are made, the probate court will divide all property and transfer assets to the legal heirs according to state law
strategies for
unmarried couples and estate planning
transfer assets to each other as nonprobate property using the advantages of
* beneficiary and payable-on-death designations
* joint ownership with right of survivorship
* revocable living trusts
Concept
is an assumption in state law that presumes that wedded couples share their fortunes equally
partnership theory of marriage rights
Concept
acquisition of property during a marriage and titled in the name of only one spouse
becomes the property of both spouses
Exceptions
acquisition of property during a marriage and titled in the name of only one spouse becomes the property of both spouses
- acquired by gift
- acquired by inheritance
what does the law assume about the rights of the spouse after the death of the other spouse
that the surviving spouse owns half of everything that bot partners earned during the matter how much was actually contributed by either partner or even if only one spouse held legal title to the property
Concept
is a legal arrangement between you as the grantor or creator of the instrument and the person designated to control and manage any assets
trust
Concept
- these trust are established while the grantor is alive
- list types
- living trusts take effect while the grantor is alive, and;
- testamentary trusts that go into effect upon death
Concept
- is used to protect and manage a person’s assets, and it is a substitute for a will
- can be used to avoid probate court
- grantor maintains the right to change its terms or cancel at any time
revocable living trust
Concept
is an arrangement in which the grantor relinquishes ownership and control of property while living
irrevocable living trust
Properties
irrevocable living trust
- is an arrangement is which the grantor relinquishes ownership and control of property while living
- usually involves a gift of the assets to the trust
- the grantor gives up three key rights: (1) right of control, (2) change of the beneficiaries, and (3) change of the trustees
- transfers to a trust made within 3 years of death may be brought back into the decdent’s estate
concept
is a trust to boost your current income
irrevocable charitable remainder trust (CRT)
effective use of
irrevocable CRT
- is popular for people who want to leave a portion of their estate to charity because doing so can boost one’s income during the grantor’s lifetime
steps
irrevocable CRT
- you set up the trust and irrevocably give it assets
- the trust then pays you income from the assets in the trust for a set period, usually for life
- the projected future value of the gift can be discounted to a present value
- this amount can then be written off as a charitable contribution on one’s current income tax return, saving even more money
who does a CRT work well for
a CRT works well for people who show wealth on paper because of appreciated assets
Concept
- becomes effective upon the death of the grantor
- can be designed to provide money or asset management after the grantor’s death
testamentary trusts
Concept
prepared along with their will that may contain preferences regarding funeral and burial instructions, organ donation wishes
letter of last instructions
Concept
is a tax imposed by the IRS on property that is transferred from an estate after a decedent’s death
federal estate tax
Properties
federal estate tax
- is a tax imposed by the IRS on property that is transferred from an estate after a decedent’s death
- the tax is not imposed until that total value of an estate exceeds a certain threshold
- the threshold is very high
- it is a tax on the decedent’s estate, not the beneficiary’s inheritance
Define
federal estate tax exemption amount
- The threshold where estate taxes start—$11,400,000 for individuals; $22,800,000 for families
- This is the amount an individual may pass to heirs during his or her lifetime without estate tax consequences
exemption amount
estates
- tax law exempts the first $11,400,000 of a individual’s gifts made and estates of decedents
- tax rate on estates valued above this amount range from 18 to 40 percent
- a married couple will be able to shield twice as much—$22.8 million
annual exclusion amount
gift tax
$15,000
Fill in the blank
state estate and inheritance taxes are often referred to as ____ as they result because of someone’s death
death taxes
Concept
twelve states and the District of Columbia have a ____, which are charged against the estate regardless of who inherits the assets
state estate tax
Concept
____ usually are coupled with the federal estate tax, so when the federal estate is zero, ____ are also zero
states estate taxes; state taxes
Concept
is levied on the transfer of assets to heirs who receive the property
inheritance tax
Concept
who pays the inheritance tax
the heirs
Hannah lists her mother as the person to inherit her life insurance upon her death.
What is Hannah’s mother called in this situation?
Beneficiary
Executor
Codicil
Payable-upon-death designee
Beneficiary
The beneficiary is the person designated to receive a benefit upon someone’s death.
Loto met with a lawyer to create a will. He left his assets to his brother.
What is the brother called in this situation?
Guardian
Beneficiary
Executor
Heir
Heir
an heir is the person named in the will or entitled by law to inherit assets
Two people bought a house together. Upon the death of one of them, they want to be sure the other immediately receives the property by law rather than through a will.
Which type of transfer should they have in place?
A trust
A revocable living trust
Joint tenancy
Payable-on-death designation
Joint tenancy
Joint tenancy with right of survivorship, also called joint tenancy, immediately transfers the property to the surviving party by law rather than by provisions of a will
Malik has a life insurance policy at work. He needs to list the primary person who will receive his life insurance upon his death.
Which transfer by contract method should he use?
Transfer by beneficiary designation
Transfer by joint tenancy
Transfer by payable-on-death designation
Transfer by will
Transfer by beneficiary designation
A beneficiary is the person who will receive the life insurance paid upon Malik’s death
A person has a savings account with a payable-on-death designation.
What does that designation mean?
A designee will receive the funds in this account after the owner’s death but cannot access them while the owner is alive.
A designee is able to dispose of the account while the owner is still alive, to ensure the owner’s wishes are carried out after death.
A designee has access to the savings account now and will inherit the account immediately upon the owner’s death.
A designee is an equal account holder and is entitled to 50% of the funds upon the owner’s death.
A designee will receive the funds in this account after the owner’s death but cannot access them while the owner is alive.
Payable-on-death designation refers to the person who will receive the funds after the account owner’s death. The designee cannot access the funds while the owner is still alive.
Which type of trust becomes effective upon the death of the grantor and provides money or asset management after death for the heirs’ benefit?
Revocable living trust
Irrevocable living trust
Testamentary trust
Irrevocable charitable remainder trust
Testamentary trust
These trusts can provide money or asset management after death to provide income for a spouse and children, grandchildren, or others.
What are two reasons to transfer assets via a trust rather than a will? (Choose 2 answers.)
To designate a guarantor
To avoid battles over the will
To avoid probate court
To ensure that changes can be made after death
- to avoid battles over the will
- to avoid probate court
“To avoid battles over the will” is correct. If there is a fear of a battle over the will by potential heirs, it is best to create a trust to transfer assets.
“To avoid probate court” is correct. A trust is a legal agreement with a trustee to manage assets to the benefit of the heirs.
Ren and Talia want to establish a trust through their will that will provide asset management for their grandchildren, the heirs of this trust, upon their death.
How would Ren and Talia manage this?
Establish a testamentary trust
Establish a living trust
Establish an inter vivo trust
Establish an irrevocable charitable remainder trust (CRT)
Establish a testamentary trust
A trust can be established to minimize inheritance taxes and to restrict how funds can be spent.
What happens when someone passes intestate?
The primary beneficiary named in the will is asked to become the executor of the will.
Probate court is required to ensure that the estate is disseminated according to one’s wishes.
The executor of the will is tasked with distributing the decedent’s property as instructed in the will.
The estate will go through probate and the state will decide how to distribute assets.
The estate will go through probate and the state will decide how to distribute assets.
The estate of a person who dies intestate—that is, without a will—goes through probate and pays higher estate taxes. Debts are paid off first, and any assets left over will go to living relatives, or the state if there are no relatives.
Fill in the blank
Most retirement plans offered by employers are called ____
qualified plans
Concept
retirement plans offered by employers that qualify for special tax treatment under regulations of ERISA
qualified plans
Define
qualified plans
employee retirement plans that qualify for special tax treatment under regulations of ERISA
Concept
A law that regulates employee retirement plans, but does not require companies to offer retirement plans
Employee Retirement Income Security Act (ERISA)
Supreme Court ruling
ERISA
The U.S. Supreme Court held that the ERISA law requires retirement plan sponsors to be legally responsible to continuously monitor investments in their retirement savings plan and, if necessary, remove imprudent investments
Concept
was established by ERISA to protect the interests of employee benefit plan participants and their beneficiaries.
Pension Benefit Guaranty Corporation (PBGC)
Describe
Pension Benefit Guaranty Corporation
- established by ERISA to protect the interests of employee benefit plan participants and their benficiaries
- the per-participant flat premium rate for a plan year is $80 for single-employer plans
- rates are indexed to inflation
List
two types of employer-sponsored retirement plans
- defined-contribution retirement plan
- defined-benefit
Concept
- voluntarily offered by an employer and designed to provide a retiring employee a lump sum at retirement
- this is the most popular retirement plan offered by employers
defined-contribution retirement plan
Concept
If the employee says “yes” to participating in a employer-sponsored retirement plan, the employee must make regular contributions
defined-contribution retirement plan
Concept
money to fund the retirement plan is contributed only by the employer
noncontributory plan
Concept
money to fund the retirement plan is contributed to by both the employer and employee, or solely by the employee
contributory plan
Concept
are so described because the employee controls where the assets in their account are invested
self-directed plans
Concept
is the process by which employee accrue nonforfeitable rights over their employer’s contributions that are made to the employee’s qualified retirement plan account
vesting
according to ERISA
what can employers require regarding vesting
that the worker must work with the company for 3 years before vesting begins
Concept
An employer may permit full vesting after 3 years
cliff vesting