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Estate Planning Terms
Accumulation
Trust: A trust that does not pay
out all of its income until certain circumstances occur.
Administration: Often, a
Court-supervised distribution of the probate estate of
the deceased is required. The person who manages this distribution
is called the Executor or Executrix if there is a Will,
or an Administrator if there is not. In the case of a
trust, the person may be called a Successor Trustee.
Beneficiary: The person who receives the benefit
from an estate, trust, retirement account, life
insurance policy, or Transfer on Death account.
Bequest:
Property given as a gift under the terms of a Will.
Bypass Trust (Also known as Credit Shelter Trust):
A trust designed to provide benefits to a surviving
spouse and increased shelter from estate taxes for the
estate.
Charitable Trusts: Trusts designed to combine
benefits to a charity with a benefit to non-charitable
beneficiaries. Pooled income funds, gift annuities and
deferred gift annuities can achieve similar goals.
Codicil: An amendment to a will. It is a separate
legal document, properly witnessed and executed.
Community Property: Method by which a married couple
owns property in some States (Not North Carolina)
whereby each spouse owns a one-half interest. Upon the
death of one spouse, the survivor's half remains with
the survivor, and the deceased's half becomes part of
their probate estate.
Credit Shelter Trust: Have sizable assets and
looking to shelter the maximum you can from your estate
taxes? Then explore a credit shelter trust. Remember, if
your estate exceeds a certain size, your surviving
spouse's estate may be subject to estate taxes on that
excess upon his or her death. So a credit shelter trust
is typically used to pass an amount equal to the estate
tax exemption into a trust when the first spouse dies.
The credit shelter trust then can provide income to the
surviving spouse or children. And upon the second
spouse's death, it can pass assets on to the beneficiary
free from estate taxes. This type of trust is designed
to ensure that a married couple receives the benefit of
both estate tax exemptions to which they are entitled.
Death Taxes: Amounts levied on the property of the
deceased called estate taxes (federal) and inheritance
(state) taxes.
Deed: A legal document that conveys title to a
property.
Donor: Person who makes a gift; the person who
receives the gift is
known as the donee.
Donor-advised fund: A charitable giving program
offered by an Internal Revenue Code Section 510(c)(3)
public charity that allow you to receive federal income
tax deduction for your irrevocable contributions in the
year you make your donation to the charity while giving
you the privilege to recommend grants to U.S. public
charities of your choice.
Durable Power of Attorney: A legal document that
enables an individual to appoint another person to act
on their behalf in the event they become disabled or
incapacitated.
Estate tax credit (or estate tax credit equivalent):
Federal estate tax credit that is equal to the tax on
the first $1,500,000 of the estate in 2004-2005. This
credit is applied towards estate taxes upon your death.
Tenants by Entirety: A legal registration in which
each owner has a full interest in the account or
property. Upon the death of one owner, the account or
property passes to the survivor. This registration is
restricted to spousal accounts and is not available in
all states.
Executor: (Also called a Personal Representative
or executrix) Person named in the will who is
responsible for managing the decedent's estate.
Family Limited Partnership: A partnership
arrangement designed for the transfer of business,
property or other assets from parents to children to
minimize estate tax liability and provide protection
from creditors.
Federal Estate Exclusion Amount: The amount an
individual can exclude from his/her estate for federal
estate tax purposes. In 2004-2005 it is $1,500,000 and
rises to $3.5 million in 2009.
Footnote: If "Net to beneficiaries" is less than 0,
this result may be caused by liabilities that exceed
assets. For married couples, this result could be caused
by entering individual liabilities while naming the
spouse as the beneficiary of individually owned assets.
As a practical matter, liabilities will be offset from
assets in calculating your estate tax and will be
settled from available estate assets. Consult with your
professional with regard to your particular situation.
You can rerun this illustration with different inputs to
test alternative scenarios.
Generation-Skipping Trust: By using your
generation-skipping tax exemption, this trust can permit
trust assets to be distributed to your grandchildren
without incurring either a generation-skipping tax or
estate taxes on the subsequent death of your children.
Gift
Annuity: Designed to exchange a charitable gift for
a fixed, lifetime annuity to its donor, beginning
immediately or at some future date (deferred gift
annuity).
Gift
Tax: Tax imposed on the transfer of property that
exceeds IRS annual and lifetime limits on gifting.
Gifting Allowance: (Also known as Annual Gift Tax
Exclusion) -- Currently $11,000/year-the amount you
can give away each year to as many individuals as you
choose without incurring federal gift tax or depleting
your unified credit equivalent.
Grantor Retained Annuity Trust: Trusts designed for
the transfer of business or property assets to shift
future appreciation to children through use of gift tax
rather than estate tax.
Guardian: Person named to represent the interests of
a minor child.
Health Care Proxy: (or Durable Power of Attorney
for Health Care) -- A type of power of attorney that
limits a designated individual's decision-making power
to your medical affairs.
more information
Intestate: Dying without a will. When this happens,
all property and assets that would otherwise be governed
by a will are passed to the deceased's heirs according
to state laws of intestacy. (read North
Carolina law regarding Property Distribution without a Will)
Irrevocable Life Insurance Trust: A trust that
cannot be modified or revoked once it is created, funded
by a life insurance policy, and designed to avoid estate
tax and provide liquidity to the beneficiaries.
Irrevocable Trust: An "irrevocable" trust that
transfers your assets out of your estate - and
potentially out of the reach of estate taxes. An
irrevocable trust cannot be altered after it has been
executed. One specific type of irrevocable trust is
called a "trust under will." This simply means that your
retirement plan assets will be transferred to a trust
that is specified in your will.
Joint Tenants with Right of Survivorship: When two
or more individuals jointly own assets, the interest of
a deceased individual owner automatically passes to the
survivor(s) upon his/her death.
Life
Insurance Trust: An irrevocable trust that is
designed to avoid estate tax and provide liquidity to
the beneficiaries.
Liquidity: The ability to buy or sell an asset
quickly or the ability to convert to cash quickly.
Living Trust: (Also called revocable trust) -
A trust that gives you the ability to pass trust assets
to your beneficiaries without the delay or expense of
probate.
Living Will: (Also called health care directive)
- specifies what, if any, life-saving measures should be
taken in the event you become terminally ill or
incapacitated.
more information
Pooled Income Fund: A fund designed to accept a
charitable donation and pay out lifetime income to the
donor or the donor and spouse.
Private Foundation: A tax-exempt organization
created for the purpose of ongoing charitable giving.
You are limited to a tax deduction of 30% of your income
for cash gifts and 20% of your income for most property
gifts compared to 50% and 30% limitations for
contributions to a public charity.
Probate: The legal process of settling an estate
during which the validity of the will is proven, the
deceased's assets are collected and accounted for, debts
and taxes are paid, and remaining probate estate assets
distributed. more
information
Qualified Personal Residence Trust (QPRT): A trust
designed for the transfer of ownership of a residence to
reduce estate tax. The transaction may, however,
incur gift tax.
Qualified Terminable Interest Property (QTIP) Trust: In
general, this type of trust is used to provide income
for your surviving spouse. Upon the spouse's death, the
assets would then go to the children from the first
marriage. A QTIP trust qualifies for the marital
deduction for federal estate tax purposes.
Revocable Trust (Living Trust): A trust that gives
you the ability to pass trust assets to your
beneficiaries without the delay or expense of probate.
Want to retain control of your assets during your
lifetime? Then consider a "revocable" trust. Just
remember that because the assets in the trust remain
under your control while you are alive, they're subject
to estate taxes when you die. Upon your death, the trust
becomes irrevocable.
more information
Roth
IRA: A special type of IRA where income taxes have
been paid on the assets contributed and withdrawals
(subject to certain requirements) can be made income
tax-free. However, assets in a Roth IRA are subject to
estate tax.
Gift
Tax: Tax imposed on the transfer of property that
exceeds IRS annual and lifetime limits on gifting.
Tenants in Common: Describes a situation where two
or more people own property without rights of
survivorship. In this case, each tenant's ownership
interest can be distributed to the beneficiaries they
designate in their will.
Testacy: Dying with a valid Will in place. All
property controlled by the Will passes through probate.
Transfer on Death
(TOD): A registration in which a securities
account is transferred directly to the designated
transferee(s) upon the owner's death.
Trust: A legal arrangement for the transfer of
property to a trustee for the benefit of a beneficiary.
Trustee: Person or institution responsible for
managing the assets placed into a trust.
Uniform Gifts to Minors Act (UGMA): A state law that
allows adults to contribute to a custodial account in
the name of a minor beneficiary without having to
establish a trust or name a legal guardian. Funds
transferred to an UGMA or UTMA account are irrevocable
gifts to the minor and may only be used for the benefit
of the minor. See also Uniform Transfers to Minors Act.
Uniform Transfers to Minors Act (UTMA): A state law
that extends the coverage of the Uniform Gifts to Minors
Act so that transfers to a custodial account in the name
of the minor beneficiary may be simplified. Funds
transferred to an UGMA or UTMA account are irrevocable
gifts to the minor and may only be used for the benefit
of the minor.
Unlimited Marital Deduction: Under current federal
law, the amount one spouse can transfer to another free
of estate tax (provided the recipient is a US citizen)
is unlimited.
Will: Legal document that defines how you want your
assets distributed at death; names an executor for the
estate and guardianship for minor children.
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