ANSWERS |ALL GRADED A+
Impediments to Achieving Estate Planning Goals - ANS.... --Unwillingness
to face mortality
-Procrastination
-Current Good Health
-Costs
-Lack of Knowledge
-Lack of awareness of the value of assets.
Consequences for Failing to Plan - ANS.... --Client's property transfer
objectives may go unfulfilled
-Transfer taxes may be excessive
-Other transfer costs may be excessive
-Client's family may not be properly provided for financially
-There may be insufficient liquidity to cover client's debts, taxes, and costs
at death.
Estate Planning - ANS.... -The process of accumulation, management,
conservation, and transfer of wealth considering legal, tax, and personal
objectives.
Decedent - ANS.... -A deceased person.
,Heirs - ANS.... -People who inherit under state intestacy laws.
Legatees - ANS.... -People who inherit under a valid will.
Donor - ANS.... -A person who gives a gift. (Must be competent to make
the gift, must have intent to make a voluntary transfer)
Donee - ANS.... -A person who receives a gift. (Must be competent to
receive the gift, Must take delivery, Must accept the property)
Effective Transfers - ANS.... -A goal of estate planning. When the
decedent's assets are transferred based on his wishes.
Efficient Transfers - ANS.... -A goal of estate planning. When transfer costs
are minimized.
Common Goals and Objectives of Estate Planning - ANS.... --Fulfill the
client's transfer wishes
-Minimize transfer taxes (Income tax issues, gift tax, generation-skipping
tax, estate tax, state inheritance tax)
-Minimize transfer costs (lawyer's fees, accountants fees, costs of
documents, court fees, transfer taxes)
-Maximize net assets to heirs.
-Provide liquidity at death, which is needed to pay for last medical, taxes,
and burial costs.
-Fulfill client's health care wishes.
Transfer Tax - ANS.... -Up to 40% in 2014.
, Common Transfer Objectives - ANS.... --Transfer property to desired
beneficiaries
-Minimize taxes, maximize assets to heirs.
-Avoid probate process
-Use lifetime transfers-gifts.
-Meet liquidity needs at death
-Plan for children
-Plan for incapacity of transferor
-Provide for needs of surviving spouse
-Fulfill charitable intentions of tranferor.
Unauthorized Practice of Law - ANS.... -Certain activities (drafting legal
documents) are reserved only for licensed attorneys. Financial planners
should refer clients to licensed attorneys for legal counsel.
American Taxpayer Relief Act of 2012 - ANS.... -Maintains unification of the
gift and estate tax regime, increases the applicable exemption for
generation skipping transfer, gift, and estate taxes to $5,340,000 in 2014
(indexes for inflation), and exacts a 40% maximum transfer tax rate on
excess transfers.
Wills - ANS.... -Legal documents providing the testator (will-maker) the
opportunity to control the distribution of his property at death; a will avoids
the state's intestacy law distribution scheme.
A will may be revoked or amended at any time by the testator as long as... -
ANS.... -The testator has legal capacity.
When is a will effective? - ANS.... -Only upon death of the testator.