retirement: the big three for your consideration thursday, september 20, 2007

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Retirement: The Big Three for Your Consideration Thursday, September 20, 2007

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Page 1: Retirement: The Big Three for Your Consideration Thursday, September 20, 2007

Retirement:The Big Three for Your

ConsiderationThursday, September 20, 2007

Page 2: Retirement: The Big Three for Your Consideration Thursday, September 20, 2007

Disclaimers!• Under requirements imposed by the IRS, we inform you that, if any advice

concerning one or more U.S. federal tax issues is contained in this communication (including any attachments), such advice was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any transaction or tax-related matter addressed herein.

• And, the information discussed in this seminar today should not be construed or taken as legal advice, nor should it be construed, taken, or used as legal advice or counsel. As each person’s need for legal advice or counsel must be based on his or her unique set of circumstances, you are urged to consult the attorney, CPA, CFP, or other professional advisor of your choice to render such legal or other professional financial and tax advice based on your unique circumstances.

• Any opinions expressed are the speaker’s, not those of ETSU or affiliated organizations.

Page 3: Retirement: The Big Three for Your Consideration Thursday, September 20, 2007

An Overviewof

THE BIG THREE

1. Last Will and Testament/Revocable Living Trust

2. Powers of Attorney

3. The Advance Directive (“Living Will”)

Page 4: Retirement: The Big Three for Your Consideration Thursday, September 20, 2007

Estate DistributionOnly Three Places

Family Charity Government

Page 5: Retirement: The Big Three for Your Consideration Thursday, September 20, 2007

Two Concepts to Know

1. The Probate Estate

2. The Federal Gross Estate

Page 6: Retirement: The Big Three for Your Consideration Thursday, September 20, 2007

Asset Ownership1. Individually

2. Tenants in Common3. Tenants with Rights of Survivorship

4. Tenants by the Entirities5. Community Property

6. Transfer on Death (T.O.D.)

Page 7: Retirement: The Big Three for Your Consideration Thursday, September 20, 2007

A Probate Estate is…

• The Estate for distribution purposes, and

• Property passed by will or intestacy laws.

Page 8: Retirement: The Big Three for Your Consideration Thursday, September 20, 2007

Why Probate?• To settle the Decedent’s debts and to

resolve claims against the estate

• To establish title to the assets owned at death

Page 9: Retirement: The Big Three for Your Consideration Thursday, September 20, 2007

May I title property to avoid probate?

• Property owned by joint tenants with right of survivorship

• Property owned by tenants by the entirety

• Life insurance proceeds payable at death to a named beneficiary

• Does avoidance of probate equal avoidance of taxes? No!

Page 10: Retirement: The Big Three for Your Consideration Thursday, September 20, 2007

So, what’s in the Federal Gross Estate?

• Property (real and personal) owned by the Decedent at death

• Incidents of ownership • Life insurance death benefits• Certain gifts• Business-related interests

Page 11: Retirement: The Big Three for Your Consideration Thursday, September 20, 2007

Do I really, really need a Will?

• Maybe not---if you like the state’s “one-size fits all” plan for you (and everyone else) under the intestacy laws

• I don’t have any heirs at law, so I’m comfortable with the state of Tennessee receiving my estate (escheats)

• I’m OK with the judicial system choosing the guardians for my minor children

• Well, I’ve titled my assets to avoid probate, haven’t I?

• Yes, if I want to remember charitable organizations

Page 12: Retirement: The Big Three for Your Consideration Thursday, September 20, 2007

Advantages of a Will

• You may generally control the disposition of your assets at death to heirs (spouse, children, grandchildren, charities, friends)

• You may choose your Executor• You may choose a Guardian for minor children• Pass along your legacy, your values• Effective stewardship, effective tax planning• Peace of Mind

Page 13: Retirement: The Big Three for Your Consideration Thursday, September 20, 2007

Requirements for a Valid Will

• Yes, in Tennessee, you can handwrite you own Will (a holographic Will)

• If typed, then two witnesses or Attestation Clause (self-proving)

• Disposing memory/capacity• Was not made under duress or undue influence• Signed by the Testator (if typewritten, in the

presence of witnesses and notary if Attestation Clause utilized)

Page 14: Retirement: The Big Three for Your Consideration Thursday, September 20, 2007

FAQs regarding Wills• Can I use a form at the Stationery store?• Where should I keep my executed Will? What if my

Executor cannot find my Will?• What if I want to change or update my Will?• Can’t I just verbally tell a trusted person prior to my

death how I want my property to be disbursed?• Does the lawyer really invite the beneficiaries to gather

to read the Will? • Should I do a separate letter to my executor or others

(location of my Will, burial instructions, e.g.)• How may I disinherit my spouse and my children? Can I

really leave a bequest to my dog?

Page 15: Retirement: The Big Three for Your Consideration Thursday, September 20, 2007

Why We Don’t Make Wills

• Busy with Life?• Too Little Property?• Too Expensive?• Don’t Like Legal Documents?• Unable to Know Future?• Don’t Plan to Die?

Page 16: Retirement: The Big Three for Your Consideration Thursday, September 20, 2007

The Revocable Living Trust: Who needs a Will?

• The advantages of the RLT include privacy as you don’t have to probate the RLT

• You may serve as your own Trustee• Disadvantages to consider include “re-

titling assets,” higher initial costs, and may/probably still need a Will for property not included in the Living Trust

Page 17: Retirement: The Big Three for Your Consideration Thursday, September 20, 2007
Page 18: Retirement: The Big Three for Your Consideration Thursday, September 20, 2007

Tax Patriot

“I'm proud to be paying taxes in the United States. The only thing is --I could be just as proudfor half the money.”

- Arthur Godfrey

Page 19: Retirement: The Big Three for Your Consideration Thursday, September 20, 2007

Taxes At Bedtime

“And now I lay me down to sleep. I pray the Lord my soul to take.If the tax-collector hasn't got it before I wake.”

- Ogden Nash

Page 20: Retirement: The Big Three for Your Consideration Thursday, September 20, 2007

Estate and Gift Tax Rates and Exemptions

Year Top Estate Tax Rate Estate Tax Exemption Top Gift Tax Rate Gift Tax Exemption

2002 50% $1 million 50% $1 million

2003 49% $1 million 49% $1 million

2004 48% $1.5 million 48% $1 million

2005 47% $1.5 million 47% $1 million

2006 46% $2 million 46% $1 million

2007 45% $2 million 45% $1 million

2008 45% $2 million 45% $1 million

2009 45% $3.5 million 45% $1 million

2010 0% Repealed 35% $1 million

2011* 55% $1 million 35% $1 million

* Estate tax reform of 2001 sunsets in 2011. At that time the law reverts back to rules in place in 2001.

Page 21: Retirement: The Big Three for Your Consideration Thursday, September 20, 2007

Who me? Why should I worry about taxes?

• Rule #1: Remember, look at the Federal Gross Estate, not the Probate Estate.

• Rule #2: Effective planning can maximize the use of the Marital Deduction with Credit Shelter/Bypass Trust arrangements

• Rule #3 Consider using IRAs/Retirement accounts for charitable bequests

• Rule #4 Don’t forget the Tennessee inheritance tax!• Rule #5 Life Insurance can increase the value of your

estate if owned by the Decedent• Rule #6 Consider giving assets away to children,

grandchildren, others with the $12,000 yearly exclusion from gift tax

Page 22: Retirement: The Big Three for Your Consideration Thursday, September 20, 2007

Before we leave Wills/Living Trusts…

• QTIP Trusts---Second spouse, children from first marriage

• Be careful of the “I Love You—All to Spouse Will” as you may forfeit your federal exemption and create a taxable estate when the surviving spouse dies

• Charitable Remainder Trusts/Wealth Replacement CRTs

• Charitable Gift Annuities

Page 23: Retirement: The Big Three for Your Consideration Thursday, September 20, 2007

Powers of Attorney—Financial

• Durable General Financial Power of Attorney

• Enables the holder of the power to act in your stead for financial matters

• “Durable” means the power is not affected by the principal’s subsequent incapacity

• If the principal so chooses, the power can be effective upon disability or incapacity

• Can nominate a Conservator

Page 24: Retirement: The Big Three for Your Consideration Thursday, September 20, 2007

Powers of Attorney-Healthcare

• Tennessee law provides for Durable Powers of Attorney for Healthcare

• Recent changes in Tennessee law allows execution of the HC Power of Attorney attested only by a notary public or observed by two witnesses (at least one witness not related to the principal, or not a beneficiary to principal’s future estate)

Page 25: Retirement: The Big Three for Your Consideration Thursday, September 20, 2007

The Advanced Directive

• The “Tennessee Health Care Decisions Act” encompasses:

*Appointment of Health Care Agent *Advance Care Plan *Physician Order for Scope of Treatment *Appointment of Surrogate

Page 26: Retirement: The Big Three for Your Consideration Thursday, September 20, 2007

For more information, please contact:

• ETSU University Advancement

PO Box 70721

Johnson City, TN 37614

423.439.5352

[email protected]

THANK YOU! Happy Planning!