/
Annie’s Project – Education for Farm Women Annie’s Project – Education for Farm Women

Annie’s Project – Education for Farm Women - PowerPoint Presentation

ellena-manuel
ellena-manuel . @ellena-manuel
Follow
369 views
Uploaded On 2018-03-12

Annie’s Project – Education for Farm Women - PPT Presentation

Annies Project Education for Farm Women a 501c3 organization Estate Planning Part Three Transferring Assets Use of Trusts DPA Long Term Care Insurance Homework Review Did you look at your net worth statement ID: 648163

estate trust assets property trust estate property assets insurance care death life power durable attorney trusts term settlor health

Share:

Link:

Embed:

Download Presentation from below link

Download Presentation The PPT/PDF document "Annie’s Project – Education for Farm..." is the property of its rightful owner. Permission is granted to download and print the materials on this web site for personal, non-commercial use only, and to display it on your personal computer provided you do not modify the materials and that you retain all copyright notices contained in the materials. By downloading content from our website, you accept the terms of this agreement.


Presentation Transcript

Slide1

Annie’s Project – Education for Farm Women

Annie’s Project – Education for Farm Women

a 501(c)(3) organization.Slide2

Estate Planning Part Three

Transferring Assets

Use of Trusts

DPA

Long Term Care InsuranceSlide3

Homework Review

Did you look at your net worth statement?

Did you look at the trend in net worth?

How are your assets balanced out between farm

and

non-farm assets?

What are sources of retirement cash flow? Slide4

Methods to Transfer

Contract

Life Insurance, Annuity

Transfer prior to death

Complete severance

Retained rights

Tenants in Common – goes to heirs

Joint Tenancy (rights of survivorship)

Ownership vests to survivors

Probate

Will

State lawSlide5

Your Farm Business

Good Will?

Land

Buildings

Bushes

Fruit

Trees

Perennial Plants

Machinery

Breeding

Livestock

Inventory

-Crops

- Supplies

- Market LivestockSlide6

Land

Buildings

Bushes

Fruit

Trees

Perennial Plants

Machinery

Breeding

Livestock

Inventory

-Crops

- Supplies

- Market Livestock

Parent Business

New Business

Cash Rent

Cash Rent

“Rent to Own”

Installment Sale

Sell in parent business name? Gift?

Cash Rent

$00.00

Operating

BusinessSlide7

Basic Estate Planning for Everyone

Reduce the number of times assets can be taxed

Income

and estate taxes

Review how property is owned

Check and update wills

Durable Power of Attorney

Durable Power of Attorney for Health Care

Patient Advocate FormSlide8

Taxable Estate Less Than $5.45 Million

Sales

and leases of business property

Perhaps some bargain sales and gifts

Insurance for risk

Trust

Management needs

Disability

Elderly years

Dependent ChildrenSlide9

Taxable Estate $5.45 to $10.9 Million

All previously listed

Split estate to capture both $5 million exemptions

Separate Sole Proprietor ownership

Tenancy in Common

Trust for splitting the estate and management

Bargain sales and giftsSlide10

Taxable Estate Over $10.9 Million

All of the above

Gifts become more important tool

Insurance to pay the tax

Charitable contributions

Get

income-producing

assets to heirs

Bargain sales and gifts

Use Special Use Valuation 2032A

Don’t worry about itSlide11

Liquidity

Cash

Life Insurance

15-year

installment payments if qualified

BorrowingSlide12

Terminology of Trusts

Property Corpus:

The assets that are held in trust (also called trust res, trust

assets

, principal, or trust estate

)

Trustee:

Holds title to trust property; manages the trust

propertySlide13

Terminology of Trusts cont’d

Beneficiary

:

Person or institution for whose benefit trustee owns and manages the trust property

Document (Trust

Instrument

):

Document that embodies the terms of the

trust

Donor (Settlor/Grantor):

Person who funds the trustSlide14

Advantages of Trusts

Can separate assets from beneficiaries;

i.e

.

separate

management

from

benefits

Utilize professional management of investments

Avoid

probate or minimize probate costsProvide for guardianship requirements of

transfers to minors or incapacitated persons

Increase privacy in property transfers

Guard against will contestsSave estate tax, in certain

cases (split assets)Slide15

Types of Trusts

Intervivos

(Living trust): established during life.

Revocable - can be changed.

Irrevocable – cannot be changed.

Testa

mentary

: established at time of

death

.

Pour-over trusts are established by a will.Charitable Remainder TrustLife Insurance TrustSlide16

Types of Trusts

Generation

Skipping Trust

Remember:

Trust may be joint (one trust for both spouses) or separate.

A joint trust may become two

trusts

at the death of one.

All trusts become irrevocable upon the death of the settlor.Slide17

Intervivos Revocable Trust

Avoids probate of trust assets:

Assets not required to go through probate process so transfer may be quicker after death.

Generally costs more to create than a will, but avoids probate costs.

Commonly used to avoid probate in another state where property is held. Slide18

Intervivos Revocable

Trust

cont’d

Property remains part of taxable estate for

calculation of federal

estate tax:

Does not reduce the value of estate for estate tax planning.

Heirs do receive step-up in basis because of retained control.

Spouses can use their own individual unified credit.Slide19

Intervivos Revocable

Trust

cont’d

Can

be fully funded at creation, at a set later

date

or subject to pour-over provisions of

will

.

Can be used to transfer management of

assets Can involve successor trustees to manage

assets before deathSlide20

Intervivos Irrevocable Trust

Can reduce value of taxable estate:

Common

tool for very

high-value estates

Transfers

subject to Gift Tax:

Over $14,000 (2016) per person reduces unified credit (value of $5,450,000) but appreciation occurs outside of estateSlide21

Intervivos Irrevocable Trust

If

grantor/settlor does not retain interest

in

income

or corpus of trust:

Trust must benefit others

Ex.

personal charitable foundation

No retention of life estate in

incomeEnjoyment by beneficiaries cannot be contingent on death of settlor – must be present interest (some room to plan for minors).Irrevocable transfer of property.Slide22

Charitable Remainder Uni-Trust

CRUT

Transfer property into trust irrevocably

Trust pays settlor income for life or term of

years

May provide for successor income beneficiaries

Remainder of trust goes to charities after

death of

settlor/successor beneficiary or after

term

of

yearsSlide23

CRUT cont’d

May

transfer appreciated property into CRUT

without

capital gain recognition

CRUT may sell appreciated property without recognizing capital gain

May receive charitable deduction

Payments may go to “

Crummey

Trust” to buy

life insuranceSlide24

Charitable Remainder Annuity Trust

CRAT

Transfer property into trust irrevocably

Trust

pays settlor income for life or term of

years

:

Relatively high rates of return on the full

amount

No recognition of capital

gainsSlide25

CRAT cont’d

Remainder

of trust goes to charities after

death

of settlor/successor beneficiary, or

after

term of years.

May receive charitable deduction.

Payments may go to “

Crummey Trust” to buy life insuranceSlide26

Universal vs Variable Life Insurance

Interest Accumulation

(Investments)

Premiums $$$$

Mortality

Administrative CostsSlide27

Providing for Long-Term Care

Adequate cash flow:

Significant

earnings

Sell

assets

Long-Term Care

Insurance

Medicaid:

Restrictions on

resourcesSlide28

Long Term Care Insurance (LTC)

Your odds are 33% that you will spend more

than

3

months in a nursing home (according to the

insurance

industry).

The very wealthy and very poor probably don’t

need

LTC insurance.

Studies suggests those with assets of more than $75,000 but less than $1 million may want to consider LTC in the Midwest. Numbers vary in

other regions.Slide29

Advance Directives

Durable power of attorney:

A

grant of authority to make financial decisions

and conduct business on your behalf if you become

incapacitated

.

Durable power of attorney for health care:

A

grant of authority to make

health-care decisions on your behalf if you are unable to make such decisions.Slide30

Durable Power of Attorney

DPA

Grant

of power to another to look after assets

and

manage

affairs

Anticipates possibility of

incompetence

Avoids

need for incompetency hearing or approval of guardianSlide31

Durable Power of Attorney

cont’d

Statute

defines powers (plenary – complete, unqualified):

Should also include express powers for tax returns, life insurance matters, making gifts, transferring property into

trust

Accessing safe deposit box, dealing with retirement plans and Social

Security

May be contingent or present:

Contingent: effective only upon

incompetencePresent: effective when executed and continues in spite of incompetenceSlide32

Durable Power of Attorney for Health Care

Allows you

to:

Choose a person (agent) to make health care decisions for you if you cannot speak

for

yourself

Communicate instructions about your health careSlide33

Durable Power of Attorney for Health Care

Your responsibilities:

Think about your values and

wishes

Choose someone you

trust

Choose an alternate

agent

Talk to family members and the agent concerning your

wishes

Complete, sign and make copies for the agent and family

membersSlide34

Durable Power of Attorney for Health Care

Agent responsibilities:

Understand your

wishes

Evaluate choices about your heath

care

Make decisions in accordance with your

wishes

Keep the original

documentSlide35

A Living Will

Becomes effective when death is the alternative to treatment and you are unable to make that decision.

Allows you to:

Direct physician to withhold or withdraw treatment that could prolong the dying processSlide36

A Living Will cont’d

Your responsibilities:

Clarify wishes with your family and with your physician

Complete the proper forms

Make copies for your family and physician

Doctor’s responsibility:

Follow your wishesSlide37

Questions

Who do you want to get into your safety deposit

box

? Is their name on the card?

Does your will/trust provide for designating

personal

items?

Where is your most recent will located?

Who needs to know your plan? Why?

Have you compiled all critical information in one

place? Who knows where it is? Slide38

Estate Planning Overview

Crucial estate planning steps:

Examination of how property is owned or held

Review of family insurance

program

Advisability of lifetime

gifting

Alternatives for disposing during life or after

death

Transferring the family

businessGet startedGet it writtenSlide39

Your Up-To-Date Estate Plan

Documents

Will

DPA

Property titled correctly

TOD/POD

Plans for non-titled property

Beneficiaries current – people tend to name

them and

forgetSlide40

Annie’s Project – Education for Farm Women

Annie’s Project – Education for Farm Women

a 501(c)(3) organization.