Estate Flashcards
(232 cards)
Efficient transfer - What is this?
When the assets are transferred to the transferred wishes
Effective transfer - What is this?
When the assets are transferred with the least amount of taxes
What can a CFP do and cant do with in regard of estate planning?
You can explain things to clients but you can’t draft legal documents (that is for attorneys) // CFP should refer clients to attorneys for legal advice
What is a decedent?
Deceasded person
What is a heir? Legatee?
Person who inherits property under state laws (Not a will) // Person who inherits property under a will
What is a donor? Donee?
Person who gives a gift to someone // Person who receives the gift
What is an abatement? Ademption?
When a bequest has been reduced ($100k portfolio reduced to a $20k portfolio) // A right has been extinguished (If a will has me given a mustang, but my mom sells it and buys a tesla, then dies - I don’t get the tesla)
Gift vs Bequest
Gift is when you give something while you are alive // Bequest is when you give something to someone when you are dead
What does a will avoid?
Avoids intestacy
What are the two requirements for a person who writes a will?
1) Age 18 2) Must have a sound mind
Durable power of Attorney - definition
To be able to act on a persons behalf even when the principal is incapacitated
Durable power of attorney for health care - definition
To be able to act on a persons health care decisions when the principal is incapacitated
Advance medical directive - Definition
this directions to the doctors if you are unable to communicate
Holographic will - definition
hand written will, must be sign and dated by testator
Noncupative will - definition & what does this only cover?
Oral will that covers tangible personalty only (Dying declarations with a witness)
Statutory will - definition
Drawn by an attorney (Best choice)
Survivorship clause - Definition + time limit for Unlimited maritial Deduction
Requires the beneficiary to survive the decedent for a specific amount of time (Cannot be longer than 6 months to qualify for Unlimited martial deduction)
Disclaimer clause - Definition
the heir can disclaim the bequest that is supposed to go them and it will be sent to someone else
Disclaimer clause - What are the 3 requirements?
1) disclaiming party can not benefit 2) To disclaim, you need to do this in writing within 9 months of decendent date of death 3) If you disclaim the property, you cannot direct where it goes
Power of attorney - What power is this?
This is the power to act on behalf of the principal
Power of attorney - What are the two types of POA?
General or limited
Power of attorney - What is limited POA? What is general POA?
You are able to act on behalf of the principal in certain areas of life (Ex - Real estate only) // General POA is when you are able to act on behalf of the principal in all areas
Power of attorney - When can this be revoked?
Anytime by principal
Power of attorney - When does this power end? (If it isn’t revoked by the principal)
When the principal dies