wills and trusts

Financial Planning - Financial planning in general. (Moderated) 

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Subject Author Date
wills and trusts John N 04-19-2007
Posted by John N on April 19, 2007, 8:07 am
hopefully within scope of the NG.

we created 20+ years ago, with the assistance of an attorney, a simple will as
at the
time our kids were small

we have one 401k plan and individual IRA and Roth IRA accounts

now, still with a very modest estate, total value at present about 1M or 1.2M,
am
wondering if, from a financial planning perspective, it would make sense to
update the
will and perhaps add some kind of trust that would add or explain features

what kinds of trusts do individuals normally have? someone with just a modest 1M
estate?

living in florida, it's my understanding the state gives an exemption up to 2M
per
spouse, so there are no estate taxes but am sure there is more to it - can
anyone
point me to a link or add some information - questions are welcome too


Posted by kastnna on April 19, 2007, 9:38 am
Actually, you are in the clear TO DATE. Assuming you didn't already
have a trust, at your death your estate passes entirely to your spouse
without taxation under the "unlimited marital deduction."

When your spouse dies your heirs calculate the total estate subject to
taxation and then deduct whatever "federal estate tax exemption" is in
place at that time. At this time it is $2M, it will go to $3.5M in
2009 and the estate tax is completely repealed in 2010. However, hell-
bound snowballs have a higher likelyhood of survival. Bottom line is
that as long as your estate is less than or equal to the exemption
amount, your heirs will owe no estate taxes. Any amount over that is
taxable up to 45%.

Keep in mind that it is very easy to appreciate $1.2M to a number well
over the current exemption amount. Even moderate growth over the next
20 years (I don't know your age) could result in your having $4 - $7
million. We also have no solid idea of what the soon-coming changes to
the estate tax laws will precipitate.


Posted by Elle on April 19, 2007, 10:22 am
> ***side note to anti-annuity posters:

To be a tad more reflective of the archives, I think this
should read "anti-deferred annuity" posters.


Posted by John N on April 20, 2007, 7:38 am
Tad Borek wrote:
> To de-mystify it a bit...a simple living trust would be a piece of paper
> titled "The Mr & Mrs John N Living Trust Dated 4/19/2007" that has a few
> paragraphs of legal blah-blah-blah, and then you list out who gets what
> when you die. Sign & file it and there, you've created a "trust".

could we also update ourselves the old will, simply by creating a single sheet
of
paper titled "Addendum to the will of Mr and Mrs John N Living Dated 04/19/2007"
?
Then simply list the items that have changed and have 2 someones witness our
signatures?


Posted by kastnna on April 20, 2007, 9:17 am

> could we also update ourselves the old will, simply by creating a single sheet
of
> paper titled "Addendum to the will of Mr and Mrs John N Living Dated
04/19/2007" ?
> Then simply list the items that have changed and have 2 someones witness our
> signatures?

Among other thigns, a Will is subject to probate. A trust is not. That
may or may not be a big deal but it is one of the main reasons for
creating a living trust.


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