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George Washington George Washington UniversityUniversity

Estate Planning EssentialsEstate Planning Essentials

October 2, 2010October 2, 2010

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By: John P. DedonOdin, Feldman & Pittleman, P.C.9302 Lee Highway, Suite 1100

Fairfax, Virginia 22031(703) 218-2131

John.Dedon@ofplaw.com

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Personal Asset Personal Asset AccumulationAccumulation

WagesQualified PlansInvestment

Income

Inheritance

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Proper Planning Will Allow You to . Proper Planning Will Allow You to . . .. .

Give what you have,Give what you have,To whom you want,To whom you want,

When you want, andWhen you want, andIn the way you wantIn the way you want

And Pay Less for:And Pay Less for: Court CostsCourt Costs

Attorney’s fees Attorney’s fees Estate TaxesEstate Taxes

6but we don’t want them to blow it!

We want to give our children enough . . .

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Other Fundamental Planning Issues

• Children from a previous marriage and Children from a previous marriage and second spousesecond spouse

• Children with special needsChildren with special needs• Children with creditor, financial, or Children with creditor, financial, or

marital problemsmarital problems• Property in multi-statesProperty in multi-states• Competency issues in future (parents)Competency issues in future (parents)• Spouse who would need help managing Spouse who would need help managing

and investing fundsand investing funds

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Assets At Risk (4 Areas of Assets At Risk (4 Areas of Risk)Risk)

Potential Creditors

3-6% Probate & Legal Expenses

Estate Tax (?)

35% Income Tax

IRS

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Phase-in SchedulePhase-in Schedule : :

20022002200320032004200420052005200620062007200720082008200920092010201020112011

$ 1,000,000$ 1,000,000$ 1,000,000$ 1,000,000$ 1,500,000$ 1,500,000$ 1,500,000$ 1,500,000$ 2,000,000$ 2,000,000$ 2,000,000$ 2,000,000$ 2,000,000$ 2,000,000$ 3,500,000$ 3,500,000

No estate tax*No estate tax*$ 1,000,000$ 1,000,000

Exemption AmountYear

* Income Tax

? - What will Congress do?

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50%

50%

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MONTH9

IRS

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Death is Inevitable . . .

You have the option to plan your estate and avoid Death Taxes

Estate Tax is Not!IRS

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Estate BeneficiariesEstate Beneficiaries

Family

Charity

GWUIRS

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Current Lifetime Gifting Current Lifetime Gifting RatesRates

$ 13,000 Annual $ 13,000 Annual ExclusionExclusion

$1,000,000 : Life Time Gift$1,000,000 : Life Time Gift

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Probate Assets Pass Probate Assets Pass According to Will or According to Will or

Intestacy LawsIntestacy Laws

• Assets Passing Without a Will• Assets Passing With a Will

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ProbateProbate

CostTime DelaysPublicityProperty In Multiple

States

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Benefits of Revocable Living TrustsBenefits of Revocable Living Trusts

I. Avoids Probatea. Costb. Time Delaysc. Publicityd. Problems with property in multiple states

II. Incapacity PlanningIII. Estate Tax Planning

a. Bypass and Marital Trustsb. GST Planning

RevocableTrust

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BASIC PLANNINGBASIC PLANNING

WillsWills Revocable Living TrustsRevocable Living Trusts Advanced Medical Directives Advanced Medical Directives

(Living Wills)(Living Wills) Powers of AttorneyPowers of Attorney

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Assets Passing at Death Assets Passing at Death 1) Beneficiary Designations2) Titling of Assets

- Tenants In Common - Tenants By The Entirety

(Assets Pass to Surviving Spouse)

- Joint Tenants with Right of Survivorship (Assets Pass to Surviving Owner)

3) Probate4) Revocable Living Trusts

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Case Study

Mom

Dad

2 Children

Grandma

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ProfileProfile

• Married• $2 Million +• Equity in real estate, retirement

plans, other liquid assets, life insurance

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Assets

$ 450,000 $100,000

$ 800,000

Retirement

$ 300,000

Liquid

Insurance

$ 900,000

$2,000,000 $250,000

Total $2,450,000 $350,000 $2,000,000

Grand Total = $4.8 million

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Objectives

• Provide for surviving spouse• Eliminate or avoid estate tax• Eliminate probate• Provide for children at second

death• Provide for Mom• Charity

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Solutions

• Wills, Revocable Trusts with credit trust and marital trust for surviving spouse, Powers of Attorney and Medical Directives.

• At second death, trusts for children, with distributions at ages 25, 30, and 35.

• Special Needs Trust for Grandma.• Charitable Distribution

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Using Revocable Trust to Reduce Estate Using Revocable Trust to Reduce Estate TaxTax

Upon Husband’s Death

Husband’sTrust

Bypass/Credit Trust(Husband’s Exemption $3,500,000)Spouse = Trustee and Beneficiary

Tax FreeMarital Share:Assets > $3.5 Million

< $3.5 Million

Inheritance (Tax-Free)

Marital Trust

$2,450,000 $350,000

$2 Million Joint Property

Wife’sTrust

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Second DeathSecond Death

$3.5 Million $3.5 Million $$$

25 (1/3)30 (1/2)35 BalanceNeed Executor, Trustee, Guardian

Special Needs Trust

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Potential Titling Problems

• Wife dies first, only $350,000• Jointly held property

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Other Estate Tax Problems

• $1 million exemption amount in 2011?

Charitable Planning As A Solution

• Distributions• Charitable Remainder and Lead

Trusts• Life Estates