Georgia Baptist Foundation, Inc. CHRISTIAN ESTATE PLANNING Trusts and Wills Presented By Douglas G....

Georgia Baptist Foundation, Inc.

CHRISTIAN ESTATE PLANNING

Trusts and Wills

Presented By

Douglas G. Couch

Vice President/Director of Development

GEORGIA BAPTIST FOUNDATION


WHAT IS THE GEORGIA BAPTIST FOUNDATION

• The Trust Agency of the Georgia Baptist Convention

• Serving Georgia Baptists since 1941

• Manage endowment funds for Baptist causes


BAPTIST CAUSES WE SERVE

• Cooperative Program• Georgia Baptist Children’s Homes

and Family Ministries, Inc.• Georgia Baptist Health Care

Ministry Foundation• Baptist Village, Inc.• Baptist Retirement Communities of

Georgia• State Missions• North American Missions• International Missions• Baptist Student Centers

• Retired Ministers Support Fund• The Christian Index• All Southern Baptist Causes• Baptist Churches• Baptist Associations• Life Income Trusts• WMU • Georgia Baptist Colleges and

Universities• General Scholarship Fund• Baptist Conference Centers


MANAGEMENT SERVICES

CEMETERY FUNDS BUILDING FUNDS MISSION FUNDS SCHOLARSHIP

FUNDS

RESERVE FUNDS CAPITAL

IMPROVEMENT FUNDS

MEMORIAL FUNDS OTHER FUNDS


GEORGIA BAPTIST FOUNDATION, INC

9.40%Avg. return*

If the Georgia Baptist Foundation, Inc., had managed your church or association designated account, you could have enjoyed this return. This percentage is the average total return on the Foundation’s main endowment pool from Jan. 1, 1993 through 12/31/2009.

Your Foundation, as the Trust Agency of the Georgia Baptist Convention, has been serving local churches and associations since 1941. We are larger than most local banks, and manage approximately 1300 accounts for Georgia Baptists. We are a Cooperative Program supported ministry.

*Past performance is no guarantee of future results.


CHURCH PRESENTATIONS• Building A Legacy

• Creative Ways to Give

• Church CEMETERIES: Practical helps

• Church Planned Giving

• Living Wills

• Identity Theft


CHRISTIAN ESTATE PLANNING IS A

• Concern For Yourself

• Concern For Your Family

• Concern For The Lord’s Work


The Most Important Estate Plan That You Can Make

is

KNOWING CHRIST AS SAVIOUR


Christian Stewardship

1. GOD is the OWNER; I am HIS Steward.

2. GOD is Responsible for My Success.

3. GOD Holds Me Responsible for What I Do with HIS Property.


God’s Ownership“For every beast of the forest is mine, and the cattle upon a thousand hills.” Psalm 50:10


Assets in the Probate Estate

Mortgages and notes receivables Cars, boats, jewelry, antiques, etc. Objects of art, other collectibles Royalties, mineral interests, etc. Life insurance payable to estate Life insurance owned on the life of

another


Assets in the Probate Estate

Real Estate Individually ownedTenant in common interest

Stocks, bonds, and other securities Cash, savings accounts, CDs, etc. Business interests

Sole proprietorshipsPartnershipsClosely held corporations


Conservation of Assets

INCOME

ESTATE

IRS

Legal Fees

Estate Tax

Gift Tax

Probate


Estate Planning Goals Avoid excessive court costs,

attorney’s fees, and unnecessary delays

Distribution of the estate to the persons or charities selected

Minimize payment of Federal and/or state death taxes


ADVANTAGES OF HAVING A CHRISTIAN WILL

Name your own personal representative.Provide for other than next of kin.Avoid unnecessary court procedure.Avoid many administrative costs.Appoint a guardian for minor children.Legally avoid taxes. Leave a LEGACY for God’s Kingdom


BASIC PROBATE PROCEDURE IN GEORGIA


a) Filing of Petition to Probate Willl in Solemn Form in the probate court of county where deceased individual resided at the time of death (court costs: +/- $100.00).

b) If self-proving affidavit is not attached to Will, must locate one witness to Will and that witness must sign Interrogatories (court costs: +/- $35.00)

c) Executor sworn in and Letters Testamentary issued (timing: approximately one to two weeks after filing of Petition in metro counties you will receive Letters of Testamentary).

d) Publication of Notice to Debtors and Creditors (publication costs: +/- $32.00). Notice to be published in the local newspaper once a week for four weeks within 60 days of appointment of Executor.

e) Administration of the estate by Executor (timing: approximately one to three years).f) Filing of Letters of Dismission with the probate court in order to be dismissed as

Executor (court costs: +/-$47.00).

I. Probate procedures in Georgia for a properly executed Will containing incorporation of powers of fiduciaries and self-proving affidavit:

With A Will


a) Filing of Application for Letters of Administration (court costs: +/- $150.00). Generally, Petition requests that an heir-at-law be appointed as administrator of the deceased individual’s estate.

b) If all heirs do not consent to the appointment of if applicant requests specific fiduciary powers, citation must be published once a week for four weeks in the local paper (publication costs: +/- $32.00).

c) If no objections are filed, Administrator is sworn in and Letters of Administration are issued.

d) Publication of Notice to Debtors and Creditors (publication: +/- $32.00). Notice to be published in the local newspaper once a week for four weeks within 60 days of qualification of Administrator.

e) If all of the heirs do not consent to the granting of specific fiduciary powers to Administrator, the following procedure must be utilized in the administration of the estate:

II. Probate Procedure for Intestate Estates

Without A Will


i. Administrator must obtain a bond (approximate cost: +/- $250.00).

ii. Administrator must file Inventory with the probate court within four months after qualification (court costs: +/- $20.00).

iii. Administrator must file Annual Returns with the probate court within 60 days after anniversary date of qualification (court costs: +/- $35.00).

iv. Administrator must file Petition for Leave to Sell Property at Private Sale (court costs: +/- $250.00).

v. Administrator must file Final Return (court costs: +/- $34.00).

f) Statutory distribution scheme to heirs-at-law of deceased individual (spouse, children, etc.).

g) Administration of the estate by Administrator (timing: approximately one to three years).

h) Filing of Letters of Dismission with the probate court in order to be dismissed as Executor (timing: approximately four weeks; court costs: +/- $47.00).


II. As a further safeguard, I direct my wife to produce to the Probate Court a Performance Bond to guarantee that she exercises proper judgment in the handling, investing and spending of the children’s money.

III. As a final safeguard, my children shall have the right to demand and receive a complete accounting from their mother of all of her financial actions with their money as soon as they reach legal age.

IV. When my children reach age eighteen (18), they shall have full rights to withdraw and spend their shares of my estate. No one shall have any right to question my children’s actions on how they decide to spend their respective shares.

SECOND ARTICLE Should my wife remarry, her second husband shall be entitled

to an equal share with the children of everything my wife possesses.


I. Should my children need some of this share for their support, the second husband shall not be bound to spend any part of his share on my children’s benefit.

II. The second husband shall have sole right to decide who is to get his share, even to the exclusion of my children.

THIRD ARTICLE

Should my wife predecease me or die while any of my children are minors, I do not wish to exercise my right to nominate the guardian of my children.

III. Rather than nominating a guardian of my preference, I direct my relatives and friends to get together and select a guardian by mutual agreement.

IV. In the event that they fail to agree on a guardian, I direct the Probate Court to make the selection. If the court wishes, it may appoint a stranger acceptable to it.


FOURTH ARTICLE Under existing tax laws, there are certain legitimate avenues

open to me to lower death taxes. Since I prefer to have my money used for governmental purposes rather than for the benefit of my wife and children, I direct that no effort be made to lower taxes.

IN WITNESS WHEREOF, I have set my hand and seal to this, my Last Will and Testament, consisting of two (2) typewritten pages, all this________________ day of_____________, 20____.

_______________________

JOHN DOE______________________ _______________________

Witness Address______________________ ______________________

Witness Address


FOR MORE INFO:

Douglas G. Couch

Vice President


6405 Sugarloaf Pkwy.

Duluth, GA. 30097

770-366-0815

[email protected]

Georgia Baptist Foundation, Inc. CHRISTIAN ESTATE PLANNING Trusts and Wills Presented By Douglas G....

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