BUS 425 - Unit 4- Estate Planning Solutions_2023
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ESTATE PLANNING:
PROBLEMS ANSWERS
1. Which of the following estate planning documents—will, codicil, letter of last instructions, living will—do the following individuals/families need? Explain your rationale.
a.
Kayla, a recent college graduate with only a few personal assets, all jointly owned with her parents
Because everything is jointly owned, Kayla does not need a will (and therefore does not
need a codicil). She should, however, have a letter of last instructions and a living will
to direct her preferences.
b.
Justin and Edee, a couple in their 30s with two young children. They already have a will that they made when they were first married 10 years ago—before they had their second child
A codicil will probably suffice for Justin and Edee. If other major changes have
occurred in the past 10 years, they may want to write an entirely new will. They also
need letters of last instruction and living wills.
c.
Mac, a widowed man living with a close personal friend to whom he would like to leave his personal assets upon death.
Mac definitely needs a will to make sure his assets are distributed in the way he wishes.
He also needs a letter of last instruction and a living will. NOTE: Remember, there are quite a few other documents to consider that were not presented in
the question (Hipaa release, Medical Power of Attorney, Financial Power of Attorney,
Trust documents)
2.
As the first gift from their estate, Lily and Tom Phillips plan to give $20,000 to their son, Raoul, for a down payment on a house. a.
How much gift tax will be owed by Lily and Tom?
There will be no gift tax owed by Lily and Tom on their $20,000 gift to Raoul because
a couple can transfer $34,000 per year (2023) to any number of people free of gift tax, a
maximum of $17,000 from each spouse. b.
How much income tax will be owed by Raoul?
Raoul will not have to pay any income tax because recipients of a gift are not taxed on
their gift. c.
Suppose instead that Lily and Tom each make a gift of $20,000 to Raoul. How
much of the gift will be subject to the gift tax?
There is not gift tax to be paid. However, there is a reporting requirement (Gift Tax
Return) for any amounts that exceed the annual limit. For 2023, this amount is
$17,000. Therefore, the additional $3,000 per person above the annual limit should be
reported. (Note: The $3,000 will be subtracted from the Estate Exclusion in the year
the person dies.)
d.
List three advantages of making this gift.
Advantages of making a gift to others within the annual gift tax exclusion include the
following:
Providing needed income to a friend or loved one while the donor is alive (if given
before death)
Reducing the donor’s taxable estate, resulting in lower estate taxes
The recipient of a gift is not taxed on the amount received (although they will be
taxed on any subsequent income the gifted amount generates)
Helping avoid probate because gifted assets no longer belong to the donor and are
no longer part of their estate (if given before death).
3.
Morgan, a widow, recently passed away. The value of her assets at the time of death was $13,000,000. The cost of her funeral was $20,000, while estate administrative costs totaled $50,000. As stipulated in her will, she left $1,000,000 to charities. Based on this information, answer the following questions:
a. Determine the value of Morgan’s gross estate.
b. Calculate the value of her taxable estate.
c. What is her gift-adjusted taxable estate value?
d. Assuming she died in 2021, how much of her estate would be subject to taxation?
e. Calculate the estate tax liability.
2021 Scenario
Use the following calculations to answer the five questions related to Morgan’s situation.
a.
Gross Estate: $13,000,000
b.
Taxable Estate: $13,000,000 – $20,000 – $50,000 – $1,000,000 = $11,930,000
c.
Gift-Adjusted Taxable Estate: $11,930,000 – $11,700,000 (2021 limit) = $230,000
d.
Amount Subject to Taxation= same as Gift-Adjusted Taxable Estate: $230,000
e.
Estate Tax Liability: $230,000 x .40 =$92,000
2022 Scenario
Use the following calculations to answer the five questions related to Morgan’s situation.
a.
Gross Estate: $13,000,000
b.
Taxable Estate: $13,000,000 – $20,000 – $50,000 – $1,000,000 = $11,930,000
c.
Gift-Adjusted Taxable Estate: $11,930,000 – $12,060,000 (2022 limit) = $0
d.
Amount Subject to Taxation= same as Gift-Adjusted Taxable Estate: $0
e.
Estate Tax Liability: $0
2023 Scenario
Use the following calculations to answer the five questions related to Morgan’s situation.
a.
Gross Estate: $13,000,000
b.
Taxable Estate: $13,000,000 – $20,000 – $50,000 – $1,000,000 = $11,930,000
c.
Gift-Adjusted Taxable Estate: $11,930,000 – $12,920,000 (2023 limit) = $0
d.
Amount Subject to Taxation= same as Gift-Adjusted Taxable Estate: $0
e.
Estate Tax Liability: $0
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Related Questions
Jamie Lee and Ross have been hearing many stories recently about acquaintances that are passing away without leaving a will, which made Jamie Lee and Ross anxious to review their estate plan with an attorney. They do not want to think about eventually passing on, but they know it is an essential part to careful financial planning. It was suggested that they assemble all of their legal documents in a place where their heirs would be able to access them if necessary. What documents would you suggest that Jamie Lee and Ross make accessible?
arrow_forward
Which of the following techniques is commonly used in estate planning to minimize estate
taxes? A) Gifting assets to family members shortly before death B) Establishing a trust for
beneficiaries C) Transferring assets into a taxable brokerage account D) Not creating a will or
estate plan
arrow_forward
In estate planning, setting ul a trust account in the name of beneficiaries may help to _______
a. Improve the faith of the beneficiaries
b. Maximise the estate tax obligation
c. Protect the beneficiaries against future inflation
d. Protect the beneficiaries from the creditors of the donor
arrow_forward
In the context of estate planning, it is correct to say that: *
Estate planning is a definite plan for the administration and disposition of one's property during one's lifetime and at one's death.
State laws always determine the distribution of our estate after our death.
Once we cannot predict the future, we should plan our estate only a little before our death.
The executor is a person who assumes responsibility for providing childrem with personal care and managing the deceased's estate for them.
arrow_forward
Please answer these questions, give me the right answers ( choices) please
arrow_forward
which of the following persons must have an active North Carolina real estate license? a person who manages the petals of their parents beach cottage without receiving any compensation for their services a retiree who refers prospective home buyer to the home sales center at their retirement community in return fro fee rounds of golf anyone who occasionally buys. renovates, and sells historic houses at a significant profit the executor of an estate who handles the sale of the deceased persons real property and receives an executors fee.
arrow_forward
which of the following persons must have an active North Carolina real estate license? a person who manages the petals of their parents beach cottage without receiving any compensation for their services a retiree who refers prospective home buyer to the home sales center at their retirement community in return fro fee rounds of golf anyone who occasionally buys. renovates, and sells historic houses at a significant profit the executor of an estate who handles the sale of the deceased persons real property and receives an executors
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Question #83 of 85
Henry and Rita disagree about how to manage their finances after their marriage, and their children are concerned about receiving their inheritances. Which of the following strategies would you recommend to address these issues?
A)
Have each spouse draft a will disinheriting the other
B)
Have the families enter into a family settlement agreement
C)
Have Henry and Rita title all of their assets as JTWROS after they get married
D)
Have Henry and Rita execute a premarital property agreement
arrow_forward
Sophia Martinez wants to travel after she retires as well as pay off the balance of the loan she has on the home she owns. whi
planning process does this situation demonstrate?
Multiple Choice
Determining her current financial situation
Developing her financial goals
Identifying alternative courses of action
Evaluating her alternatives
Implementing her financial plan
arrow_forward
timed task, need help thanks
arrow_forward
Solve through IRAC (ISSUE, Rules, Analysis, Conclusion) method.
Samuel Finley has two children, a daughter Lee and a son Keaton. Samuel has a lovely beach house in Palm Beach. Sam is terminally ill and has been told by his doctors that he has less than a year to live. Lee knows that Keaton is their father’s favourite child and that he had been named in the latter’s will to inherit the beach house.
Lee knew that since their father did not have long to live and that he was 90 years old and starting to become mentally-weak, she could pressure him to transfer the Palm Beach beach house over to her even though Samuel may not totally understand what he was signing over. So, for four months, using pressure and threats, but more often with gentle but devious tactics, Lee succeeds in convincing Samuel to sign a transfer of property transferring the Palm Beach beach house over to her.
As his last act, before he dies, Samuel wants to set aside the transfer of the beach house to Lee. Advise…
arrow_forward
Under what circumstance does an estate have an executor?
Multiple Choice
When there is no valid will.
When the estate exceeds the dollar amount of the estate tax exemption.
When the will establishes a trust fund.
When the will is contested.
When the will names a specific person to administer the estate.
arrow_forward
What is a remainderman? Choose the correct.a. A beneficiary that receives the principal left in an estate or trust after a specified time.b. The beneficiary of the decedent’s life insurance policy.c. An executor or administrator after an estate has been completely settled.d. If a legacy is given to a group of people, the remainderman is the last of the individuals to die.
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A married couple have written a will that leaves part of their money to a trust fund. The income from this trust will benefit the surviving spouse until death, with the principal then going to their children. Why was the trust fund created? Choose the correct.a. To reduce the estate of the surviving spouse and, thus, decrease the total amount of estate taxes to be paid by the couple.b. To ensure that the surviving spouse is protected from lawsuits filed by the couple’s children.c. To give the surviving spouse discretion over the ultimate use of these funds.d. To maximize the earning potential of the money because trust funds generate more income than other investments.
arrow_forward
As the legal representative of your sister's estate, you would like to prepare an
optional return for income from rights or things. Which of the following
sources of income would you not include on the rights and things return?
a)
Interest from a savings account at
a chartered bank earned prior to
death.
Uncashed matured bond
coupons.
c) Harvested farm crops.
b)
Unpaid dividends declared before
d) the day the person died but
receivable after her death.
arrow_forward
Your client and his wife plan to purchase a new home. They want a form of property ownership that:
will transfer title at death outside the probate process;
will allow each spouse, while alive, to have a vested one-half interest in the property;
guarantees that the surviving spouse will receive the property when the other spouse dies; and
allows lifetime disposition by one spouse of their property interest without requiring the consent of the other spouse.
Assuming that all the forms of ownership below are available in the state where the property is located, what is the form of titling that will best achieve all of their objectives?
A)
Community property
B)
Tenancy by the entirety
C)
Joint tenants with right of survivorship
D)
Tenants in common
arrow_forward
Which of the following claims against an estate does not have priority? Choose the correct.a. Funeral expenses because the amounts incurred are usually at the discretion of family members.b. Medical expenses associated with the decedent’s last illness.c. The costs of administering the estate.d. Unpaid rent on the decedent’s home if not paid for the three months immediately prior to death.
arrow_forward
Which statement describes a technique used to address the issue of ensuring the payment of adequate child support by a noncustodial parent when the parents of minor children are divorced?
A)
A provision in the noncustodial parent's will leaving property to the minor will solve this concern.
B)
To ensure that child support payments are continued if the noncustodial parent dies or becomes disabled before such payments are to cease, the parents must enter into a nuptial agreement.
C)
An irrevocable trust established and funded by the noncustodial parent to ensure payment of child support can be a valuable tool to protect such assets from the claims of future creditors of the noncustodial parent.
D)
Insurance on the life of the noncustodial parent must be owned by an irrevocable life insurance trust to prevent the noncustodial parent from changing the beneficiary.
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- timed task, need help thanksarrow_forwardSolve through IRAC (ISSUE, Rules, Analysis, Conclusion) method. Samuel Finley has two children, a daughter Lee and a son Keaton. Samuel has a lovely beach house in Palm Beach. Sam is terminally ill and has been told by his doctors that he has less than a year to live. Lee knows that Keaton is their father’s favourite child and that he had been named in the latter’s will to inherit the beach house. Lee knew that since their father did not have long to live and that he was 90 years old and starting to become mentally-weak, she could pressure him to transfer the Palm Beach beach house over to her even though Samuel may not totally understand what he was signing over. So, for four months, using pressure and threats, but more often with gentle but devious tactics, Lee succeeds in convincing Samuel to sign a transfer of property transferring the Palm Beach beach house over to her. As his last act, before he dies, Samuel wants to set aside the transfer of the beach house to Lee. Advise…arrow_forwardUnder what circumstance does an estate have an executor? Multiple Choice When there is no valid will. When the estate exceeds the dollar amount of the estate tax exemption. When the will establishes a trust fund. When the will is contested. When the will names a specific person to administer the estate.arrow_forward
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