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"A" Trust
(See Marital deduction)
Administrator
The person appointed by the court to manage one's estate when he
or she dies without leaving a will. Administrators have the same
duties as executors
Annuity
A sum of money payable yearly or at other regular intervals
Appreciated
Property Property, such as real estate or stock, which has increased
in value.
Basis
(See Income tax basis.)
Beneficiary
An individual designated to receive benefits or funds under a will
or other contract, such as an insurance policy, trust or retirement
plan
Bequest
To give or leave something by will, typically personal property
or assets
B Trust
(See Death tax savings trust.)
Charitable
Gift Annuity Typically an agreement in which you transfer cash
or other assets to a charitable organization in exchange for its
promise to pay you an annuity for life or for a term of years.
Charitable
remainder trust A special type of irrevocable trust that may
allow you to receive income tax deductions now, get tax-free income
from the trust and have a charity receive the balance on your death
without being subject to death tax.
Corporate
Fiduciary An institution that acts for the benefit of another.
One example is a bank acting as trustee.
Cost Basis
The original value of an asset, such as stock, before its appreciation
or depreciation.
Codicil
An amendment to a will.
Community
property A way for married couples to own assets in certain
states that may produce income tax and death tax benefits. Those
states with community property laws are Arizona, California, Idaho,
Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin.
Conservator
A person appointed by a court to manage your financial and/or personal
affairs if you are incapacitated.
Credit shelter
trust (See Death tax saving trust.)
Death tax
A catch-all term for a variety of federal and state taxes that may
be due after a death.
Death tax
saving trust A special kind of trust used by the first spouse
to die to potentially double the current federal Estate and Gift
Tax exemption from death tax.
Directive
to Physician (Also called a Living will or Natural Death Declaration.)
A "pull-the-plug" document directing that the maker's or signer's
life is not to be artificially supported in the event of a terminal
illness or accident
Disclaimer
Trust (See Marital Deduction)
Discretionary
trust A trust in which the trustee has discretion to spend or
not spend money of the trust for the beneficiary according to the
standards you've set up in the trust document.
Domicile
The state where you have your permanent home to which you always
intend to return.
Durable Power
of Attorney A written legal document that lets an individual
designate another person to act on his or her behalf, even in the
event the individual becomes disabled or incapacitated.
Estate Tax
A tax imposed at one's death on the transfer of most types of property.
Executor
(or Personal Representative) The person named in a will to manage
the estate. This person will collect the property, pay any debt
and distribute your property or assets according to the will.
Exemption
trust (See Death tax saving trust.)
Family POT
trust A type of trust that holds the shares of two or more children
in one trust and allows them to benefit as needed (and often unequally)
from the assets in the trust.
Fiduciary
A person or institution legally responsible for the management,
investment and distributions of funds. Examples include trustees,
executors and administrators.
Generation-skipping
transfer tax A special kind of death tax on assets passing to
grandchildren or other beneficiaries much younger than you.
Gift tax
A catch-all term for a variety of federal and state taxes that may
be due whenever you make a gift during your lifetime. Generally,
the gift tax is paid by the person making the gift, rather than
the recipient.
Gift-Tax
Annual Exclusion The provision in the tax law that exempts the
first $11,000 (as adjusted for inflation) in present-interest gifts
a person gives to each recipient during a year from federal gift
taxes.
Grantor
The person who transfers assets into a trust for the benefit of
another.
Gross Estate
The total property or assets held by an individual as defined for
federal estate tax purposes.
Guardian
A person appointed by the court to manage the rights and/or property
of a person incapable of taking care of his or her own affairs.
Guardian
of the Estate A person appointed by a court to manage assets
left directly to your children and not in a trust for them.
Guardian
of the person A person appointed by a court to care for you
should you become physically or mentally unable to care for yourself
or raise your child(ren) should they be minors upon your death.
Holographic
Will A handwritten will.
Income tax
basis The starting point for calculating income tax gain or
loss.
Inter vivos
trust A type of trust created during one's lifetime to hold
property for the benefit of another person.
Interest
Any right or ownership in property.
Intestate
or Intestacy The terms applied when an individual dies without
a will.
IRA A
type of personal retirement plan known as an "individual retirement
account."
Irrevocable
Life Insurance Trust A trust that cannot be changed that is
used to own life insurance in a way to reduce death taxes.
Irrevocable
Trust An inflexible, fixed trust-you cannot cancel or change
the trust once it's been signed. This type of trust is usually used
to make family gifts to reduce death taxes.
Joint Ownership
The ownership of property by two or more people, usually with the
right of survivorship.
Joint Tenancy
A common way of holding title (ownership) to assets. Joint tenancy
assets pass automatically to the surviving joint tenants (co-owners).
Life Insurance
Trust An irrevocable trust that has the proceeds of an individual's
life insurance policy as its principal which are not included in
your estate for death tax purposes.
Living Trust
(also known as a "revocable trust") A trust that permits you
to keep control over your assets while you are alive but helps you
avoid probate when you die if certain steps are taken while you
are alive.
Living Will
(Also called a Directive to Physician or Natural Death Declaration.)
A "pull-the-plug" document directing that the maker's
or signer's life is not to be artificially supported in the event
of a terminal illness or accident
Marital Deduction
A deduction allowing for the unlimited transfer of any or all property
from one spouse to the other generally free of estate and gift tax.
Very often, a QTIP trust or a special kind of trust called an "A
trust" or "Disclaimer Trust" is used to take full advantage of this
deduction.
NAMI (National
Alliance for the Mentally Ill) A family-based organization whose
purpose is to eradicate mental illness and improve the quality of
life of persons suffering from certain diseases. NAMI is located
at 2101 Wilson Blvd., #302, Arlington, Virginia 22201 (703/524 -7600).
Natural Death
Declaration (Also called a Directive to Physician or Living
Will.) A "pull-the-plug" document directing that the maker's or
signer's life is not to be artificially supported in the event of
a terminal illness or accident
Nomination
of Conservator A document in which you specify the person(s)
you want to act on your behalf if you become incapacitated.
Pour Over
Will A special kind of will that is used with a living trust
to direct the distribution of certain assets kept outside of the
living trust.
Powers of
Appointment A right given to another in a written instrument,
such as a will or trust that allows the other to decide how to distribute
the property. The power of appointment is "general" if it places
no restrictions on whom the distributees may be. A power is "limited"
or "special" if it limits the eventual distributee.
Power of
Attorney for Finances A document that allows someone else to
manage your finances - it's also often called a "license to steal"
since it can be easily abused. If it's a durable power of attorney,
it can still be valid after you become incapacitated.
Power of
Attorney for Health Care A document by which you appoint an
agent to make health care decisions for you. If it's a durable power
of attorney, it can still be valid after you become incapacitated.
Probate To
some people, it's really a four letter word. Probate is the legal
procedure set up by your state to see that taxes, debts and expenses
are paid and your remaining assets are distributed to the correct
beneficiaries or heirs. This procedure is supervised by a court
sometimes referred to as the "probate court." Most people associate
higher attorney and executor fees, delays and hassle with probates.
A living trust may avoid probate.
Probate Court
The name of the court that oversees the administration of estates
of deceased persons.
QDOT Trust
A special kind of trust set up to benefit a surviving spouse
who is not a U.S. citizen.
QTIP Trust
A special kind of trust set up to benefit a surviving spouse by
deferring the federal death tax, helping to reduce the generation-skipping
transfer tax and maintaining control over the trust after the surviving
spouse passes away.
Revocable
Trust (See Living trust.)
Second-to-Die
Policy A type of life insurance policy that pays the proceeds
when both spouses are gone.
Special Needs
Trust A special kind of trust designed to help protect the benefits
being received by individuals who are on certain governmental aid
programs.
Testamentary
Trust A trust created under a will.
Testate A
person who dies having a will.
Testator
An individual who dies leaving a will or testament in force.
Trust
A way of leaving assets under a will or living trust with instructions
as to how the assets are to be managed and/or distributed to the
named beneficiaries.
Trustee
The person or entity you appoint in your testamentary trust or in
your living trust to manage your assets. A "co-trustee" serves as
trustee with another. A "contingent trustee" becomes trustee upon
the occurrence of a specified future event such as the death or
incapacity of an initial trustee.
Unified Estate
and Gift Tax Credit A federal tax credit that offsets gift tax
and estate tax liability. For gift tax purposes, the unified credit
remains at $345,800 through 2009, which is equivalent to an applicable
exclusion amount of $1 million. For estate tax purposes, the unified
credit is being gradually increased from $345,800 in 2003 to $1,455,800
in 2009, which is equivalent to an applicable exclusion amount of
$1 million in 2003 to $3.5 million in 2009
Will
A document that say who gets your assets after you die.
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