Estate Planning Terms You Should Know

As I discussed in the last post, individuals tend to delay estate planning for many reasons; no doubt one of those is the daunting lingo and complicated jargon.  Truthfully, it is confusing the first time you hear these words and concepts explained. While it’s not quite a foreign language, it sure feels like it. 

But don’t be intimidated; don’t be deterred.  A basic understanding of a few estate planning concepts and terms will help you feel less reluctant to move forward and complete an important aspect of financial planning.

1. Will.  A will directs where and how you want your estate property distributed when you die, and appoints the individual(s) who will take care of your children.  Without a will, the state will decide, according to statute. A will does not control those properties with specific beneficiary designations such as life insurance benefits, retirement accounts, and trust assets.

2. Probate.  The court process that ensures that the portion of an estate passed by a will is properly settled. The court establishes the authenticity of the will (if any), appoints a personal representative or administrator, identifies heirs and creditors, directs payment of debts and taxes, and oversees distributions of the assets according to the will, or according to state law in the absence of a will.

3. Executor/ Executrix.  The person (male or female) who administers your final estate, as appointed by you in your will.  The politically correct, modern terminology is a “personal representative,” which removes any reference to the sex of the person.

4. Guardian.  A person designated by court appointment and given the responsibility of managing the personal affairs of a minor child or a person who is legally incompetent to manage his or her own affairs.

5. Advanced directives.  The two key advanced directives are a living will and a medical power of attorney.  In the event you become permanently incapacitated and unable to communicate, a living will is your expression of what life-sustaining medical treatment you want or don’t want employed on your behalf.  Though not always honored, with a medical power of attorney you give a third party, such as a spouse or an adult child, the power to make medical decisions on your behalf in the event you are incapacitated and unable to communicate them.

6. Power of attorney.  This gives another person, such as your spouse or an adult child, the legal power to act financially on your behalf should you become incapacitated.  This can be as restrictive (bill paying only, for example) or as comprehensive (able to sell property, file tax return) as you wish to make it.  It can be amended or rescinded at any time.

7. Title.  Document proving ownership of property.  Improperly titled assets could mean property being transferred contrary to your wishes or could result in higher estate taxes or probate costs.

8. Trust.  A legal entity created for holding property for the benefit of the creator of the trust or other beneficiaries.  Trusts are used for everything from avoiding probate and helping heirs manage assets, to saving estate taxes and ensuring that certain assets go to certain heirs.

9. Trustee.  The person or institution appointed that manages the trust property under the terms of the trust agreement.

10. Revocable and irrevocable trusts.  A revocable trust means the creator of the trust can change fundamental aspects of the trust or even dissolve it.  An irrevocable trust severely limits what changes the creator can make in the trust document.  Irrevocable trusts typically are used to reduce estate taxes.

11. Testamentary trust.  A trust created by a will.  A testamentary trust is established upon the creator’s death and an inter vivos trust is established during the creator’s lifetime.

12. Estate tax and gift exemption amounts.  The amount of an estate’s value passed on to heirs and subject to estate tax depends on the size of the estate.  By federal law, in 2009, the maximum amount of estate that is exempt from taxation is $3.5 million.  The law is repealed completely in 2010, but in 2011 it returns with a $1 million exemption cap or limit.  These exempt estate tax amounts are reduced by any gift-tax exemption amounts taken during lifetime.  The maximum in gifts you can exempt from gift taxes during a lifetime is $1 million.

13. Annual gift exclusion.  Each person can donate tax free up to $13,000 (indexed for inflation) a year to as many people as he or she chooses.  For example, you could give away a total of $39,000 a year to your three children or three friends ($78,000 a year if your spouse joins you).  The annual exclusion does not count against the lifetime gift-tax exemption amount.

14. Codicil.  A written change or amendment to a will.

15. Disclaimer.  The refusal of a beneficiary to accept property willed to him.  When a disclaimer is made, the property is generally transferred to the person next in line under the will.

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