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Estate planning is essential for ensuring that your assets are managed and distributed according to your wishes. A well-crafted estate plan can help avoid unnecessary taxes, ensure efficient property distribution at death, and provide direction on healthcare decisions if you're unable to act. It also addresses the implications of dying without a will and allows you to appoint guardians for minor children. Utilize tools like wills, durable powers of attorney, living trusts, and charitable giving strategies to achieve your family’s financial goals while minimizing tax liabilities. ###
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Planning for Family SWE & Future Estate Planning
Family, SWE & Future Why an Estate Plan? • Best use of assets while living • Avoid unnecessary taxes • Distribute property at death
Family, SWE & Future What if you die without a will? • State divides your estate • Court appoints administrator • Settlement of estate is prolonged • Higher taxes likely • You have no control of disposition
Family, SWE & Future Will • Distributes your property • Names guardian for children • Names a personal representative as Executor
Family, SWE & Future Durable Power of Attorney • Name agent to manage estate if you are disabled • Name agent for health care decisions (Health Care Surrogate)
Family, SWE & Future Living Will • Your wishes regarding termination of life support • Compare to Durable Power of Attorney
Family, SWE & Future Making a will with an attorney • What You Need: • Family data • Important estate documents • Your agents • Property and health care plans
Family, SWE & Future Trust • Legal entity into which you transfer designated property • Trust owns & manages property • Income goes to your designee • Distributes property
Family, SWE & Future Living Trust vs. Will • Wills less expensive to set up • Trusts avoid probate • Trusts more confidential • Trusts can be more complicated to manage while living
Family, SWE & Future Death and Taxes • Estate tax is progressive • Marginal rate • $10K estate = 18% • $250K estate =34% • $3M estate = 55%
Family, SWE & Future Taxable Estate Deductions • Administration and funeral expenses • Claims against the estate • Obligations against property • Casualty and theft losses • Marital deduction • Charitable deductions
Family, SWE & Future Marital deduction • Permits one spouse to transfer property to other tax-free • Defers tax to survivor’s death
Family, SWE & Future Lifetime Unified Credit • Lifetime amount of money you can give away tax-free - either before or after death • Unified Credit = Lifetime Exemption • 2000: $675,000 • 2006: $1,000,000
Family, SWE & Future Estate Taxes • Reduce taxes by reducing estate before death • Gifts to family ($10K/person/yr limit) • Gifts to charity
Family, SWE & Future Charitable deductions • Contributions to charity reduce the taxable estate • Limited to 50% of Annual Income • 30% of Annual Income for Property • Planned giving
Family, SWE & Future Charitable Estate Planning
Family, SWE & Future What is Planned Giving? • Charitable gifts • Assets • Careful planning • SWE and donor benefit
Family, SWE & Future Social Capital • Involuntary Philanthropy • Voluntary Philanthropy
Family, SWE & Future Charitable giving in the U.S. • About 70% give during lifetime • 19% with taxable estates make charitable bequests • 3-6% of all wills contain charitable bequests • Bequest giving exceeds lifetime giving • Charitable bequests average 8% of wealth
Family, SWE & Future Charitable estate planning • Tax benefits • Reduce current taxes • Avoid capital gains taxes • Minimize estate taxes
Family, SWE & Future Gifts of Appreciated Assets • Income tax deduction at fair market value • Avoidance of capital gains taxes
Family, SWE & Future $100K bequest after estate taxes • To family = $45,000 bequest and $55,000 tax @55%* = $66,000 bequest and $34,000 tax @34%* OR • To charity = $100,000 gift and $0 tax • May be additonal state taxes as well * 55% Tax rate for estate > $3M after deductions 34% Tax rate for estate $250K-$500K after deductions
Family, SWE & Future Planned Gifts • Bequests • Charitable Trusts • Beneficiary Designations • Charitable Gift Annuities • Life estate
Family, SWE & Future Bequests • Specific bequest • Dollar amount or percentage • Residuary bequest • Contingent bequest
Family, SWE & Future Charitable Trusts • Assets in trust for time period • Income from trust paid to designated beneficiary • Trust assets distributed to beneficiary at maturation
Family, SWE & Future Charitable Trusts • Set up during lifetime or by will • Irrevocable trusts involve tax deduction during lifetime • Revocable trusts will generate tax advantages at death
Family, SWE & Future Charitable Trusts • Lead Trust • Remainder Trust • Unitrust • Annuity Trust
Family, SWE & Future Beneficiary designations • Life insurance • Other life insurance gifting options • Retirement plans
Family, SWE & Future Retirement Plan • Your Tax is deferred while participating • Distributions (before or after death) subject to income tax • Balance in plan at death subject to estate tax
Family, SWE & Future Gift of Retirement Plan • Charitable gift of $1000 would avoid all tax. • Gifts of retirement plan proceeds require beneficiary designation.
Family, SWE & Future Life estate • Donor donates personal residence to charity but retains right to live there • Donor gets tax deduction • Charity gets home at death
Family, SWE & Future What about family? • Charitable planning can minimize estate tax liability that falls on heirs • Life insurance trust
Family, SWE & Future Wealth Replacement Trust • $100K gift to charity • Purchase $100K life insurance with tax savings and income • $100K out of estate • $100K goes to heirs tax-free
Family, SWE & Future Supporting SWE with Your Estate
Family, SWE & Future Where to give • Scholarship Funds • Contingency Reserve Fund • HQ Fund • Operating Budget • Program Development Grant Fund • Publications Fund • Other
Family, SWE & Future How SWE can accept gifts • Cash • Securities • Other
Family, SWE & Future Gift opportunities • Unrestricted - no specific use indicated • Restricted - specific use designated
Family, SWE & Future Restricted gifts • Scholarships • Named funds • Existing special funds Unrestricted gifts • Up to $25K goes into current operating budget • Remainder over $25K goes into Contingency Reserve
Family, SWE & Future Consult a legal or financial advisor when making planned gifts to ensure you receive appropriate benefits. SWE can assist to ensure your funds are used the way you choose.
Family, SWE & Future Planned gifts are personal decisions • Planned gifts reflect your deepest convictions in a permanent way • Recognition of your convictions
Family, SWE & Future Acknowledging a planned gift • Private • Unannounced • Recognition “Circles”
Family, SWE & Future SWE Giving Circles • Platinum Halo Circle >$1000 • Golden Gear Circle >$500 • Silver Cog Circle >$100
Family, SWE & Future Leaving a Legacy • Providing long term support to meet SWE’s goals • You have spent a good deal of effort in supporting SWE goals, why not continue the good work!