Estate Planning Attorney

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Information about Estate Planning Attorney
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Published on February 6, 2009

Author: zrawa

Source: authorstream.com

Slide 1: Who we are? Practice Areas Estate Planning Personal Injury, Auto & Work Accident Employment & Labor Slide 2: Estate PlanningByZiad Rawashdeh, CPAAttorney at LawPhone 909-393-0660Fax 909-393-0430Email ziad@zrawa.com Website: www.zrawa.com Presentation Objectives & Road Map : Presentation Objectives & Road Map Summary of California Estate Planning law Estate Planning Common Tools Explanation Comparison of these Tools Why California Residence need Estate planning Example to understand the big picture Open questions & answers What is estate planning? : What is estate planning? The biggest misconception: Many people mistakenly think that estate planning only involves the writing of a will A will is part of the planning process, but you need other documents to fully address your estate planning needs. Such as: Revocable Living Trust Durable Power of Attorney for assets(For each Spouse) Durable Power of Attorney health care (For each Spouse) Pourover Will (For each Spouse) Good Estate planning process involves : Good Estate planning process involves People: you, your family, other individuals and, sometimes, charitable organizations of your choice. Your assets: properties with all forms of ownership. Your future needs: in case you ever become unable to care for yourself. Who needs estate planning? : Who needs estate planning? Everyone needs estate planning, whether your estate is large or small. A small estate the plan may focus on: How and who will managed your assets for your benefit during your lifetime if you ever become unable to manage them yourself. Under what circumstances it makes sense to distribute your assets during your lifetime. How and by whom your personal care and health care decisions will be made during your lifetime if you become unable to care for yourself. How and to whom your assets will be distributed after your death. Who will be the guardian of your minor children when you are unavailable A large estate the plan must address, Various ways of preserving the estate assets for the beneficiaries’ benefit Tax Planning: Any strategy required to reducing or postponing estate tax What are assets included in your estate? : What are assets included in your estate? Includes all of your assets, held in your name alone or jointly with others at fair market Value Like: Bank accounts Real estate Stocks and bonds Furniture Retirement Accounts Life insurance cars and jewelry. Common Statistics: : Common Statistics: The ironic thing is that most clients think their estate plans are set up correctly. In fact: One or two out of ten do NOT even have a simple will. Nine or ten out of ten do NOT have Durable Powers of Attorney. Five to Six out of ten do NOT have Trusts A & B for estate tax planning. Nine or ten out of ten do NOT have a Family Limited Liability Company or Family Limited Partnership. Seven or eight out of ten do NOT have an Irrevocable Life Insurance Trust What Happens if you Die (Intestate) Without A Will? : What Happens if you Die (Intestate) Without A Will? California law applicable by default, Distribution according California law & may be inconsistent with your wishes The Estate will be distributed through probate Court will appoint guardian for minor children What is Probate? : What is Probate? It is a court-supervised process for transferring a deceased person’s assets to his heirs. Involves Court: Absent of a will, the court would appoint an administrator to handle your estate. No Privacy: Your estate & its value will become a public record. Expensive: Lawyer’s fees & executor’s commissions are based on a statutory fee schedule, 6-8% Time consuming: must give a notice & wait What a Will Does? : What a Will Does? Your assets will be distributed according to you wish not according State law Choose individuals or charitable organizations who will receive your assets after your death. Nominates an executor who will be appointed by the probate court to manage your estate, pay your debts and taxes; and distribute your estate according to the instructions. Nominates guardians for your minor children. Living Trust : Living Trust A trust is a legal arrangement in which the grantor transfers control of his or her property to a trust, which is managed by a trustee. What does a Revocable Living Trust Do? : What does a Revocable Living Trust Do? Assets are put into the trust and most people name themselves as the trustee in charge of managing their living trust’s assets. By naming yourself as trustee, you can remain in control of the assets during your lifetime. A successor trustee administered for your benefit during your lifetime and transferred to your beneficiaries when you die all without the need for court involvement Avoid Probate While Maintaining Total Management & Control of Assets with a living trust The difference between a Revocable Living Trust & a Will : The difference between a Revocable Living Trust & a Will What happens if you become unable to care for yourself? : What happens if you become unable to care for yourself? Durable Power of Attorney Assets Management Trustee of a living trust, provides the necessary management of all assets held in trust. Agent or attorney-in-fact in a durable power of attorney for property management handles limited financial transactions and deals assets that may not have been transferred to your living trust. Directive/durable power of attorney for health Attorney-in-fact makes health care decisions for you if you ever become unable to make such decisions. This legal document should contain your wishes concerning matters such as: All health care issues Organ donation Funeral You can choose those who will care for you, your estate and health if you ever become unable to do so for yourself by making your own arrangements in advance. EXAMPLE : EXAMPLE John & Mary are husband & wife., with 2 children Sara 2 yrs and Alex. 5 yrs They own; Let us assume that John & Mary had an accident in 2011 and John dies, Mary Dies one month later. The whole world (friends, neighbors, and Relatives) knows that John and Mary wanted to give everything they have to their children Sara and Alex. Scenario 1: John & Mary did nothing, die (Intestate) without a will : Scenario 1: John & Mary did nothing, die (Intestate) without a will Scenario 2: John & Mary have a Will only: : Scenario 2: John & Mary have a Will only: The result same as scenario 1 except: 1- Estate properties will be distributed according to John & Mary’s Will 2- Sara & Alex’s guardian will according to their Will Scenario 3: John & Mary have an Estate Plan : Scenario 3: John & Mary have an Estate Plan During John & Mary life: All assets funded to a Revocable living trust * For the benefits of John & Mary * Full management & control by John & Mary Scenario 3: John & Mary have an Estate Plan : Scenario 3: John & Mary have an Estate Plan When John dies Distribution of John’s share Bypass Trust to May & the children benefits Distribution of Mary’s own share to Marital trust to her benefit Management & control by Mary & adult children Scenario 3: John & Mary have an Estate Plan : Scenario 3: John & Mary have an Estate Plan When Mary dies Estate will be funded in trust to the benefit of Alex & Sara’s benefits Management & control by Alex & Sara if they are adults If Alex & Sara minors; management & control by a trusted person or Corporate Trustee Alex & Sara’s guardian will be named by parents Estate Passes to Children with NO ESTATE TAXES Scenario 3: John & Mary have an Estate Plan : Scenario 3: John & Mary have an Estate Plan What about the estate taxes? If your Estate Value is more than 2,000,000 : If your Estate Value is more than 2,000,000 Definitely; you need special planning, please call the office at 909-393-0660 Why trust avoid probate? : Why trust avoid probate? Because the property is re-titled to the trustee before the death of the trustor In case of a Will the title stay in the deceased spouse name Why Do You Need to have a Plan : Why Do You Need to have a Plan Protect your children by naming their guardian not allowing the court to appoint their guardian. Protect your assets & be sure they are not going to unwanted person You worked very hard to make your assets, let them go to your beloved ones Legally avoid Estate Taxes like any other wealthy American Name a trusted person to make your personal & health decisions if you are unable to make them yourself, & do not allow the court to do them for you Contact information : Contact information 5843 Pine Ave. Chino Hills Ca 91709 Phone: 909-393-0660 Fax: 909-393-0430 Email: ziad@zrawa.com Internet: www.zrawa.com

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