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A step-by-step guide on how to calculate estate taxes and explains the importance of having a will. It covers the calculation of the gross estate, taxable estate, gift-adjusted taxable estate, and estate taxes. Additionally, it discusses the role of a will, its components, and the probate process.
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This is the value of all of the deceased’s assets.
This includes life insurance, pensions,investments, and any real or personalproperty.
This is equal to the gross value of thedeceased’s estate minus funeral andadministrative expenses, debts, liabilities,taxes and any marital or charitabledeductions.
Estate taxes are equal to the gift-adjustedtaxable estate multiplied by the appropriatetax rate.
To determine the net tax owed calculate thetotal tax owed and subtract the unified giftand estate tax credit. In 2000/2001, the $675,000 estate tax transfer thresholdequaled a credit of $220,500.
Will -- a legal document that transfers an estate afterdeath - Beneficiaries -- the people who receive your property - Executor or personal representative -- the personwho is responsible for carrying out the provisions ofthe will - Guardian -- cares for minor children and managestheir property
Disadvantages of the probate process
Numerous costs and fees – legal fees, executorfees, court fees – that can run to 1% to 8% of theestate value - Process can be slow, especially if there arechallenges to the will or tax problems
So state law will not dictate the
distribution of your assets - custody of children or care for those with specialneeds - To avoid a court-appointed administrator andassociated costs
Wills should be stored in a safe place;however, a safety deposit box is not always agood place because it may be sealed uponyour death.
Note: Always tell someone you trust whereyour will is so it can be found upon yourdeath.
Introductory statement
Payment of debt and taxes clause - Disposition of property clause - Appointment clause - Common disaster clause - Attestation and witness clause