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Estate Planning

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Will With QDOT (Qualified Domestic Trust) (25 Pages)
$ 69.00

 This Will is a Form of Qualified Domestic Trust – to be used when the surviving spouse is not a United States citizen, but the marital deduction at the death of the first spouse to die is desired to be used. The general rule of taxation prohibits the use of the marital deduction if the surviving spouse is not a U.S. citizen. Code Section 2056A requires a series of special requirements to enable the use of the marital deduction in this situation, which requirements are incorporated in this document. Note that this trust is drafted from the viewpoint of the decedent’s husband being the survivor. Obviously, that can be modified.

Will Outright To Spouse Then Held In Spendthrift Trust (17 Pages)
$ 49.00

This Will leaves all property to the surviving spouse. If there is no surviving spouse, the property is left in trust for a child or children, for a duration of 15 years (There is no “magic” to the 15 years here – this Form can be modified to a different duration of years for the trust to run).  This is an ideal trust for a client who is concerned about a child, grandchild or any other beneficiary, running through their inheritance.
 

The trustees are authorized to pay income and principal to or for the benefit of the child, but such payments are capped at $15,000 per year. (There is no "magic" to the $15,000 here - this Form can be modified for different annual amounts.) When the 15 year term is up, the trust property passes outright to the Beneficiary. If the Beneficiary does not survive to inherit, or survives but dies before the 15 years have elapsed, the property passes to the descendants of the testator per stirpes. Article NINTH includes a spendthrift clause.

Will For Widow Treating Two Children And Heirs Differently (18 Pages)
$ 39.00

This is a Form of a Will created by a widow with two children and numerous grandchildren. As the result of different levels of sophistication regarding the management of financial issues between her son and his family and her daughter and her family, the testator here has essentially divided her estate equally between her two children and their families, while at the same time has created different dispositive provisions for her children and their families

Waiver of Accounting and Release (1 Page)
$ 29.00

This is a simple Form of a Waiver of Accounting and Release. It may be used in the administration of an estate where the beneficiaries are comfortable with the job the executor (executrix, personal representative, etc.) has done, and there is no reason for the beneficiaries to request or demand a formal accounting

Two-Year Grantor Retained Annuity Trust (GRAT) (24 Pages)
$ 79.00

This is a Form of a GRAT designed to have a duration of two years. It is sometimes referred to as a short-term GRAT, or a Walton GRAT after the Tax Court case (Walton v. Commissioner) that authorized the zeroed-out GRAT planning concept. The goal here is to have the grantor recover everything placed into the trust, plus the applicable Code Section 7520 federal rate published by the IRS (the so-called “hurdle rate”) so that there is no gift, but any appreciation over the value to be recovered by the grantor remains in the trust for the benefit of the trust beneficiaries. That appreciation passes to the beneficiaries without any tax consequence to them or to the grantor.
 

This Form contains a specific power of substitution (paragraph 13) which allows the grantor to swap property in the trust for other property of equivalent value.
Trust Protector Provisions (2 Pages)
$ 49.00

This Form is a Trust Protector clause. Many trust grantors are concerned that events will occur after a trust has been created that were unanticipated when the trust became effective. This may occur either with an irrevocable lifetime trust or with a trust that becomes effective in a person’s Will. Perhaps a beneficiary may become incapacitated or act in an unexpected or undesirable manner. Perhaps a selected trustee will prove to be a bad choice

Trust for the Care of Animals (Pet Trust) (4 Pages)
$ 59.00

This Form is a Trust for the care of the grantor’s animals (pets). It is designed to be a stand-alone trust agreement – but may easily be modified to be inserted into a will as a clause dealing with the testator’s pets. The Form appoints a trustee as the manager of the trust fund, and a caregiver as the custodian of the pets. Both appointees are given rights and responsibilities to assure the wishes of the grantor for the care of the pets are fulfilled. 

Tax Cuts And Jobs Act Of 2017 (28-Page Book)
$ 0.00

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Released January 18, 2018 - Written by Gonzalo Freixes, Esquire.
Click the above "Learn More" button to read the Table of Contents, several Sample Pages and Mr. Freixes' curriculum vitae.

Spousal Lifetime Access Trust (SLAT) (10 Pages)
$ 59.00

This is a Form of a Spousal Lifetime Access Trust. With the increased transfer tax exclusion in 2018 and the concern that the law will sunset in eight years – and possibly sooner via political change, the SLAT is an excellent way for a person to make a transfer using this trust that names his or her spouse as the primary beneficiary without claiming the marital deduction, so that the donor spouse is assured of using the increased exclusion just in case it is reduced in the future.  

 

Split Dollar Life Insurance Agreement (With Irrevocable Life Insurance Trust As Policy Owner) And Collateral Assignment Of The Policy To The Employer By The Trustee (11 Pages)
$ 49.00

Split Dollar Life Insurance Agreement (With Irrevocable Life Insurance Trust As Policy Owner) And Collateral Assignment By Trustee (11 Pages)
Included herewith are two (2) Forms:
1. A Split Dollar Agreement (With Irrevocable Life Insurance Trust As Policy Owner) and
2. The Collateral Assignment Of The Policy To The Employer By The Trustee
The purpose of the Split Dollar Agreement ("SDA") is to allow an employee to have life insurance premiums paid for his or her benefit by the employer and, upon the death, or other termination, of the employee, to allow the employer to be reimbursed for the premiums paid.
In this Split Dollar Form, the owner of the policy is an irrevocable life insurance trust created by the employee. Thus, the trustee of the trust, as the policy owner, must be a party to the SDA.

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