Professional Documents
Culture Documents
TWCLP-01 LegacyBook
TWCLP-01 LegacyBook
TWCLP-01 LegacyBook
–Mike Murdock
WISDOMONLINE.COM TWCLP-01
INTRODUCTION TO
ESTATE PLANNING
Estate Planning involves not only decisions as
to who should receive your property at death, but an
understanding of how such property will pass at
death.
This memorandum summarizes information
about ownership of property, elementary Estate tax
planning, and principal decisions which need to be
made in the Estate Planning process.
This memorandum does not consist of, and does
not provide, legal advice.
I. Ownership of Property
A common misconception in Estate Planning is
that your Last Will and Testament will determine who
will receive all of your property at death.
A Last Will and Testament will control the
distribution of property...titled in your sole name,
property made payable to your Estate, and property
held by you as a tenant in common.
However, your Last Will and Testament will have
no effect on determining who receives property held by
you in joint tenancy with the right of survivorship,
held by a Trustee of a Trust or property made payable
to a beneficiary other than your Estate (such as life
insurance proceeds).
Because of this, an important part of Estate
Planning is a review of the Ownership of Your Assets.
The various types of ownership are discussed below in
more detail.
-1-
Property”): Your Last Will and Testament will control
the distribution of your real estate and personal
property which is held in your sole name, assets made
payable to your Estate (such as life insurance
proceeds or other company benefits) and interests
held by you as a tenant in common.
These properties are referred to as “probate
property.” Estate Administration Proceedings must
be conducted after your death...for this property to
be distributed to the persons entitled to it under the
provisions of your Last Will and Testament.
Estate Administration Proceedings are court
supervised proceedings and can last from 6 months to
several years, depending on the size of the Estate and
its complexity.
-2-
event of your incapacity. If you have transferred
property to The Trust prior to the incapacity, then the
Trustee can continue to manage The Trust property.
If you have not transferred your property to The
Trust prior to the incapacity but have executed a
Durable Power of Attorney, your Attorney-In-Fact can
transfer your assets to The Trust for management
purposes.
Such transfers may also be made in the event of a
terminal illness in order to avoid probate.
If you decide on a Revocable Living Trust as the
primary document of your Estate Plan, it is
recommended that you also prepare a “Pour-over” Will,
which distributes all of your probate property, if any,
to your Trust at death.
-3-
II. Basics of Estate Planning
A. Who Should Inherit Your Property: The
basic decision in Estate Planning is who should
inherit your property at your death.
You must consider whether you want to leave a
sum of money or certain items of tangible personal
property to designated beneficiaries.
You need to decide who should receive...(1) the
rest of your tangible personal property (such as
household items and personal effects) and...(2) the
balance of your Estate (cash, bonds, real estate and all
other assets). You should provide for alternate
beneficiaries in the event the primary beneficiary or
beneficiaries predecease you.
You should also consider whether you want the
gift to be an outright gift or placed in a Trust for
management purposes. Trusts are appropriate for
marital gifts and gifts to the elderly or a disabled
person. Trusts also are used for gifts to minors, as
discussed under Paragraph D, below. All of these
Trusts can be contained in a Last Will and Testament
or in a Revocable Living Trust.
-4-
normally part of any public record.
In addition to one of the above types of Estate
Plans, you should consider a Durable Power of
Attorney. A Durable Power of Attorney is one which
will continue to be effective even in the event of a
lifetime disability. The person holding such a power
could manage the property of the disabled person
during such person’s lifetime. When a person has a
Revocable Living Trust, the principle purpose of the
Durable Power of Attorney is to provide a designated
person the ability to put the disabled person’s assets
into The Trust for more flexible asset management
and to shelter those assets from probate.
-5-
The Estate Tax Savings Part would be a Trust
funded with the amount of assets you can give at
death “Estate tax free” to persons other than your
spouse, which amount increases each year under tax
law, but begins at approximately $1,250,000.
The beneficiaries of The Trust can be your spouse
and your children. The savings in Estate taxes comes
at the death of the surviving spouse because the
assets in The Trust will not be part of the surviving
spouse’s Estate for Estate tax purposes and will
therefore escape Estate taxes at the surviving
spouse’s death.
The second part of your Estate, the marital part,
will consist of the balance of your Estate (assets in
excess of $1,250,000). The marital part is not taxable
for Estate tax purposes because of an Estate tax
marital deduction. However, the marital part will be
part of the surviving spouse’s Estate for Estate tax
purposes at his or her death.
If you do not divide your Estate into two parts,
but give all of your assets to your spouse, there would
be no Federal Estate Tax at the first death because of
the marital deduction, but all of your assets will be
included as part of the surviving spouse’s Estate for
Estate tax purposes at his or her death (compared
with all of your Estate less $1,250,000 in the first
example).
There are reasons other than tax planning which
cause many people to create a Trust for some part of
the Estate at the death of the first spouse. For
example, a Trust can be used to help shelter property
from creditors of the surviving spouse and from
marital claims in the event of remarriage of the
surviving spouse.
A Trust can also ensure property is available for
-6-
children and grandchildren while providing lifetime
security for the surviving spouse.
-7-
during the Estate Administration Proceedings and
has the duty to see that all Income and Estate Tax
Returns are properly filed.
In addition, if your Estate Plan includes one or
more Trusts, you must decide who should act as
Trustee or Successor Trustee and if you have minor
children, who should act as Guardian and Alternate
Guardian.
Further, if your Estate Plan includes a Durable
Power of Attorney, you must designate an Attorney-In-
Fact.
B. Ownership of Assets:
1. Review the ownership of all of your
assets and beneficiary designations.
2. For married persons, determine the
approximate size of your combined net estates. For
combined net Estates in excess of $1,250,000, you
should consider the use of an Estate Tax Savings
-8-
Trust in a Last Will and Testament or Revocable
Living Trust.
-9-
Special Reminder
These are the Primary Decisions which will
influence the type of Estate Plan you select. Again,
this Basic Estate Planning Introduction is no
substitute for a qualified attorney, and it does not
provide legal advice. Your Final Estate Plan will be
complete only after it has been approved by an
attorney.
To facilitate any such planning, however, The
Wisdom Center is enclosing suggested methods and
wording for remembering The Church during your
life, or at the time of your death, through proper
Estate Planning and Biblical Stewardship.
You and your Estate Planning Advisor may find
these provisions and suggestions to be helpful since
you have indicated a charitable interest in recognizing
or remembering The Wisdom Center through your
Estate Plan.
NOTICE:
Neither the author, the publisher, nor this
organization is engaged in rendering legal,
investment or tax advisory services. For advice and
assistance on specific cases, the services of an attorney
or other professional advisor should be obtained. The
purpose of this publication is to provide accurate and
authoritative information of a general character only.
Watch for tax revisions. State laws govern Wills,
Trusts, and charitable gifts made in a contractual
agreement. Advice from legal counsel should be
sought when considering these types of gifts.
-10-
SUGGESTED METHODS AND WORDING FOR
REMEMBERING
THE WISDOM CENTER
IN YOUR PERSONAL WILL
(Please Review This With Your Personal Lawyer)
-11-
Fort Worth, TX 76117, for its corporate uses and
purposes; provided, however, that if [name of
beneficiary] survives me, THE WISDOM CENTER
shall, as promptly as may be after my death, issue to
[name of beneficiary] a Gift Annuity Agreement upon
[his/her] life, in the form customarily issued by it.”
-12-
A Very Personal Word
The Wisdom Center Stewardship Planning.
The future growth and development of The Wisdom
Center depends greatly upon the support received
from individuals like you.
We are prepared to provide information and
personal assistance, without obligation, to help you
carry out your objective most efficiently.
Please do not hesitate to call on us if we can be of
help to you.
Enclosed Documents. The following documents
contain a mechanism to permit Estate Planning
individuals to gather, assemble and maintain
summaries of documents, information, histories and
other information that would be helpful to the
individual’s family, loved ones and/or heirs in the
event of a serious disability, terminal illness or death.
This type of information or documentation
includes summaries of an individual’s history, location
of documents, financial information, funeral and
burial arrangements, projections of income,
preferences relative to guardianships, raising minor
children, managing family businesses, etc.
The purpose of and use for this type of document
is to facilitate Estate Planning when an individual
becomes disabled, terminally ill or dies. If the
document is utilized properly, and kept current, it
provides a tremendous benefit to an individual’s
family, loved ones and heirs at a time when it is
particularly difficult for these persons to achieve the
requirements accomplished by the document.
The Valuable Instructions. The Instructions
include funeral/burial requests, insurance
information, bank account identification and safe
-13-
deposit box locations, and summaries of or specific
descriptions of the circumstances of a person’s life,
including business and financial activities, enabling
and facilitating the requirements such person may
expect of the family, loved ones or heirs in the event of
disability or death.
Immediate Priority. The documents should
be completed as soon as possible, updated frequently,
copied and distributed to appropriate persons.
A copy of the completed document also should be
placed with the Last Will and Testament, and
maintained additionally in any safe deposit box
maintained by the individual Estate Planner. The
document also includes the names and identification
of individuals who may provide professional or other
services relative to Estate Planning, including
attorneys, accountants, financial advisors, life
insurance agents, contact persons with state, local and
federal agencies, and other persons who have
significant roles in the life of or other relationships
with the individual completing the document.
Thank You..!
Your Passion... To care for the souls of others is
noted and celebrated.
Your Confidence... In this Ministry is a
Treasure and will be Protected at All cost.
Your Seed... Will unlock an Uncommon Harvest
much sooner than you ever dreamed.
Faithfully,
-14-
If you have ever felt
hopeless... you know
the beauty and power
of the Force of Hope.
WisdomOnline.com
SCHOLARSHIPFUND
For Christian Education
A Miracle Is In Your Future..!
Thousands who come through The
Wisdom Center need intensive training.
Christian Education is one of our
greatest challenges. That is why we have
established the Willie Murdock
Scholarship Fund For Christian Education
in honor of my Mother.
Your Seed toward this Scholarship
Fund will enable a Young Timothy
(minister) to complete their Bible School
Training. Thank you for your
partnership...remember, What You Make
Happen For Others, God Will Make Happen
For You.
–Mike Murdock
WISDOMONLINE.COM TWCLP-01