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estate planning
the process of developing a plan to administer and distribute your assets, in a manner consistent with your wishes and the needs of your survivors, while minimizing taxes
gross estate
all property owned by the decedent that might be subject to federal estate taxes upon a person's death
probate estate
the real and personal property owned by a person that can be transferred at death by will
administrator
the personal representative of the estate appointed by the court if the decedent died intestate
codicil
a document that legally modifies a will without revoking it
community property
all marital property co-owned equally by both spouses while living in a community property state
durable power of attorney for financial matters
a legal document that authorizes another person to take over someone's financial affairs and act on his or her behalf
durable power of attorney for health care
a written power of attorney authorizing an individual to make health care decisions on behalf of the principal when the principal is unable to make such decisions. Also called advanced directive for health care
ethical will
a personal statement left for family, friends, and community that shares your values, blessings, life's lessons, and hopes and dreams for the future. Also called legacy letter
executor
the personal representative of an estate designated in the decedent's will
intestacy
the situation that exists when a person dies without a valid will
joint tenancy
a type of ownership by two or more parties, with the survivor(s) continuing to hold all such property upon the death of one or more of the owners
letter of last instructions
an informal memorandum that is separate from a will and contains suggestions or recommendations for carrying out a decedent's wishes
living will
a document that precisely states the treatments a person wants if he or she becomes terminally ill
probate process
the court-supervised disposition of a decedent's estate
right of survivorship
the right of surviving joint owners of property to receive title to the deceased joint owner's interest in the property
tenancy by the entirety
a form of ownership by husband and wife, recognized in certain states, in which property automatically passes to the surviving spouse
testator
the person who makes a will that provides for the disposition of property at his or her death
tenancy in common
a form of co-ownership under which there is no right of survivorship and each co-owner can leave his or her share to whomever he or she desires
will
a written and legally enforceable document expressing how a person's property should be distributed upon his or her death
beneficiaries
those who receive benefits—property or income—from a trust or from the estate of a decedent. A grantor can be a beneficiary of his own trust
grantor
a person who creates a trust and whose property is transferred into it. Also called settlor, trustor, or creator
irrevocable life insurance trust
an irrevocable trust in which the major asset is life insurance on the grantor's life
irrevocable living trust
a trust in which the grantor gives up the right to revoke or terminate the trust
living (inter vivos) trust
a trust created and funded during the grantor's lifetime
pour-over will
a provision in a will that provides for the passing of the estate—after debts, expenses, taxes, and specific bequests—to an existing living trust
revocable living trust
a trust in which the grantor reserves the right to revoke the trust and regain trust property. The grantor can serve as the initial trustee
testamentary trust
a trust created by a decedent's will and funded through the probate process
trust
a legal relationship created when one party transfers property to a second party for the benefit of third parties
trustee
an organization or individual selected by a grantor to manage and conserve property placed in trust for the benefit of the beneficiaries
annual exclusions
under the federal gift tax law, the amount that can be given each year without being subject to gift tax—for example, $17,000 in 2023. This amount is indexed for inflation
applicable exclusion amount (AEA)
credit given to each person that can be applied to the amount of federal estate tax owed by that person at death. In 2023, the AEA was $12,920,000 per spouse.
estate tax
a tax levied on the value of property transferred at the owner's death
federal unified transfer tax
a tax on the right to transfer property from one individual to another
gift splitting
a method of reducing gift taxes; a gift given by one spouse, with the consent of the other spouse, can be treated as if each had been given one-half of it
gift tax
a tax levied on the value of certain gifts made during the giver's lifetime
unified rate schedule
a graduated table of rates applied to all taxable transfers; used for both federal gift and estate tax purposes
unified tax credit
the credit that can be applied against the tentative tax on the estate tax base
insurance policy
a contract between the insured and the insurer under which the insurer agrees to reimburse the insured for losses suffered according to specified terms
loss control
any activity that lessens the severity of loss once it occurs
loss prevention
any activity that reduces the probability that a loss will occur
risk assumption
the choice to accept and bear the risk of loss
risk avoidance
avoiding an act that exposes one to a risk
underwriting
the process used by insurers to decide who can be insured and to determine applicable rates that will be charged for premiums
multiple-of-earnings method
a method of determining the amount of life insurance coverage needed by multiplying gross annual earnings by some selected number
needs analysis method
a method of determining the amount of life insurance coverage needed by considering a person's financial obligations and available financial resources in addition to life insurance
Social Security survivor's benefits
benefits under Social Security intended to provide basic, minimum support to families faced with the loss of a principal wage earner
cash value
the accumulated refundable value of an insurance policy; results from the investment earnings on paid-in insurance premiums
convertibility
a term life policy provision allowing the insured to convert the policy to a comparable whole life policy
credit life insurance
life insurance sold in conjunction with installment loans
decreasing term policy
a term insurance policy that maintains a level premium throughout all periods of coverage while the amount of protection decreases
group life insurance
life insurance that provides a master policy for a group; each eligible group member receives a certificate of insurance
industrial life insurance (home service life insurance)
whole life insurance issued in policies with relatively small face amounts, often $1,000 or less
mortgage life insurance
a term policy designed to pay off the mortgage balance in the event of the borrower's death
nonforfeiture right
a life insurance feature giving the whole life policyholder, upon policy cancellation, the portion of those assets that were set aside to provide payment for the future death claim
portability
option to convert a group life insurance policy to an individually issued life policy
premium offset
a life insurance feature whereby premiums due can be paid using interest earned on cash values or dividends
renewability
a term life policy provision allowing the insured to renew the policy at the end of its term without having to show evidence of insurability
straight term policy
a term insurance policy written for a given number of years, with coverage remaining unchanged throughout the effective period
term (level) life insurance
insurance that provides only death benefits, for a specified period, and does not provide for the accumulation of cash value
universal life insurance
permanent cash-value insurance that combines term insurance (death benefits) with a tax-sheltered savings/investment account that pays interest, usually at competitive money market rates
variable life insurance
life insurance in which the benefits are a function of the returns being generated on the investments selected by the policyholder
whole life insurance
life insurance designed to offer ongoing insurance coverage over the course of an insured's entire life
beneficiary
a person who receives the death benefits of a life insurance policy after the insured's death
disability clause
a clause in a life insurance contract containing a waiver-of-premium benefit alone or coupled with disability income
guaranteed purchase option
an option in a life insurance contract giving the policyholder the right to purchase additional coverage at stipulated intervals without providing evidence of insurability
life insurance policy illustration
a hypothetical representation of a life insurance policy's performance that reflects the most important assumptions that the insurance company relies on when presenting the policy to a prospective client
multiple indemnity clause
a clause in a life insurance policy that typically doubles or triples the policy's face amount if the insured dies in an accident
participating policy
a life insurance policy that pays policy dividends reflecting the difference between the premiums that are charged and the amount of premium necessary to fund the actual mortality experience of the company
policy loan
an advance, secured by the cash value of a whole life insurance policy, made by an insurer to the policyholder