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July 03, 2009
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Estate Planning Terms and Definitions

 

 

 

Federal Estate Taxes
Taxes imposed by the US Government on the value of a person's estate upon his or her death.

Exemption Credit
The amount of tax credit, similar in nature to the personal income tax exemption, applied to the transfer tax due at a person's death.

Trustee
A person or institution responsible for the management and distribution of property held in a Trust. The trustee has the authority to act according to the instructions provided in the trust agreement. See Fiduciary.

Trust
A long recognized legal concept (first used in ancient Greece during the times of Socrates and Plato) in which some or all property of a Trust Creator is held on behalf of a beneficiary (which may include the trust creator) in the name of the Trustee.

Tenancy-in-Common
A form of ownership of property in which two or more persons share ownership (may be equal or unequal shares). At the death of a tenant-in-common, his/her share in the property transfers to his/her heirs, rather than to the other surviving owner(s). Compare with Joint Tenancy.

Fiduciary
A person in whom one places great confidence in and upon whom one relies for his or her integrity, trust, and good faith. A fiduciary has the legal duty to act in the best interest and benefit of another and therefore is held to the very highest legal standards. A trustee is a fiduciary.

Incapacity / Incompetent
Legally unable to manage one's own affairs due to mental disability. This may be temporary or permanent.

In-Terrorum Clause
A provision of a will or trust that disinherits a person in the event that he/she challenges the terms of the will or trust. Sometime called a No-Contest Clause.

Gain
The difference between the Tax Basis (the amount originally paid for property with certain adjustments) and the amount received for the property when it was sold.

Grantor
The person who sets up or creates the trust; also called a Settlor, Trust Creator, Trust Maker, or Trustor.

 

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Did You Know?    
 
 
A "Family Limited Partnership" can be used to own and manage your property
In a similar manner to a Trust, but allowing additional tax planning techniques to be employed. Family Limited Partnerships are typically used for those who have large estates and thus have a need for specialized estate planning in order to minimize federal and state estate/death/inheritance taxes as well as provide elements of asset protection.

 


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Latest news about Financial & Estate Planning in Missouri and nationwide:

Law Day, U.S.A., 2006
This year's Law Day theme, "Liberty Under Law: Separate Branches, Balanced Powers," honors the wisdom of the separation of powers that the Framers ...
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Attorney General To Argue His First Case Before State Supreme Court
OLYMPIA - Attorney General Rob McKenna will personally present the state’s arguments next Tuesday in Madison v. State of Washington. It will be his...
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Violation Of A Technical Rule
Businesses in California are facing, among other things, 100-400% increases in workers' compensation premiums, increasing employer mandates, a...
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Estate Planning Terms

 


Today's Terms

Grantor

Definition:
The person who sets up or creates the trust; also called a Settlor, Trust Creator, Trust Maker, or Trustor.

Inheritance Tax

Definition:
A tax imposed by the state at the time of a person's death that is based upon the total value of the decedent's estate

Domicile

Definition:
A person's permanent legal residence. While a person may have more than one residence, he or she can have only one domicile. Typically, the domicile is the same place you use for purposes of voter registration.

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Estate Planning Resources

 


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Estate Planning Hot Topics

 
Topics Related to Estate Planning:

  • Trusts
  • Wills
  • Uniform Probate Code
  • Gift Tax

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Missouri Estate-Planning Attorney

 
If you live in the following cities and need an Estate-Planning attorney you should contact our Estate-Planning Attorney as soon as possible:

  • Arnold
  • Ballwin
  • Belton
  • Blue Springs
  • Cape Girardeau
  • Chesterfield
  • Columbia
  • Fenton
  • Florissant
  • Grandview
  • Independence
  • Jefferson City
  • Joplin
  • Kansas City
  • Lebanon
  • Liberty
  • O Fallon
  • Poplar Bluff
  • Rolla
  • Saint Charles
  • Saint Louis
  • Saint Peters
  • Sedalia
  • Sikeston
  • Springfield
 


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