What’s an “ESTATE”?

What’s an “ESTATE”?

What does “ESTATE” mean?

Do I have an “ESTATE”?

As an estate planning attorney, it is surprising to me how many people ask me what an “estate” is.  There is a misconception that an “estate” is something for the very wealthy like millionaires or billionaires or that an “estate” means that you own real estate.

In the simplest terms, your “estate” is EVERYTHING you own.  Now if you don’t own anything, then you don’t have an estate.  If you own something, then you do have an estate.  99.99% of people have an estate.

So even the poorest homeless man has an estate even if it is just a dollar to his name and a bottle of whiskey in his hand.

It naturally follows that “estate planning” is the process that anyone with an estate does to transfer their assets and property to the person of their choosing.  Without an estate plan, the alternative is to rely on the default statutes under the law which, in many cases, differ substantially from the wishes of the person who died.

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In the world of estate planning law, there has been much buzz in recent months regarding what the estate tax threshold will become.  There has been much debate in Congress regarding what amount will be subject to estate taxes at rates of around 45%.  To demonstrate the issue, here is a standard situation.

Let’s assume you are single.

Here are your assets and debts:

Home: $200,000

401K: $40,000

IRA: $60,000

Life Insurance Policy for the benefit of your son: $1,000,000

Mortgage on your home: ($100,000)

For calculating estate taxes, your net worth is $1,200,000.

If the estate tax threshold settles in at $1,000,000 starting in 2011, $200,000 of your estate is subject to state and federal estate tax.  The bite out of that could be as much as $100,000 back to the government.  When you factor in the value of life insurance, it isn’t hard to reach the $1,000,000 threshold in many cases.  For a single person, there are a number of strategies to reduce this potential estat tax effect.  For a couple, likewise, there are additional options as well.

I would strongly recommend reading this article in the USA Today to learn more.  It has some very interesting information about where estate taxes might be headed.

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