Protect Your Assets Through A Living Trust

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    08-May-2015
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Learn why you need to protect your business and personal assets through a living trust.

Transcript of Protect Your Assets Through A Living Trust

  • 1.Estate Planning & Wealth Preservation Planning usingREVOCABLE LIVING TRUSTS SpeakerKevin L. Day, Esq. Solana Beach, California This material is Copyrighted and may be reproduced only with the owners written consent

2. This presentation does not constitute the rendering of legal advice or services.The information being presented is intended for informational use only and is not asubstitute for legal advice.State, national and international laws vary, as do individual circumstances; so always consult a qualified attorney on all legal matters. Legal Notice and Disclaimer This material is Copyrighted and may be reproduced only with the owners written consent 3. Kevin L. Day, Esq. is one of the leading estate planning and international asset protection planning attorneys in the United States and is President of the law firm of Day & Associates Incorporated in Solana Beach, California. Mr. Days Bachelor Degree is in Chinese Studies, and he holds both a Masters of Business Administration in International Management and Doctor of Jurisprudence degree. 4.

      • Domestic Revocable Trusts;
      • Probate Avoidance[why you want this]
          • Cost 5-7% of your estate
          • 2 years time on average for a smaller estate
      • Control
        • You decide how and under what conditions your heirs inherit
      • Privacy[No Public Record Filing Required]
      • Disability Planning
        • You decide who can make your healthcare decisions
        • Do not have a Court Appointed conservator running your estate
      • Tax Saving - with the proper provision keep your gift tax exemptions. [This could mean millions of dollars in savings]

This Session What You Are Going To Be Seeing More Of 5. What is a Trust In general terms all Trusts behave the same Trustee Legal Owner Beneficial Owner Trust Deed Beneficiary Assets Settlors 6. Grantor Trustee Beneficiary Trust What Is A Trust? Grantor Trustee Beneficiary 7. Revocable vs. Irrevocable Revocable vs. Irrevocable Revocable vs. Irrevocable Revocable vs. Irrevocable What Is A Trust? Settlor Trustee Trust Beneficiary 8.

  • Understanding Living Trusts
  • How toAvoid Probate[time and costs]
  • How to Preserve EstateTaxExemptions
  • How toControlDistributions and Conditions of Inheritance
  • How to MaintainPrivacyof Your Affairs

Revocable Trust 9. SETTING UP YOUR LIVING TRUST

  • Make Decisions
  • Living Trust Team
  • Inheriting Instructions *
  • Medical Care Issues
  • Attorney Prepares Documents
  • Change Titles
  • You Keep Complete Control

10. FOR EXAMPLE:

  • From
  • John and Mary Smith, Husband And Wife
  • To
  • John and Mary Smith, Trustees Under The Smith Family Trust Dated January 1, 2009

11. PROBATE FEES- California Example-Every state is different

  • $15,000
  • 100,000
  • 200,000
  • 500,000
  • 1,000,000
  • 2,000,000
  • 5,000,000
  • $1,200
  • 8,000
  • 14,000
  • 26,000
  • 46,000
  • 66,000
  • 126,000

. . . . . . . CALIFORNIA PROBATE FEES ( 10800 et sec) These fees can be charged by the attorney..and the Court. 12. How a Funded RevocableLiving Trust Works Co-Owned Property of Husband & Wife At 1st Death No Probate Husbands Separate Property Wifes Separate Property Surviving Spouses Trust: $1,000,000 in 2014 Estate Tax Exclusion Amount Decedents Bypass Trust:$5,000,000 in 2011 Estate Tax Exclusion Amount At 2nd Death No Probate Outright to Children Revocable Living Trust of Husband & Wife 13. SUMMARY COMPARISON

  • Cost
  • Time
  • Privacy
  • Contesting
  • Incapacity
  • Minors
  • Control
  • LIVING TRUST
  • $,2000 - $5,000
  • 4 - 8 Weeks
  • Maximum
  • Difficult
  • No Probate
  • No Guardianship
  • Maximum

PROBATE 7% of the Estate 1 2+ Years None Easy Living Probate Guardianship None 14. Uncle Sam Wants His InheritancePaid Within 9 Months 15. Revocable Living Trust

  • Protection from Probate
  • No Conservatorship Needed
  • You Maintain 100% Control
  • Gift Tax Exemption Preserved
  • Maintain Privacy(No public action)
  • Inheritance Conditions
  • (gradual steps, education, etc)
  • Lawsuit Protection None

16. Documents Included In YourComplete Living Trust Estate Plan

  • Administrative Instructions
  • Document Signing Instructions
  • Living Trust Agreement
  • Pour-Over Wills
  • Community Property Agreement (if applicable)
  • Advanced Medical Directive
    • Durable Power-of-Attorney for Health Care including
    • Directive to Physicians Regarding Use of Artificial Life
    • Support (Living Will)
  • Durable & Special Power-of-Attorney for Property
  • Limited & Miscellaneous Power-of-Attorney
  • Successor Trustees Instructions
  • Funding Your Trust Instructions
  • Final Instruction Checklist

17. Your choice successor You You You REVOCABLE TRUSTS(Living Trusts) Who Can Hold Which Position? Grantor Trustee Beneficiary Trust 18. Already HaveA Living Trust?

  • Have your estate planned reviewed.
  • Laws Change
  • Assets Change
  • Tax Changes
  • Family Changes

19. Do It Your Self Estate Planning? Completing a questionnaire does not make an estate plan. You are making permanent decisions about your assets. Moving your assets and funding your plan has consequences. 20. Your Next Step I Need a Trust Dont wait another day.Call1-800-648-0966 and receive $500 off the cost of a Complete Trust Package. Call 1-800-648-0966 and the first 5 people will received a FREE Trust review.A $125 Value. I Already Have A Trust 21. 1-800-648-0966 & DAYASSOCIATES I N C O R P O R A T E D Estate Planning & International Asset Protection Law