Fred Schoen Fiduciary Services, Inc.
Estate Planning
 
Implications

Durable Power of Attorney
A will makes no provision for your incapacity. A will is effective only at your death. Thus, there is always the possibility that if you were severely injured or became ill and were unable to manage your affairs, the Court would place you under Guardianship. Every major decision regarding your affairs would involve the Court, which is extremely costly and becomes a public record. For this reason, a comprehensive estate plan should include a Durable Power of Attorney

What if you die without an estate plan?
Tax implications of an estate

It is imperative to understand the federal and state tax implications of any will that you sign. Federal law allows each individual to leave and estate of an amount equal to the applicable exclusion (less any lifetime transfers subject to gift tax) free of any federal estate tax. Below are the current Federal estate tax figures. Please note this does not include Washington State estate tax:

FOR A TAXABLE ESTATE
THE FEDERAL ESTATE TAX
From
To
Is
of Amount Over
$0
$10,000
18%
$0
10,001
20,000
1,800 + 20%
10,000
20,001
40,000
3,800 + 22%
20,000
40,001
60,000
8,200 + 24%
40,000
60,001
80,000
13,000 + 26%
60,000
80,001
100,000
18,200 + 28%
80,000
100,001
150,000
23,800 + 30%
100,000
150,001
250,000
38,000 + 32%
150,000
250,001
500,000
70,800 + 34%
250,000
500,001
750,00
155,800 + 37%
500,000
750,001
1,000,000
248,300 + 39%
750,000
1,000,001
1,250,000
345,800 + 41%
1,000,000
1,250,001
1,500,000
448,400 + 43%
1,250,000
1,500,001
& Up
555,800 +45%
1,500,000
 
UNIFIED CREDIT
If You Die During
Top Estate Tax Rate
Applicable Unified Credit
Equivalent Exemption
2003
49%
345,800
1,000,000
2004
48%
555,800
1,500,000
2005
47%
555,800
1,500,000
2006
46%
780,800
2,000,000
2007
45%
780,800
2,000,000
2008
45%
780,000
2,000,000
2009
45%
1,455,800
3,500,000
2010
Repealed for 1 year
Unlimited
Unlimited
2011
55%
345,800
1,000,000


Amounts over the applicable exclusion may be subject to taxation at tax rates ranging from 37% to a maximum rate or 55%.

Current Washington State Estate Tax Overview

The Legislature enacted and the Governor signed into law a new Washington estate tax effective May 17, 2005. Estates of decedents who die on or after the effective date are subject to the tax. This is a stand-alone estate tax that incorporates some provisions of the Internal Revenue code as of January 1, 2005. However, the Washington estate tax is not affected by the scheduled termination of the federal estate tax in 2010.

The table below is then applied to the Washington taxable estate (which is generally defined as the value of a decedent’s assets in excess of the $2,000,000 exempt amount):

If Washington Taxable
The Amount of Tax Equals
Of Washington Taxable Estate Value Greater Than
Estate is at Least
But Less Than
Initial Tax Amount
Plus Tax Rate %
 
$0 $1,000,000 $0 10.00% $0
$1,000,000 $2,000,000 $100,000 14.00% $1,000,000
$2,000,000 $3,000,000 $240,000 15.00% $2,000,000
$3,000,000 $4,000,000 $390,000 16.00% $3,000,000
$4,000,000 $6,000,000 $550,000 17.00% $4,000,000
$6,000,000 $7,000,000 $890,000 18.00% $6,000,000
$7,000,000 $9,000,000 $1,070,000 18.50% $7,000,000

Above $9,000,000

  $1,440,000 19.00%

Above $9,000,000

 


Cost of Estate Planning Documents
The initial fees for drawing up a will can range from $500.00 to $2000.00 or more, depending on the complexity of the estate plan. While the cost of preparing a will can be modest, the cost of dying without an estate plan can be very expensive.

 
 
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