Title: Chapter Nineteen
1Chapter Nineteen
Accounting for Estates and Trusts
2Estate Accounting
3Estate Accounting
- Laws governing wills and estates are called
probate laws. - Each state establishes its own laws of descent
and laws of distribution. - 50 of states have adopted the Uniform Probate
Code.
- Probate Laws generally have 3 purposes
- Gather and preserve all of the decedents
property. - Carry out an orderly and fair settlement of all
debts. - Discover and carrying out the decedents
intentions for remaining property at death.
4Administration of the Estate
Probate Process
1. The will is presented to the court.
3. An executor or administrator is assigned.
Entitled to compensation.
2. The court rules on the wills validity.
4. The terms of the will are carried out.
5Executor Responsibilities
- Take possession of all decedents assets and
complete an inventory of the property. - Discover claims against the estate and settle
those claims. - File estate tax returns.
- Federal and State
- Distribute property
- Make a full accounting to the probate court.
6Property Included in the Estate
Stocks and Bonds
Accrued Interest
CAH
Dividends
Valuables
Investments in Businesses
Unpaid Wages
Accrued Rents Royalties
7Discovery of Claims Against the Estate
- Order of priority
- Expenses of administering the estate.
- Funeral and medical expenses.
- Debts and taxes.
- All other claims.
8Discovery of Claims Against the Estate
- Types of Gifts
- Specific legacy.
- Demonstrative legacy.
- General legacy.
- Residual Legacy.
9Discovery of Claims Against the Estate
- Order of abatement in the event of insufficient
funds to pay debts and expenses - Specific legacies.
- Demonstrative legacies.
- General legacies.
- Residual legacies.
10Estate and Inheritance Taxes
11Federal Estate Taxes
12Federal Estate Tax Rates
The rates below were established by Congress in
the Economic Growth and Tax Relief Reconciliation
Act of 2001.
13Other Estate Issues
- State Inheritance Taxes
- Often, recipients of property, must contribute
cash to the estate to cover the applicable taxes. - Estate Income Taxes
- Any income from the estate assets is taxable to
the estate. - An exemption of 600 is provided.
- Separate tax rates are available for estate
income.
14The Distinction Between Income and Principal
- The recipient of estate income is called the
income beneficiary. - The recipient of the estate principal is called
the remainderman. - How income is to be determined should be defined
by the decedent in the will.
- Income of the Estate often includes
- Recurring taxes such as property taxes.
- Ordinary repair expense.
- Utility expense.
- Insurance expense.
- Other expenses necessary for the management and
preservation of the estate.
- Principal of the Estate often includes
- Life insurance proceeds.
- Dividends.
- Debts.
- Funeral expenses.
- Gains/Losses from sale of assets.
- Homestead and family expenses.
15Recording the Transactions of an Estate
16Charge and Discharge Statement
- A periodic statement disclosing progress in
settling the estate. - Separate statements are required for income and
principal. - Each statement reports
- Assets under the control of the executor.
- Disbursements made to date.
- Any property still remaining.
17Lets look at accounting for trusts.
18Accounting for a Trust
A TRUST IS the conveyance of assets to a
fiduciary who manages the assets according to the
stipulated instructions.
19Accounting for a Trust
A TRUST IS the conveyance of assets to a
fiduciary who manages the assets according to the
stipulated instructions.
VS.
A trust established while the trustor is still
alive.
A trust established by the will after the
trustors death.
20Different Types of Trusts
- Revocable Living Trust
- Credit Shelter Trust
- Qualified Terminable Interest Property Trust
- Charitable Remainder Trust
- Charitable Lead Trust
- Grantor Retained Annuity Trust
- Minors Section 2503(c) Trust
- Spendthrift Trust
- Irrevocable Life Insurance Trust
- Qualified Personal Resident Trust
21Record-Keeping for a Trust Fund
Usually, the cash basis is used to record trust
fund transactions.
- Adjustments to the Trusts Principal
- Investing costs and commissions.
- Income taxes on gains added to the principal.
- Costs of preparing property for sale.
22Record-Keeping for a Trust Fund
Usually, the cash basis is used to record trust
fund transactions.
- Adjustments to the Trusts Income
- Rent expense.
- Lease cancellation fees.
- Interest expense.
- Insurance expense.
- Income taxes on trust income.
23End of Chapter 19
Bob, if anything happens to you, can I have your
golf clubs?
Wow! Sounds like Bobs trip could be dangerous!