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Below is the Probate case of Phillepe and Jenna. Review the fact pattern and answer the questions that follow. ============ Phillipe is a co-founder of

Below is the Probate case of Phillepe and Jenna. Review the fact pattern and answer the questions that follow.

============

Phillipe is a co-founder of a successful bio-med start-up company and Jenna is an executive at a large pharma company. They met while on a European river cruise five years ago, fell in love and got married right away. Phillipe is 47, has been a widower for 10 years, and Jenna is 38. Jenna is currently pregnant with their first child. Marjorie, Phillepe’s 18 year old daughter from his first marriage, is heading off to college this year.

Both Phillepe and Jenna come from wealthy families and expect significant inheritance sometime in the distant future when Phillepe’s mother passes away and when Jenna’s dad passes away. Phillepe’s dad set up an irrevocable trust before he died providing Phillepe income for life and eventually passing to Phillepe’s children. The balance of the trust is $1,500,000 and he receives $60,000/year in trust income. Likewise, Jenna has a trust for her benefit set up by her grandmother that has a balance of $800,000 which she is entitled to when she turns 40 years old.

On their own, the couple has accumulated a significant amount of assets, which is noted below.

Asset

Jenna

Phillepe

Joint Tenants w/Right of Survivorship

Family Farmland (1/3, TIC, undivided interest)(value is her interest only)

$4,000,000



Home



$800,000

Michigan Vacation Home



$1,400,000

Collections

$125,000

$50,000


Investment Portfolio A

$525,000



Investment Portfolio B


$1,450,000


Investment Portfolio C



$500,000

Rollover IRA’s

(Jenna’s bene is unnamed, Phillepe’s is Marjorie)

$300,000

$900,000


Personal Property

$80,000


$250,000

Automobiles



$100,000

Anticipated Inheritance

$3,000,000

$12,000,000






They are very private people and don’t want anyone in their business. Consequently, they want to completely avoid probate and need your help to understand their situation.

1. What is Jenna’s Gross Estate TODAY?

A. $7,355,000

B. $6,555,000

C. $5,875,000

2. What is Jenna’s Probate Estate TODAY?

A. $6,555,000

B. $5,830,000

C. $5,030,000

D. $0

3. What is Phillepe’s Gross Estate TODAY?

A. $15,925,000

B. $3,925,000

C. $2,400,000

4. What is Phillepe’s Probate Estate TODAY?

A. $2,920,000

B. $3,925,000

C. $2,400,000

D. $0

5. Will either of them be subject to Illinois estate tax TODAY?

A. Yes

B. No

6. Who?

A. Jenna

B. Phillepe

C. Neither

D. Both

7. Who will have a Federally taxable estate TODAY?

A. Jenna

B. Phillepe

C. Neither

8. Why?

9. How can they avoid probate?

I. Give all of their assets to each other

II. Give all their assets to charity

III. Set up a trust and move property into it

IV. Retitle property to joint tenancy with right of survivorship

V. Ensure that their retirement accounts have named beneficiaries

A. I and III

B. I, II and III

C. III and IV

D. III, IV, V

E. All of the above

10. At what point in the future will they need to revisit their estate plan to ensure they are still avoiding probate?


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