Question
Dr. Pamela Swift (age 50) and married for the past 20 years lives in California (a community property state). She works, and her husband takes
Dr. Pamela Swift (age 50) and married for the past 20 years lives in California (a community property state). She works, and her husband takes care of their four children. Pamela feels the children and her husband are spoiled rotten. She does not trust any of them with her money now or at death. Her will dated January 31, 2010, leaves all assets to her husband (John).
Pamela has the following estate:
Asset | Fair Market Value (FMV) at death |
Inheritance (10 years ago) at mother's death ($200,000) now worth | $500,000 |
Owner of Swift Medicine (sole proprietorship) | $250,000 |
Individual Retirement Account (IRA; husband beneficiary) | $500,000 |
Stock and bond account with brokerage firm using earnings as a doctor; original cost, or basis, of account is $125,000 | $500,000 |
Term Life policy on Pamela's life (death benefit of $1,000,000; husband as beneficiary) | $0 |
Personal Residence (JTWROS), bought house for $300,000 | $500,000 |
Toyota Prius (Tenancy-in-Common) with daughter, 100% paid for by Pamela | $50,000 |
1.
Which asset(s) would not pass through probate?
I. IRA
II. Personal Residence
III. Toyota Prius
IV. Swift Medicine
Group of answer choices
I.
I., II., and III.
I. and II.
All the above
2.
What happens to the term life policy if one of her daughters dies first?
Group of answer choices
$1,000,000 goes to Pamela
$1,000,000 gets split between remaining children
$1,000,000 goes to husband
Nothing
3.
Assuming Pamela is the first to die, would anything change if she owned the personal residence Tenancy by Entirety (TIE) instead of JTWROS?
Group of answer choices
Yes. The home would now not be included in Pamela's estate
Yes. 25% of the home would now be included in Pamela's estate
No.
Yes. 100% of the home would now be included in Pamela's estate
4.
Assuming Pamela asks you to set up a life estate for her and she is first to die, what could be a possible objection to this.
Group of answer choices
John would not be able to sell the home without permission from their kids
Higher court costs
John would be kicked out of his personal residence
Estate taxes would likely be triggered
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