Question
Thomas and Angie have the following data. Thomas died in an accident January 2019. They live in a community property state. Thomas and Angie both
Thomas and Angie have the following data. Thomas died in an accident January 2019. They live in a community property state.
Thomas and Angie both have "I love you wills". They give one another 100% of their assets
Please answer the following questions
1. What is Thomas' probate estate and gross estate?
ASSETS | ||
ASSET | OWNERSHIP | VALUE |
PERSONAL RESIDENCE (Angie and Thomas) | Community Property | $4,200,000 |
BOAT* | JTWROS | $1,250,000 |
Thomas' 401(k) | Fee Simple | $150,000 |
Joint Savings (Angie and Thomas) | Community Property | $200,000 |
Car 1 | Community Property | $120,000 |
Motorcycle | Fee Simple | $75,000 |
Brokerage Account (Thomas) | Fee Simple | $3,500,000 |
Brokerage Account | Community Property | $9,500,000 |
Car 2 (Angie) | Fee Simple | $135,000 |
Savings Account (Thomas) | Fee Simple | $235,000 |
Rollover IRA (Thomas)** | Fee Simple | $2,255,000 |
NOTE: Fee Simple means separate property |
Other financial items
Term Life Insurance Policy A (purchased during marriage with Thomas) - Owner is Angie, insured is Thomas, and the beneficiary is her brother - DB = $1,000,000
Term Life Insurance Policy B (purchased during marriage with Angie) - Owner a and insured is Thomas and the beneficiary is Angie. DB is $2,000,000
ILIT that owns a whole life insurance policy (C) that was gifted by Thomas 2 years ago. DB is $2,500,000 - Beneficiary is his Son (Jack) and his brother Mike is trustee. Thomas is insured.
They used $1,000,000 of their estate applicable exclusion. Assume they paid $120,000 in gift taxes - this was in 2015
Thomas has a general power of appointment on his mothers assets of $2,750,000
Assume that debts to be paid off at Thomas death equals $500,000. His estate will incur $75,000 in funeral costs and he will give $250,000 to Texas A&M Commerce (charity)
* Invested $625,000 (50%) with his brother, Mike. The ownership is JTWROS.
** The beneficiary is his ex-wife who died 10 years ago. No contingent beneficiary.
Estate/Gift Limits and Tax Table
Gift Exclusion | $15,000 |
Estate Exemption | $11,400,000 |
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