September 28, 2017

Estate Planning Guide (New and edited)



Rizal Philippines
September 28, 2017

Dear Customer

THANK YOU AND CONGRATULATIONS

Thank you for purchasing a Holy Gardens Group Memorial Product (Plots, Plan, Interment Service) . You just have completed an important strategy in the preservation of your assets (estate) for the next generation.  By buying the products and services needed for your memorialization, you  have assured that the assets you leave for you heirs will not be diminished. You have also diminished their head aches and difficulties that accompany the loss of a loved one

You studied, had a family, worked hard to provide for your family. You accumulated assets so that later on you will leave your children and heirs with an estate (wealth) with financial asset so that they will not experience any difficulty and have a good life when you depart for good.

NO NEED TO LEAVE A LEGACY OF PROBLEMS AND HEADACHES

But what if there are accidents or the unexpected happen?   Instead of leaving our families with financial security and peace of mind, we leave them with heart aches(with our demise) and head aches (with the debts, and legal and tax arrangement to put our assets in order

What happens upon death?   Even our little money in the bank cant be withdrawn.  they can be upon payment of estate tax.   If our family does not have cash, they will not even have cash to pay for the food during the wake, nor pay for the funeral service, interment service, and the plots

MOST, MAJORITY OF FAMILIES DO NOT KNOW, or are ill prepared to handle this event.


ESTATE PLANNING
Thus we are furnishing you tips and other advise on estate planning.

What is your estate?

   Your estate is  the sum total of your valuable earthly possession:  cash, receivables, investment (shares of stocks, club shares,  business, real properties (house lots,)  and personal properties  (jewelry,  shoes, bags, clothes) which  can passed on to heirs

What is estate planning?   

To be very blunt about it, estate planning is preparing for our death.  It means making sure our assets are organized, and the arrangements are clear and in place upon our death; that the estate is preserved (rather than consumed by taxes and penalties) and  escheat (the govt taking ownership of your estate)

STEPS AND STRATEGIES IN ESTATE PLANNING

Prior to any strategy  or plan of preserving your estate, you have to organize your records and documents:

1.  Your personal records:
     Name______________________ Address ___________________
     Birth date__________________   Birthplace ________________
     TIN  #______________________SSS/GSIS number ____________
      Philhealth No ______________  HDMF #____________________

2.  List of professionals who handle your estate:

                       Name                       Address                   Phone Number

   Lawyer  _________________      __________________     ______________

   Accountant_____________      __________________     ______________

  Insurance Agent  _________     __________________    _____________

3.   Bank  Accounts

      Bank/Branch             Account type             Account Number
___________________     _________________         __________________

___________________     _________________         ___________________

4. Insurance

    Company                Type           Amount               Policy Number
_________________      __________    _____________    ____________

_________________      _________      _____________    ____________

_________________      _________     ______________    ____________
5. Real Property

    TCT Number           Location              Area         Est. Market Value

   ____________           _________        _________         _______________

  ____________            _________        __________       ________________

 ____________             _________        __________       ________________

6. Shares  of  Stocks

      Company           Number         Market Value (from PSE) as of

_______________      ___________     ________________

_______________      ___________     ________________


6. Motor Vehilces

    Type      Model   Year     CR Number     Lto Branch    Estd.Worth

_______     _____________    __________        ___________   ________

_______     ____________     ___________       ___________   ________


7. Debts and Liabilities


   Bank  Lender      Amount    Date Incurred     Status(Current/Arrears

______________     __________   ____________      ___________________

______________     __________   ____________      ___________________


8. SALN (Statement Assets and Liabilities)   As of  ______________


    Cash   Other  Near  Cash                 Php _____________________

    Receivables                                       Php  _____________________

    Real Property                       Est          Php  _____________________

    Shares of Stocks                  Est          Php   _____________________

    Motor Vehicles                     Est         Php  ______________________

   Other Personal Properties     Est        Php  ______________________

                                TOTAL  ASSETS   Php  _________________________


               LIABILITIES AND NETWORTH

               Liabilities

  Bank Loans                                      Php   _______________________

  Trade and other indebtedness     Php   _______________________


             Networth
      (Total Assets- Liabilities)              Php   _________________________

                                  TOTAL               Php   _________________________

_______________________________________________________________



 From BIR

A. Objectives:

The objective of your estate planning strategies are:

1. To give  ease and  convenience to your loved ones to use the assets you earned and saved for them upon your demise.

2. To save on the payment of estate tax which could be 20% of the total market value (zonal valuation of your property);  and the transfer  tax: 0,75%  of  1%, doc sci-  1.5% of zonal valuation

Some strategies: (from  Estate Planning 101)

1.  Donation

     You can donate in bulk or over a period of time to your heirs.It is zero rated for cash if the amount is P100,000 or less.Donors tax is 12% which is  8% lower than 20%

   You can do a simulated sale to your children or other heirs to save further and you only pay 6% CGT + 1.5% doc sci stamps based on zonal valuation +  0,.75%  of 1% of  Land Transfer Tax or about  8.25% or 3.75% cheaper than donors tax.

   However, if your heirs die ahead of you,you will still pay the estate tax.

2.  Executing a last will and testament

  The principal specifies the assets to specific heirs,thus lessening the squabbles and quarrels among heirs (as in the  case of self adjudication). A probate court or an administrator is appointed to  preserve the assets (as in the  case of rental properties, where rents are collected and deposited in an account,  repairs  are made employees are  paid their wages). However there is no savings in payment of estate tax. 

3.  Transferring the real properties in the name of corporation

    The principal and the heirs to be establishes a real estate company where assets are exchanged for shares of stock A BIR approval is needed for tax free transaction (which takes time)  However. this strategy costs only 8.25% of zonal valuation,11.75% less than estate tax, and 3.25% less than a donation. Xosts the same as a  simulated sale  

4.  Executing a living trust

    This is a little bit complicated and requires the services of an established law firm,(or non bank trust) or bank trust.  A fee is charged by either a lawyer or the bank's trust department (between  3 to 5%)

   Here a living trust document is executed by the Trustor (the principal) through a Trustee (the law firm or the bank) in favor the beneficiary  (the heir).

    A portion of the estate is sliced off, and sold to the trust which executes the will. 

  The principal who is still alive wills the said property to the beneficiary (the name of the asset may be transferred in favor of the beneficiary (to save on taxes) or not (this latter tactic is safe for the Trustor)  While  the property or asset has been willed unto the heir, the actual control and enjoyment of  the fruits of the assets (as dividends and rental) remain with the Trustor


5. Investing in Insurance and Life Plans

    A life insurance  is bought for two reasons

1.  to secure the earning capacity of the insured; sothat the children and wife and other heirs go hungry; and

2.  to protect the insured estate upon his demise (so that the family will not be burdened by estate tax.

    Thus if the insured has estate is estimated to be worth P1,000,000, he must have insurance of  at least:

         P15,000 for the first 500,000 and 8% for the succeeding (8% x 500,000)=  40,000  = P55,000.00 insurance (endowment, full life or VL)

6. Setting up a FOUNDATION

   The foundation, a tax exempt non stock corporation established for humanitarian,religious, charitable,educational,scientific,sports purposes may be established and approved by BIR. All donations,(even in  excess of the 3% limit)shall be allowed and exempted from donors tax and donees tax. The family assets:  real properties and shares are donated to the foundation.  The foundation now controls the corporation.The heirs sit as Trustees of the corporation. The Trustees elect the Board of the Corporation which the foundation  owns.And they elect themselves to the Board.

  A bank here,Ford  Rockefeller Foundation, used this as a strategy

7. Investing in life plans,memorial park plots and services

    It is very costly to live,.

    Even more so to get sick (The MDs and new doctors hospital charge top money for the best medical care you can get. Dialysis,MRI, CAT scan and other laboratory procedures, chemotherapy, surgery are expensive

   It also costs money to be brought to final resting place.  

   Say plot   -                         P100,000.00

  Interment Service                     23,000.00

  Funeral Service (Metal)             60,000.00

                       Total                183,000..00

These are bought separately from  different companies.  

They can be bought pre need from various companies, to further preserve the estate (hindi na mabawasan ang mamanahin ng maiiwan) Kasi nasagutan na ang libing> 

They may be bought at one stop shop (like Holy Gardens Group) where they  can  be bought on low monthly payments, low interest, no down payment, and  special prices during promo.   There is even triple benefit insurance:  CGLI, Persoanl  Accident  Insurance + Disability during the paying period to protect the principal, in case of accident or natural death


WHAT TO DO IN CASE OF DEATH?

    Prior to this, in case the  principal is in the hospital

    a. He must sign blank withdrawal  slips

    b.  Or blank deed of sale (for simulated sale;  may 30 days to do this)

     

1.   The heirs must have access to the basic information mentioned here and where the documents are kept (say vault in the house or safe deposit box in the bank

2.  Notify the creditors:

     1. Credit card companies

     2.  Telco

3.  But not yet the bank.  You may still use the authorization for the wake expenses or funeral service.  Just to have clear conscience on this, you may wish to withdraw  from the bank accounts

4. Secure the Death Certificate from your attending physician/hospital, or Municipal Health Officer

  Secure burial permit from the City Municipality where you intend  to bury the deceased

5. Secure the services, notify the memorial park (where you have the plots) go to the munispyo to get interment from the  municipal cemetery, or buy at need plot at memorial park nearest you (more expensive by 20%)

6.  Notify  SSS/GSIS/HDMF

     You may wish to avail of death benefit from SSS or GSIS (which has been increased to P40,000 per member at SSS, and P30,000 at GSIS



7.  Notify  insurance companies




8.   Settle  the estate among the heirs

     1, Find the original TCTs, OR CR of vehicles, pass books

     2.  Meet the lawyers: or bank trust company with the heirs

         1. To execute the probate will - (for the last Will and Testament)

         2. For the living trust execution (to transfer full control of the estate to the beneficiary (heir)

        3.  Or self adjudication   (Extra judicial partition)

            a. Straight

            b.  With sale

            c.  With waiver of rights  (the sample forms are here)

         4. Make the necessary publication if needed;

         5.  Pay the  estate taxes or other taxes that may be required;
   Land Tranfser Tax

         6. Register the transfer to the heirs at the Register of Deeds where the property is located.

        7.  Deliver the titles to the heirs;  have them properly receive the  Title to the  properties

   

SETTING THE STANDARDS IN INTERMENT SERVICE
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