Guidelines for Christian Estate Planning Part I: Biblical Basis for Estate Planning

This is the first in a seven-part series on estate planning for the Christian.

Most people avoid the issue of preparing a will (estate planning) because it forces them to face their own mortality.  They approach wills, revocable living trusts and other such documents as a morbid necessity reluctantly thrust upon them. As followers of Jesus Christ, we need a different view of the rationale for estate planning.  Consider viewing the process as an important (and perhaps final) act of good Christian stewardship.  By understanding the biblical foundation for preparing an estate plan the process becomes a spiritual exercise rather than a mechanical assignment.

Biblical Examples of Estate Planning

The first substantive account of estate planning in Scripture appears in Genesis 15.  Abraham expresses to God his concern over his lack an heir.  Not wanting to trust God’s direction in the matter, he goes outside God’s plan and conceives an heir with his wife’s servant, Hagar (Genesis 16).  While attempting to accelerate God’s timetable, Abraham creates an unrest that continues to this day in the discord between Jews and Arabs.

Eventually, Abraham creates a plan pleasing to the Lord, and Genesis 25:5-6 records it for us as the Bible’s first recognizable estate plan—after giving gifts to each of his other children, Abraham then gives the remainder of his possessions to Isaac.

In the narrative of Isaac’s plan for property distribution we find a record of a will controlled by prevailing law.  Here Scripture introduces the concept of the birthright, giving the eldest son a double share of the estate, and also conveying the right of leadership over the family (Easton’s Bible Dictionary).  Isaac prepares to pass the birthright to his first-born son, Esau. Jacob, the second-born, uses deception to con Isaac into giving it to him.  When Esau attempts to right the wrong, Isaac explains that the actual passing of the birthright leaves no opening for a recall.

The Gospel of John reveals Jesus’ estate plan.   While the only possessions Jesus actually had were the clothes on His back, and these were gambled over by His executioners, He did have something more precious than material possessions—His mother.  While hanging on the cross, Jesus handed over this most priceless “possession” to a trusted friend.  In John 19:26-27 we read that Jesus sees His mother and the disciple John standing nearby, He instructs John to take care of His mother.  And from that point forward, John takes Mary into his own home and treats her as his mother. This story demonstrates that Jesus planned for the care of someone dependent upon Him.

Yet precedent should not set principle without further instruction.  So the Scriptures provide some additional, essential guidelines prompting us to prepare our own estate plan.

God Owns It, We Just Manage It

The Scriptures teach us that the world and everything in it belongs to God, (Psalm 24:1; 50:12).  A popular 1950’s gospel chorus by John W. Peterson paraphrases this truth of Scripture, “He owns the cattle on a thousand hills, the wealth in every mine” (Psalm 50:10; Haggai 2:8).  God owns everything, and this includes everything titled in our name. Time and again the Bible calls us stewards (managers) of the assets the Lord has given us. He calls us to oversee those assets for and on His behalf.  Therefore, the preparation an estate plan actually serves as the distribution clause for the assets He has entrusted to us.

Consistently, the Bible records the teaching of Jesus that God expects stewards to be faithful in their duties (Mat. 24:46; Lk 12:42ff).  The Apostle Paul clearly states, “It is required in stewards that a man be found faithful” (1 Cor. 4:2—emphasis added).  The Lord expects us to administer the assets He gives with the conviction that they belong to Him.  Of course, this involves not only how we use those assets during our life, but how and to whom we transfer them upon our death. 

Whether we realize it or not, the lack of an estate plan, or one not prepared according to our Christian values, testifies as to how strongly we believe in the truth of the Scriptural principle about faithful stewards.  A properly laid out plan reveals how we believe God wants us to transfer the management of His property.  Jesus said in Luke 12:34, “where your treasure is, there will your heart be also.” The inverse of this also rings true, “where your heart is, there will your treasure be also.”  Preparation of an estate plan by a competent attorney demonstrates your desire to “honor the Lord with your substance” (Proverbs 3:9).

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Other articles in this seven-part series, Guidelines for Christian Estate Planning:

Click here for Part I: The Biblical Basis for Estate Planning.

Click here for Part II:  Biblical Guidelines for Estate Distribution (Article part 1).

Click here for Part III:  Biblical Guidelines for Estate Distribution (Article part 2).

Click here for Part IV:  Biblical Basis for Charitable Giving.

Click here for Part V:  Guidelines for Selecting Charities.

Click here for Part VI:  The Believer and Secular Charities.

Click here for Part VII:  The Believer and the Ethical Will.

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Written by TimothyWise

Do you have a Will, Health Care Proxy, Power of Attorney or Trust? If you answered no or don’t think you need it, THINK AGAIN. Watch this video of Estate Planning Attorney, Harry Scaramella, presenting Estate Planning 101. In this video, Harry explains the real reason you should have a Will, Health Care Proxy, Power of Attorney and/or Trust Planning. You do this for your family so they don’t have to make life or death decisions at an emotional time in YOUR life. These documents keep you in control at a time when you might not be able to communicate your own decision to either your personal health care professionals, EMT’s or what if… out of state emergency situations. You create the documents personalized to your life style, your thoughts and your wishes. You choose who can act on your behalf and most importantly, who can’t! Keep your life, your health and your wealth exactly where you want it and who can access it if you can’t whether for a short period of time or a long time. Watch Estate Planning Attorney, Harry Scaramella, explain and educate in a way you will find easy to understand and remember. We hope you watch Estate Planning 101 and get motivated whether you live in Utica, NY, Syracuse, NY, Rochester, NY, Buffalo, NY or anywhere in between we can help! Our attorney travels to you to meet in the comfort and privacy of your home or your advisor’s office. Everyone has an estate, it’s call your stuff! Don’t pre-judge your estate. Check out our website at www
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Guidelines for Christian Estate Planning Part IV: Biblical Basis for Charitable Giving

This is the fourth in a seven-part series on estate planning for the Christian.

A Christ-centered Estate Plan does not mean we leave everything to God.  In fact, our first responsibility lies with our family (see previous articles).  But after caring for our family in whatever manner God directs, we then turn to the biblical basis for charitable giving through our Last Will and Testament or Revocable Living Trust.

God Loves People-Centered Ministries

Throughout Scripture, God expresses His concern for the less fortunate of the world—widows, orphans, infirmed, elderly, poor.   The Apostle John gives a stern warning to anyone who knowingly ignores the needy.  He questions whether the love of God abides in that person at all (1 John 3:16-17).  Paul weighs in by saying “as we have opportunity, let us do good unto all men, especially unto them who are of the household of faith” (Galatians 6:10).

Consider also the fact that Jesus entered this world and died in our place (John 3:16).   This demonstrates God’s deep concern for people (Romans 5:8).  Where God’s heart lies, so also should our concerns.

These important facts impact the charitable distributions of our Estate Plan. We need to consider a bequest to some organization or individual involved in telling people of Jesus or caring for the needy.  We fail to honor God if we fail to make this a prayerful consideration.  This does not mean that God requires a distribution to a Christian charity.  It means that we at least discuss with Him the possibility.  

God’s People Sustain God’s Work

Galatians 6:6 instructs us to share all “good things” with those who have ministered to us (see also Romans 15:24, 1 Corinthians 9:4, 14).  God even lists the Levites (the Old Testament religious workers) in the same category with the needy like widows, orphans and the homeless (Deuteronomy 14:29; 26:12).  God’s plan calls for His children to support those Christian ministries that have provided spiritual help during one’s life.  This includes a church, radio/television ministry, school, mission organization, etc.  Once again, the actual decision to include charitable distributions or not, and to what extent, needs to be made after prayerful consultation with the Lord.

Don’t Give Caesar What Isn’t His

Jesus said, “Render to Caesar the things that are Caesar’s, and to God the things that are God’s” (Mark 12:17).  Paul builds on that by adding, “Render, therefore… tribute to whom tribute is due; custom to whom custom” (Romans 13:7).  While both taught the believer’s responsibility to pay taxes, neither advocated giving Caesar what was not due Caesar.  Every Christian has the perfect right to avoid paying as much tax as possible (not to be confused with evading taxes).  We do not have an obligation to pay more than the minimum tax required by law.

In the context of estate planning, this comes into play with an estate of significant size to subject it to estate tax (death tax).  An estate large enough to incur tax can benefit from charitable bequests because such contributions avoid taxes.  Since the parameters of estate tax seem to change yearly, check with an Estate Planning professional to determine how your estate fits into current tax law. 

# # # #

Other articles in this seven-part series, Guidelines for Christian Estate Planning:

Click here for Part I: The Biblical Basis for Estate Planning.

Click here for Part II:  Biblical Guidelines for Estate Distribution (Article part 1).

Click here for Part III:  Biblical Guidelines for Estate Distribution (Article part 2).

Click here for Part IV:  Biblical Basis for Charitable Giving.

Click here for Part V:  Guidelines for Selecting Charities.

Click here for Part VI:  The Believer and Secular Charities.

Click here for Part VII:  The Believer and the Ethical Will.

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Written by TimothyWise

Five jump-overs of estate planning

It is not a good thought to consider about your untimely death.  However consider the practical aspects of it – where your hard earned money will go, who can raise your children and what they should do about their inheritance.  Bad estate planning can get you in trouble.  There are many jump-overs and you should be aware of them.

Here are five such jump-overs of estate planning

1.    Leaving all your estate to your spouse

Is your estate exceeds one million?  Then this is certainly for you.

Under present law, whatever you leave to your spouse is exempt of the Federal estate tax.  In addition to this, you can leave million to anybody tax free. This number will go up to .5 million in 2009 and will be unlimited for 2010.  The figure can drop back to million in 2011.

Many people think that they should leave all their estate to their spouse.  This is halfway planning.  With this arrangement, there is no tax to your spouse but there’ll be a big hit when the spouse dies.

Let us take an example to explain this.  Suppose you have an estate of million.  If you leave your spouse everything in your will, he/she will pay no tax. Now your spouse has an estate of million. When your spouse dies he/she will inherit million out of which there is exclusion for million. The remaining money is subject to tax which is to be paid by your children.

There is one solution for this.  You should form a bypass trust.  So you’ll leave the amount of your exclusion to a trust for the benefit of your surviving spouse.  Your spouse can get all the income for health, education and maintaining the standard of living out of the income of the estate.  Your spouse can also tap the principal to the extent of five per cent or 00 whichever is greater.

On the death of your spouse the property would go to your children without any estate tax.

By filtering your assets thru a bypass trust, you save your children the tax.  So only if your estate is more than million you should face a federal bill for an estate tax.

2.    Giving your children everything in one shot

Most of the couples make an arrangement under which upon the death of the second spouse the entire estate is left to their children.  So once your children are aged 18, they will get whole assets.  This is a big mistake.  It is recommended that you should put the money in trust and they should get it when they need but their access is spread over a number of years.

So at the age of 18 they can get 5% of the estate, which can be useful for college fees and buying a car.  At the age of 21 they can get 10% which they can use for finishing their education traveling overseas.  At the age of 30 they can get 25 per cent of the estate which can be used for starting a new business.  At the age of 30 they can get 25 per cent of the estate probably for buying a house and for getting married.  And the balance of the estate they should get at the age of 35.

By making this arrangement you are allowing your children to mature and perhaps use the money for the appropriate reasons.

3.    Ignoring the disability provision

Okay, you made a power of attorney and sign it with your spouse.  However what about the disability clause?  If you become disabled or incompetent then laws of many states automatically provide withdrawal of your power of attorney.

The solution is simple –insert a clause saying that the power of attorney shall not be revoked in case of any spouse becoming disabled or incompetent.  And this can be ensured by hiring an attorney who specializes in estate planning.

4.   Ignoring Health Care directives

You should always identify other people to make Health care decisions.  So if you are not able to make that decision of pulling the plug, some family members should be authorized to do that. It is called living will. Remember, this living will is for protecting them and not for protecting you.

Normally such authorization is given to children jointly.  And if the children are under 18, you can include a third party to do this. This is because until then children lack the capacity to make such a decision legally.

5.    Failing to make a couple as Guardian

A very important clause in your will is selection of a person who will raise your kids if you and your spouse die.

Most often people make the mistake of naming one individual as a Guardian.  Suppose you have selected your brother for this work to take care of your young children.  Your brother dies accidentally.  In such a situation the contingent guardian should be the spouse of your brother.  If you do not make this selection of who will be the second guardian, your children may be pulled out of their present residence and they can suffer psychologically for this.  So its advisable to make a couple as Guardian in your will.

Go to a specialized attorney for inserting these special provisions in your will.  After all it is your money and you should ensure that it is going correctly after you.

Written by Chintamani

default Five jump overs of estate planning

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Retirement And Estate Planning

People are not in the work force forever, so it is very important to plan. A retirement plan is necessary. It is important to start a retirement plan as soon as possible. The more time money has to accumulate in investments, the more money an individual will have when they are ready to retire.

Retirement plans vary, depending on an individuals financial goals, lifestyle, and income. It is important for an individual to create a retirement plan that works for them. What’s good for me may not necessarily be good for someone else.

Budgeting is the key to successful retirement planning, and financial planning in general. This involves estimating retirement income, along with retirement expenses. This can be difficult. Most people would assume that they would spend less when they retire but this is not exactly the case. It is best for an individual to save more then what they think they need because expenses may decrease and others may increase. No one should ever assume that they will spend less when they retire.

According to BussinessWeek, longevity, healthcare, excess withdrawals and Social Security should all be analyzed when making a retirement plan. Prescription drugs and other medical costs are a perfect example. Young people usually have lower medical costs when compared to the elderly. There is no telling whether medical costs are going to rise or fall, but an increase in the cost of health care is more probable.

Life expectancy is very important when making plans for retirement. Life expectancy continues to increase, meaning that people will be in retirement for a longer period. This means that retirement will be more expensive. This has created a predicament for many older Americans.

There are many solutions to an increasing life expectancy. Individuals should definitely consider retiring later, or working part time. I plan on working as long as I can because I think work can be very fulfilling in many different ways. I plan to have a job that I enjoy. Otherwise, it may be difficult to continue going to a job for 30 to 40 years. When I do retire, I will definitely consider part time work if I do not have a considerable amount of money saved.

Retiring at the right time is just as important as saving money for retirement. Choosing the right time to it retire can save an individual thousands of dollars. Many people are not ready to retire, and regret it. Beyond money, many people’s lives revolve around their careers and retirement can be difficult to adjust to. (MSNBC)

Before retiring, eliminate as many expenses as possible. Then can really reduce retirement expenses. Pay off houses, cars, and any other outstanding loans should all be considered. Paying off loans can give an individual a sense of stability. There are also other options. Keeping a mortgage during retirement can also be beneficial. Investing money in a 401K instead of prepaying a mortgage could save individual thousands of dollars. This can really reduce the cost of living. Other adjustments should also be made before retirement. Income usually decreases after retirement. People should consider reducing expenses a couple years before retirement in order to get use to living with less money.

Location is just as important as assets, when planning retirement. Recreational activities, cost of living, and safety are all things to consider. Certain aspects of location depend solely on the individual. This is precisely why it is important to think about these things before retirement.

There are many different ways to generate savings and income for retirement. IRA’s, 401 K’s, Social Security, pension, and savings accounts are excellent ways to generate funding for a comfortable retirement. It is very important for young people, like me, to understand all of these because they can be crucial to retirement.

Estate planning is just as important as retirement planning. Estate planning should usually occur prior to retirement, but it becomes increasing important once an individual is retired. Estate planning is important because it allows the individual to distribute their assets, and cover the debts if they die. The first step of estate planning is to do an asset inventory. It is important to make sure to include any asset that has an appreciable value.

This may not sound like a big deal, but if an individual dies without a will, the state divides assets for you. Having a will is crucial for any with a large amount of assets, or if an individual has many dependents. If someone works hard their entire life, and accumulates a lot of assets along the way, they should control where these assets go.

Estate planning is much bigger than having a will though. According to CNN Money, it is very important to consider the taxes involved when your assets are distributed. According to CNN, the estate tax is set to phase out by 2010. If new legislation isn’t set in place, then the tax will be reinstated in 2011. CNN also has many more suggestions. They argue that individuals shouldn’t leave all their assets to their spouse because it can be a burden. This could possibly increase their estate taxes because the sum will be larger. Instead, they suggest leaving more assets to children. This is definitely a good idea if the spouse has a considerable amount of assets. After 2010, assets over one million dollars will be taxed.

Generosity goes way beyond family members when an individual dies. If charities and foundations are important, then it is possible to leave money to these organizations, tax free after death. If giving is important to an individual, they never have to stop. Donating money to charities and foundations may appeal to those who don’t want as much of their money going towards taxes.

Estate and retirement planning are both very important. They both involve financial responsibility. Being financial responsible can be difficult, but it can also prevent a lot of unnecessary stress. It is so much easier to focus on the important things in life, like family and friends, when an individuals finances are in order. Both chapters go into detail about maintaining financial responsibility, whether it is by accumulating assets or creating legal documents.

It is very important to stay well informed about both issues. The economy continues to change, and there is no telling what can happen to it. Sources like Business Week, Forbes, and The Wall Street Journal can really help when making important decisions about finances. Increased taxes, inflation, new legislation, and the stock market can all have an effect on retirement and estate planning. There is no bullet proof retirement or estate plan, so consulting publications and professionals can be very beneficial.

Sources:

http://www.businessweek.com/magazine/content/07_06/b4020112.htm

http://money.cnn.com/magazines/moneymag/money101/lesson21/

http://www.businessweek.com/investor/content/nov2007/pi2007111_402059_page_2.htm

http://www.msnbc.msn.com/id/9697670/

Written by dtrimble

www.secretmillionaire.com http Attorney and asset protection expert JJ Childers discusses Estate Planning. For more info visit wealthattorneyblog dot com.

Question by old man: Estate planning??
When Dave found out he was going to inherit a fortune
when his sickly father died, he decided he needed a
woman with which to enjoy it.

So, one evening he went to a singles bar where he
spotted the most
beautiful woman he had ever seen. Her natural beauty
took his breath away.
“I may look like just an ordinary man,” he said as he
walked up to
her, “but in just a few years, my father will die, and
I’ll inherit 20
million dollars.”

Impressed, the woman went home with him that evening
and, three days later, she became his stepmother.

Women are so much better at estate planning than men.

Best answer:

Answer by bustagrimes10
haha so true! what a biatchh!

Give your answer to this question below!