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Pour Over Will | Durable Powers of Attorney Health and Assets | Revocable Trust | Irrevocable Trust | Private Annuity
Private Annuity
The Private Annuity Program is designed to take assets out of the name in which they have been titled and move the title of the asset to an Asset Protection Estate Planning Device. A Private Annuity is defined by the courts as an annuity issued by an entity that is not normally in the business of issuing annuities. A Private Annuity has many advantages and practically zero disadvantages.
- No cash changes hands until payments start on the annuity and they may, depending on the age of the annuitant, be deferred for many years,
- A Private Annuity terminates upon the death of the annuitant hence, is not in the annuitant's estate at time of death. Yet the assets remain the property of the entity that issued the annuity. The beneficiaries of the entity that issued the annuity are the persons selected by the annuitant,
- Under certain conditions the payments received on a Private Annuity have zero tax recognition,
- Because of the deferred nature of the payments, the fact that the payments are not guaranteed by an asset pledge, and the termination at death of the annuitant, a Private Annuity has practically no value to a creditor.
The Private Annuity program is time tested by the courts and in fact is recognized by the IRS which has issued rules on what the document must contain.
Disadvantage:
- You have to pay an actuary to do the calculations.
Click here to view flow chart.
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