Estate Planning

An Overview Guide
for Individuals

Estate Planning
A way to help keep the promises you made

Estate Planning Strategies

Contents
2 | A sound estate plan
3 | Forming an estate planning team
4 | Choosing the option that’s right for you
10 | The changing tax environment

The Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 (Tax
Relief Act of 2010) extends the “sunset” provision contained in The Economic Growth and Tax
Relief Reconciliation Act of 2001 (EGTRRA), which was to repeal the EGTRRA tax law changes
on December 31, 2010, to December 31, 2012. Unless there is future legislation, the tax laws
affected by the provisions of the Tax Relief Act of 2010 will revert on January 1, 2013 to their
status prior to EGTRRA; this affects income tax rates and deductions, as well as gift, estate
and generation-skipping transfer tax rates and exemptions.
This information represents our understanding of the federal gift and estate tax laws as
currently interpreted. The information provided is not written or intended as specific tax or
legal advice and may not be relied on for purposes of avoiding any Federal tax penalties.
MassMutual, its employees and representatives are not authorized to give tax or legal
advice. Individuals are encouraged to seek advice from their own tax or legal counsel.
Individuals involved in the estate planning process should work with an estate planning
team, including their own personal legal or tax counsel.

We all make promises.
We promise to keep our families safe and secure even after we’re gone. We
promise to give our children all the benefits of our own success. We promise
ourselves that their future will be free from financial worries.
In essence, estate planning can be the single best way to make certain the promises
you make are promises you keep.

We all have goals we want to meet during our lifetime.
The education of our children, a comfortable and financially secure retirement, and
perhaps a new home or a second home.
The first step of estate planning is to help you plan for – and realize – these
lifetime goals. It addresses your legal and financial concerns, taking into account
your goals and tax considerations. It also takes advantage of existing laws and
funding vehicles to save you on taxes and help manage your property in an efficient
and profitable way during your lifetime.

A sound estate plan.

Here are some of the more significant ways Liquidity to pay estate taxes.
If your estate consists primarily of real estate, a business,
estate planning can help you make certain
or other non-liquid assets, your heirs could end up cash
your family will get as much of your estate poor – and be forced to sell assets in order to pay taxes.
as is legally possible. Estate planning can help by reducing your estate tax liability.
A solution is an estate plan that includes life insurance to
Minimize estate taxes.
address your estate liquidity needs.
The federal government levies a substantial tax against
the value of your estate. In addition, many states impose Protects your family’s income.
their own separate tax at death on their residents and on How will the members of your family support themselves
non-residents who own property within the taxing state. after you’re gone? A sound estate plan, including life insur-
Just as important, that tax is due and payable before any ance for your beneficiaries’ financial protection, can make
property can be transferred to your beneficiaries. With a certain they will be taken care of.
well-conceived estate plan, much – or even all – of this tax
could be avoided. Provides professional asset management.
An estate plan that includes the creation of a trust can be
The Tax Relief, Unemployment Insurance Reauthorization,
established to arrange for the professional management of
and Job Creation Act of 2010 (Tax Relief Act of 2010)
your assets on your family’s behalf.
extends the “sunset” provision contained in The Economic
Growth and Tax Relief Reconciliation Act of 2001
Controls distribution of your estate.
(EGTRRA), which was to repeal the EGTRRA tax law
Will your assets be distributed the way you want them to?
changes on December 31, 2010, to December 31, 2012.
Your estate plan will make sure your wishes are met.
Unless there is future legislation, the tax laws affected by
the provisions of the Tax Relief Act of 2010 will revert on
January 1, 2013 to their status prior to EGTRRA; this affects
income tax rates and deductions, as well as gift, estate and
generation-skipping transfer tax rates and exemptions.

2

Forming an estate planning team.

Estate planning is a team effort. It involves Life insurance coupled with an irrevocable life insurance
trust can be even more advantageous for you, particularly
the talents and efforts of a number of
if the joint assets of you and your spouse are worth more
professionals – people you respect and trust. than two times the applicable exclusion amount. (It is
important to remember that while the estate tax exemption
Financial Services Representative.
is $5 million (per person) in 2011/2012, the estate tax
As a result of the unique features and tax advantages of life
exempted amount in 2013 will return to the Pre-EGTRRA
insurance, your financial services representative is a key
amount of $1 million unless changed by Congress before
member of your estate planning team.
that time.) This is the usual cut-off point where your heirs
can, through proper estate planning, receive your assets
Attorney.
without paying estate taxes.
Your attorney would be responsible for making
sure that your intentions are carried out in legally An irrevocable life insurance trust offers several
enforceable documents. unique advantages:
• The proceeds of the life insurance policy can be
Accountant.
insulated from estate taxes.
Your accountant may provide tax advice and would be most
• Life insurance proceeds can pass income tax-free to
familiar with the extent and value of your assets.
your beneficiaries.

Bank trust officer. • The premium may be gifted to the trust, and thereby
reduce the remaining taxable estate.
If you have chosen to use a corporate trustee, you will want
to include the trust officer in your planning discussions. Since life insurance is such a vital part of your estate
planning needs, you should make sure you work with a

Life insurance and an irrevocable life company that is an established leader in the field, such
as Massachusetts Mutual Life Insurance Company
insurance trust can give you extra advantages.
(MassMutual). Furthermore, MassMutual’s representatives
Life insurance plays a critical role in estate planning. It are supported by a team of attorneys specializing in estate
provides cash to pay estate settlement expenses and taxes – and business planning, located in the home office.
and it provides the capital to meet the financial needs of your
family. While it gives you the security of a death benefit, life
insurance can also be used to help you accumulate savings to
supplement your retirement income.

3

Choosing the option that’s right for you.

Basic estate planning techniques*

Technique Definition Best Application Tax Pros/Cons Other Advantages Other Concerns
Will A legal instrument A valid Will is a The individual can Ensures property is Property passing
through which an cornerstone of any maximize use of the disposed per individu- through a Will is
individual disposes of estate plan. unlimited marital al’s wishes; allows subject to
his/her property deduction and the individual to stipulate probate fees.
at death. applicable exclusion guardian for minor
amount. children.
Durable A legal instrument Like the Will, the If specifically Allows the principal to Must adhere to laws of
Power of granting power to durable power is a authorized in the designate who will act particular jurisdiction.
Attorney another party to act on basic of all estate instrument, the person on his/her behalf
the individual’s behalf. plans, and particularly given power of without probate court
important with elderly attorney can make intervention should
and disabled clients. gifts and reduce the he/she become
principal’s estate. incapacitated.
Life Insurance A contract that Life insurance is an Death benefit passes Life insurance can Balancing premium
provides cash at the integral part of estate to the beneficiary free provide: family income payments against
death of the insured; planning at all stages of income taxes and if in the event of other financial
the contract may also of the individual’s owned correctly, will premature death of the obligations affecting
provide for cash life cycle. not be included in the individual and/or current cash flow.
accumulation during decedents estate for spouse; cash value of
the life of the insured. tax purposes. whole life insurance
can help to provide for
children’s education
and/or supplemental
retirement income;
and liquidity to pay
estate taxes.
Qualified A refusal to accept gift Used where donee/ Property is treated as if Facilitates postmortem Disclaimer must be an
Disclaimer or bequest by intended beneficiary of property it never passed to planning. unqualified refusal in
recipient. prefers that someone original donee/ writing received by
else receives the beneficiary. the donor within nine
property. months; the benefi-
ciary must not accept
the property; property
must pass to either
the decedent’s spouse
or someone other
than the person
disclaiming; person
disclaiming cannot
direct disposition.

* The Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 (Tax Relief Act of 2010) extends the “sunset” provision contained in
The Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA), which was to repeal the EGTRRA tax law changes on December 31, 2010, to
December 31, 2012. Unless there is future legislation, the tax laws affected by the provisions of the Tax Relief Act of 2010 will revert on January 1, 2013 to
their status prior to EGTRRA; this affects income tax rates and deductions, as well as gift, estate and generation-skipping transfer tax rates and exemptions.

4

Advanced estate planning techniques utilizing trusts*

Revocable A trust is a fiduciary Useful in conjunction No tax advantage to Efficient receptacle for No major
Trust arrangement created by the with durable power of the grantor since the holding assets during concerns since
(Living Trust) grantor where legal title to attorney and a pour grantor will be taxed lifetime so that assets trust can be
property given by the over Will (providing on the income and the are funneled to marital changed or
grantor is held and the that all other assets assets will be included deduction or bypass terminated.
property managed by a “pour over” into the in the grantor’s taxable trusts at death; provides
trustee for the benefit of a trust at death). estate at death. for management of
beneficiary. A revocable property should grantor
trust can be revoked, be incapacitated; probate
amended, or terminated costs and publicity are
and the property recovered avoided by using a trust
by grantor. versus a Will alone.
Irrevocable A trust which cannot be Estates with liquidity Substantially reduces Estate liquidity Grantor loses
Life Insurance changed or terminated by problems. grantor’s estate enhanced; expenses control of property
Trust the grantor; the trust through annual gifts and publicity of probate in trust.
purchases life insurance thus reducing estate are avoided.
using funds gifted to the taxes; death proceeds
trust by the grantor; at the are received by benefi-
grantor’s death the death ciaries income tax and
benefits pass to the trust’s estate tax-free.
beneficiaries.
Marital Often referred to as A-B These are basic estate Minimizes estate Professional manage- Possible loss of
Deduction & trusts, these trusts are planning tools useful in taxes by: allowing both ment of assets by the control of the
Bypass Trusts established to minimize estates where the joint spouses to take trustee after the death assets by the
estate taxes. The bypass assets of the spouses advantage of the of the first spouse. surviving spouse,
trust takes maximum exceed the value of unified credit; and by if spouse is not
advantage of the applica- their total fully utilizing the named sole
ble exclusion amount and unified credit. unlimited marital trustee.
the marital deduction trust deduction (thus
maximizes use of the deferring taxes until
marital deduction. the estate passes to
the children/family).
Charitable An irrevocable trust Useful where grantor The grantor is entitled Increased current Grantor must be
Remainder providing current income wants to make a to a current income tax income; ability to make willing to
Trusts (CRT) payments to the grantor charitable gift but also charitable deduction; gift to favored charity. relinquish control
followed by payment of wants income; the trust can sell highly of the asset.
the remainder to a charity. appropriate where appreciated property
grantor wants without incurring
increased income from capital gains; the
appreciated property property gifted to the
without selling and trust is removed from
incurring capital gains; the taxable estate.
applicable where
estate tax avoidance
and current income tax
deduction are goals.

5

Advanced estate planning techniques utilizing trusts*

Charitable An irrevocable trust Grantor wants to Can provide significant Provides current Grantor is taxed on the
Lead Trust providing current benefit charity income tax deduction; income stream to trust’s income.
(CLT) income payments to a currently while testamentary CLT can grantor’s favorite
charity followed by keeping property in the provide significant charity; property
payment of the family; grantor wants estate tax deduction remains in family.
remainder interest to a current income tax for the charitable
non-charitable deductions but is interest; enables
beneficiary. willing to report trust grantor to transfer
income later; grantor substantial wealth to
facing substantial children or grandchil-
estate taxes and wants dren at minimum gift/
to transfer property to estate tax cost.
children at minimal
gift/estate tax cost;
grantor with rapidly
appreciating property
wants to remove future
appreciation from
estate at minimal gift
tax cost.
Grantor An irrevocable trust Used to freeze the Appreciation of assets Provides current The grantor sacrifices
Retained into which the grantor estate (restrict taxable escapes estate taxes; income stream control over the
Annuity Trust places income-produc- estate to its current assets can be to grantor. property; if grantor
(GRAT) ing property but retains value) to reduce estate transferred to the next dies during the
the right to a fixed taxes; often used to generation at a retained interest
annuity for a specified transfer stocks or real substantial discount; period, the property
term of years after estate on a favorable income from the trust is included in
which the property gift tax basis. taxed to the grantor. his/her estate.
passes to the
children/family.
Grantor An irrevocable trust Same as GRAT. Same as GRAT. Same as GRAT. Same as GRAT.
Retained into which the grantor
Unitrust places income-produc-
(GRUT) ing property but retains
the right to a fixed
percentage of the
property for a specified
term of years after
which the property
passes to the
children/family.


6

Advanced estate planning techniques utilizing trusts* (continued)

Qualified A trust that holds the Used where grantor Reduction of estate QPRTs are exempted Tax savings are only
Personal grantor’s primary or wants to reduce estate taxes; gift tax is from the anti-estate realized if grantor lives
Residence vacation home; the taxes while also reduced by the value of freeze rules. beyond the term
Trust (QPRT) grantor retains the residing in home. the interest retained by of years that the
right to reside in the the grantor to reside in residence is retained.
home for a term of the house.
years; thereafter, the
house is transferred to
the beneficiaries.
Estate Freeze Methods designed to Used to transfer highly Reduces estate/gift Property owner retains Estate freeze law must
Techniques restrict taxable estate appreciating property taxes. some control over be satisfied to gain tax
to its current value (see to heirs. property but shifts advantages.
FLP, GRAT, GRUT, SCIN appreciation in
for examples). property to heirs.
Power of A property right Appropriate in “wait The power of appoint- Provides flexibility to Donor has no control
Appointment allowing the recipient and see” situations ment is not taxed in the shift property over ultimate
to control who will where donor of estate of the holder of according to disposition of the
receive the property. property wants the power, provided changing needs/ property by the
decision to ultimately the power is drafted circumstances. holder of the power of
transfer property to correctly. appointment.
future date.
2503(c) Trusts Trusts utilized to gift Appropriate where Reduces estate taxes Gives grantor peace of Grantor loses
property to a minor. grantor wants to of grantor; shifts mind knowing that personal control of
control the use of the taxable income to assets will be properly assets and minor has
trust property until the minor (subject to kiddie managed for the access at age 21.
beneficiary reaches tax limitations). benefit of the minor
adulthood. beneficiary.


7

Other advanced estate planning techniques*

Living Will A legal document The living will is an None The living will allows The format of the living
expressing an individu- important component the individual to will document must
al’s wishes concerning of all estate plans. control his or comply with state law.
life-support her destiny.
procedures should the
individual become
terminally ill.
Gifts A gratuitous transfer of Most appropriate for Donor can gift up to Removes appreciation Donor’s loss of control
property during the transferring assets value of annual gift tax of asset from over property.
donor’s lifetime. that will significantly exclusion to each taxable estate.
appreciate. donee per year free of
gift tax; reduces size of
taxable estate.**
Generation Transfers of property to Used when donor Subject to Generation Can provide creditor Donor’s loss of control
Skipping a person(s) two or wants to pass property Skipping Transfer Tax protection for benefi- over property.
Transfers more generations to grandchildren/ unless some permissi- ciaries for generations.
below the donor. great-grandchildren. ble exemption/
exclusion applies.
Family Limited An association of Used to pass property Reduction in estate Management and Unlimited liability of
Partnerships family members to to family members at taxes since property control of family assets general partners if a
and Family carry on a business for discounted values. appreciation remain vested in senior partnership is used;
Limited profit; normally the transferred from senior family members. expense of establish-
Liability parents are the general generation’s taxable ing an FLP or LLC.
Companies partners who operate estate and discounts
the organization and may reduce the value
assume full liability; of gifts to family
they convey limited member(s); reduction
partnership interests to in income taxes if
other family members. limited partner-donees
With LLCs, members are in lower tax
can manage the LLC bracket.
without exposure to
full liability.

* The Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 (Tax Relief Act of 2010) extends the “sunset” provision
contained in The Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA), which was to repeal the EGTRRA tax law changes on
December 31, 2010, to December 31, 2012. Unless there is future legislation, the tax laws affected by the provisions of the Tax Relief Act of 2010 will
revert on January 1, 2013 to their status prior to EGTRRA; this affects income tax rates and deductions, as well as gift, estate and generation-skipping
transfer tax rates and exemptions.
** For 2011/2012 the Tax Relief Act of 2010 has also increased the lifetime gifting amount from $1 million to $5 million. This per person increase has been
made permanent for these two years only at the date of this publication.

8

Other advanced estate planning techniques* (continued)

Charitable Gift to favorite charity. Useful when donor Donor receives income Donor’s satisfaction in Charitable gift reduces
Contributions wants to benefit tax deduction up to benefiting charity. estate passing to
charity while also 50% of adjusted gross donor’s heirs.
gaining income and income; gift reduces
transfer tax taxable estate.
advantages.
Installment Sales methods Useful for freezing Any capital gains on a Provides flexibility to With installment sale,
Sales & Self whereby the purchaser value of highly appreci- sale can be recognized the seller in either any installments due at
Canceling pays for property over ating property; used gradually by seller; can spreading out recogni- death of seller are
Installment a period of time. when purchaser reduce estate tax by tion of capital gain or included in the
Notes (SCIN) cannot afford full shifting appreciation in immediately recogniz- seller’s estate.
purchase price at time property to heirs; any ing; gives buyer
of purchase. balance remaining on flexibility of spreading
SCIN at death of seller out payments.
is canceled and not
subject to estate tax
(but remaining gain is
taxable income to
estate). A SCIN
requires an additional
premium cost to be
paid in order for the
balance of note to be
cancelled at the death
of the seller.


9

The changing tax environment.

The Tax Relief, Unemployment Insurance Reauthorization, Effective Dates
and Job Creation Act of 2010 (Tax Relief Act of 2010) The effective date of the gift tax exemption increase is
extends the “sunset” provision contained in The Economic January 1, 2011. The effective date of the estate tax and
Growth and Tax Relief Reconciliation Act of 2001 generation-skipping transfer tax exemptions and the new
(EGTRRA), which was to repeal the EGTRRA tax law 35% tax rate is January 1, 2010, making these taxes retroac-
changes on December 31, 2010, to December 31, 2012. tive to the first of 2010. However, the new law provides an
Unless there is future legislation, the tax laws affected by option for executors of individuals dying during 2010 to
the provisions of the Tax Relief Act of 2010 will revert on either elect to use the $5,000,000 estate tax exemption and
January 1, 2013 to their status prior to EGTRRA; this affects step-up in basis provisions provided under the 2010 Tax Act
income tax rates and deductions, as well as gift, estate and or stay with the prior law of no estate tax and limited step-up
generation-skipping transfer tax rates and exemptions. in basis for heirs. Which set of laws is more beneficial to an
estate depends on the specific circumstances of that estate.
Depending on the size of your estate and when you die,
you may need to be more concerned than ever about
A New Concept – “Portability” of any
estate planning. Unused Estate Tax Exemption

Because there is no tax on assets inherited by a surviving Under the 2010 Tax Act, a surviving spouse may “elect” to

spouse, the estate tax exemption amount only works for use any unused exemption of the first spouse to die. This

assets that do not pass to a husband or wife. Therefore, many provision is only available in 2011 and 2012 and requires that

estate plans commonly transfer the maximum exemption an estate tax return be filed at the first spouse’s death.

amount in a “bypass” trust that benefits the children or family. In the past, trusts – often referred to as by-pass trusts or credit
shelter trusts - were used to utilize the estate tax exemption of
Exemptions and Rates
the first spouse of a married couple to die. Assets transferred
The new law “reunifies” the federal estate, gift and generation-
to these trusts at the death of the first spouse “by-passed”
skipping transfer tax laws and increases the tax exemptions to
or were “sheltered” from estate taxation at the death of the
$5,000,000 per person ($10,000,000 per married couple) for
second spouse.
2011 and 2012 (the 2012 exemption amounts are indexed for
inflation in increments of $10,000). This means that lifetime While this new provision has the potential to help simplify
gifting opportunities have increased from the previous estate tax planning for married couples, it should be noted
$1,000,000 level. The tax rate on taxable estate, gift and that there are benefits to using a by-pass or credit shelter
generation-skipping transfers in excess of the $5,000,000 trust that the portable exemption strategy does not offer,
exempted amount in 2011 and 2012 is 35 percent. In 2013, the including creditor protection and keeping the appreciation
estate, gift and generation-skipping transfer tax exemptions or increase in value of trust assets out of the second spouse’s
are scheduled to drop back down to $1,000,000. taxable estate.

10

Tax rates and exemption equivalents

Calendar Year Estate and GST Tax Deathtime Transfer Exemption Highest Estate and Gift Tax Rates (GST Tax Rate)
2001 $675,000 for estate tax; 55%, plus 5% surtax on estates over $10 million
$1,060,000 for GST tax
2002 $1 million for estate tax; 50% (and surtax repealed)
$1,100,000 indexed from 2001 for GST tax
2003 $1 million for estate tax; 49%
$1,120,000 indexed from 2001 for GST tax
2004 $1.5 million 48%
2005 $1.5 million 47%
2006 $2 million 46%
2007 $2 million 45%
2008 $2 million 45%
2009 $3.5 million 45%
2010* N/A (estate and GST tax repealed) Gift tax remains, equal to top individual income tax rate of 35%
2011/2012 $5 million 35%

* Effective until Sept. 17, 2011, the new law provides an option for executors of individuals dying in 2010 to either elect to use the $5,000,000 estate tax
exemption and step-up in basis provisions provided under the 2010 Tax Act or stay with the prior law of no estate tax and limited step-up in basis for heirs.

11

MassMutual. We’ll help you get there.®

There are many reasons to choose a life insurance company to help
meet your financial needs: protection for your family or business,
products to provide supplemental income and the confidence of
knowing you will be prepared for the future.
At Massachusetts Mutual Life Insurance Company (MassMutual),
we operate for the benefit of our participating policy owners. We
stand strong in the fundamental belief that every secure future begins
with good decisions. And when choosing a life insurance company,
ownership, strength and stability matter.
Learn more at www.massmutual.com/mutuality

© 2011 Massachusetts Mutual Life Insurance Company, Springfield, MA. All rights reserved. www.massmutual.com. MassMutual Financial Group
is a marketing name for Massachusetts Mutual Life Insurance Company (MassMutual) and its affiliated companies and sales representatives. CRN201301-143957
AS6004 111

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