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Estate Planning & Psychology

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CFP EXAM CHEAT SHEET: Estate Planning & Psychology

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ESTATE PLANNING FUNDAMENTALS

Core Documents Comparison

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Probate vs. Non-Probate Assets — Critical Exam Points

PROBATE (go through court):

  • Only titled in individual name with no beneficiary

NON-PROBATE (pass by operation of law, override will):

  • JTWROS, POD/TOD accounts, retirement accounts, life insurance

> ⚠️ High-yield: Beneficiary designation defeats will—an IRA left to ex-spouse via form will go to ex regardless of will instructions.

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FEDERAL GIFT & ESTATE TAX (2025)

Key Thresholds & Rates

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Gift Tax Decision Tree

  • Within annual exclusion ($18K)? → No tax, no return
  • Above annual exclusion? → File Form 709; apply to lifetime exemption
  • Lifetime exemption exhausted? → Pay 40% tax immediately
  • Estate + lifetime gifts > exemption? → Estate tax owed on death
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    TRUSTS: Revocable vs. Irrevocable

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    High-Yield Trust Types

    ILIT (Irrevocable Life Insurance Trust)

    • Key rule: Trustee (not insured) owns policy
    • Estate exclusion: Proceeds excluded if irrevocable + held >3 years at death
    • Funding: Annual exclusion gifts to trust (e.g., $18K) to pay premiums
    • Use case: High-net-worth; insurance on client/spouse

    CRT (Charitable Remainder Trust)

    • Grantor receives income stream; charity gets remainder
    • Benefits: Upfront charitable deduction + avoids capital gains on appreciated assets
    • Use case: Appreciated securities; wants both income & charity gift

    CLT (Charitable Lead Trust)

    • Charity receives income first; remainder to heirs
    • Effect: Reduces taxable gift to heirs

    QPRT (Qualified Personal Residence Trust)

    • Transfer home to trust; retain right to live there X years
    • Effect: Retained interest ↓ taxable gift value

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    BASIS & TITLING STRATEGY

    Step-Up Basis at Death

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    Ownership Forms

    • JTWROS: Avoids probate; full value in non-spouse's estate
    • Tenants in Common: No survivorship; pro-rata share in estate; allows unequal split of title

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    GENERATION-SKIPPING TRANSFER (GST) TAX

    Applies to: Transfers to skip persons (grandchildren+ or unrelated <37.5 yrs younger)

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    Dynasty Trust: Structured to use GST exemption; assets pass to multiple generations tax-free.

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    RETIREMENT ACCOUNT BENEFICIARIES (SECURE Act)

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    PSYCHOLOGY OF FINANCIAL PLANNING

    Cognitive Biases Quick Reference

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    Emotional Biases (Harder to Fix)

    DocumentPrimary PurposeWhen Used
    WillDirect probate assets; name executor & guardiansAlways; required to direct property
    Revocable Living Trust (RLT)Probate avoidance; manage during incapacityHigh-asset estates; privacy desired
    DPOAFinancial decisions if incapacitatedMust-have to avoid guardianship
    Health Care Directive/ProxyMedical end-of-life decisions if incapacitatedMust-have in all states
    ItemAmount/RateNote
    Exemption per person$13.99MPortability available for spouses
    Annual exclusion$18,000/recipientNo gift tax; no return required
    Tuition/medical giftsUnlimitedDirect to provider; bypass annual exclusion
    Marital deductionUnlimitedOnly US citizen spouse; non-citizen → QDOT
    Tax rate (gift & estate)40% flatApplied to taxable amount above exemption
    FeatureRevocableIrrevocable
    ChangeableYesNo
    In grantor's taxable estateYESNo (removed)
    Asset protection from grantor's creditorsNoYES
    Income tax toGrantorTrust/beneficiaries
    Estate tax benefitNONEReduces estate
    SystemBasis at DeathPlanning Insight
    Community Property (AZ, CA, ID, LA, NM, NV, TX, WA, WI)Both spouses' halves stepped upPreferred for couples with appreciated assets
    Common LawOnly decedent's share stepped upPlan: Consider community property vs. JTWROS
    ItemAmount
    GST exemption$13.99M (same as estate exemption)
    GST rate40% flat
    Beneficiary TypeDistribution Rule
    SpouseRoll into own IRA; delay RMDs
    Eligible Designated Beneficiary (EDB): minor, disabled, chronically ill, ≤10 yrs youngerLife expectancy method
    All other beneficiaries10-year rule: Full withdrawal within 10 years
    BiasClient BehaviorPlanner Fix
    Anchoring"I paid $100K; won't sell below that"Shift focus to current FMV & future projections
    RecencyOverreacts to recent market dropShow long-term data; historical context
    ConfirmationOnly listens to bullish newsPresent disconfirming views; multiple scenarios
    Overconfidence"I beat the market"Show underperformance data; diversification
    Mental accounting"Inheritance is fun money; salary is savings"Show consolidated portfolio impact
    BiasRootPlanner Strategy
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    Aligned to the CFP Board Principal Knowledge Topics.

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