Estate Planning Mistakes - Number Twenty-eight

The federal estate tax at the present time is 35%. This is a significant amount on any estate and there may not be any cash to pay the tax. For example, the estate value may all be in real estate or in a closely held business. Planning is critical to make sure there is cash to pay the estate tax. One planning option is life insurance.

However, if an estate is already in such a situation, no cash to pay the taxes, then extensions may be granted by the IRS. The extensions will be for a "reasonable period" for a "reasonable cause".

Get the expert advice that you need. Contact us at http://www.ythlaw.com/ if you have probate or estate planning questions.

Estate Planning Mistakes - Number Twenty-Six

It is important to know that face value of your life insurance is counted towards the value of your estate for Federal Estate Tax purposes. Therefore, the value of your estate could be subject to federal estate tax because your insurance policy increases the value of your estate.

An easy way to eliminate this problem is not to own the life insurance policy in your name. Instead, have the policy owned in the name of a trust. Such trust is known as an Irrevocable Life Insurance Trust. It can save your estate significantly on taxes.

Contact our office at http://www.ythlaw.com/ for all your Probate and estate planning needs.

Estate Planning Mistakes - Number Twenty-Five

For those with Federal Estate Tax exposures (for 2011 and 2012 it is 5 million/10 million for married couples), you as well as your spouse should have a credit shelter trust. The Credit shelter trust/By-pass trust should be properly funded. This requires that each couple have sufficient assets in their name alone. Those assets would fund the Credit shelter trust/By-pass trust upon the death of a spouse.

If there are not sufficient assets to fund the Credit shelter trust/By-pass trust at the death of the first spouse to die, then the surviving spouse will have to disclaim a portion of his or her inheritance to allow the funding to occur. A qualified disclaimer must be executed within 9 months of the date of death of the first spouse to die.

We have the expertise to assist you in all your estate planning and probate matters. Contact us at http://www.ythlaw.com/

Estate Planning Mistakes - Number Twenty-Four

Do Not Fail To Plan for Federal Estate Tax. For the next 2 years, 2011 and 2012, those whose estates are under 5 Million Dollars (10 Million for married couples) will not be subject to the Federal Estate Tax. This could be stay the same, be raised or reduced in 2013. It would be a mistake not to address the potential exposure your estate might have to the Federal Estate Tax. This tax currently would be 35% of the estate. It was even higher in the past so it is not a tax to be taken lightly.

So, make sure your estate planner explains your potential exposure. If your estate is close to the amount or over, you want to make sure you have a Credit Shelter/ By-Trust in place. This type of Trust will allow you to avoid and in some cases eliminate the Federal Estate Tax.

Contact us at http://www.ythlaw.com/ for expert estate planning advice that will save you money on taxes and preserve your estate for distribution in accordance with your wishes.

Breaking News - The Federal Estate Tax

Last week, a number of tax issues were addressed. For the next 2 years, 2011 and 2012 Congress has provided:

• The new estate tax rate will be levied on estates over $5 million ($10 million for couples), with a tax rate of 35% for 2011 and 2012

• The top two tax brackets will remain at 33% and 35%.

• No change for capital gains and dividends taxes. It will remain at 15% for everyone

Now that we know what to expect for the next 2 years, it’s a good idea to go back to the drawing board and re-evaluate your estate plan as well as you year-end tax strategies before December 31st.


Contact us at www.ythlaw.com for up to date estate planning information.

Law and Order Discusses the Federal Estate Tax?

Yes, that is correct. Even Law and Order wants to get in on estate planning drama. The drama that unfolded in this recent episode pertained to coincidental deaths of several millionaires at a cancer clinic which engaged in "experimental" cancer treatment. When all else had failed, this was apparently the place to go, especially if you had money. The only problem was that it was a one way visit. You checked in but never checked out, at least not alive.

So, here is the estate planning twist. The federal estate tax which would be a 45% tax on estates in excess of 3.5 million, sunset in 2010. In 2010, there is NO federal estate tax on these high level estates. We do not know what will happen in 2011 but if Congress does nothing, the federal estate tax will return.

On Law and Order, the millionaires had cancer which could no longer be treated traditionally. They were given say another year or two to live. BUT, this "experimental" treatment "might" provide them with a longer life span option or even a "cure". Needless to say, it did not prolong the life of those expected to live "maybe" another year or two. They died in 2010. The millionaire that was given only a month to live in 2009 did live longer into 2010 before dying but the quality of life was highly questionable.

All of the families of these millionaires inherited these estates FREE of federal inheritance tax. Was this a crime? Sorry, I fell asleep before the end of the show, but what do you think? Leave your comments here or contact me at http://www.ythlaw.com/

Former Chief Justice - Relying on do-it-yourself documents

It is important, for everyone, to have a will prepared by an experienced estate planning attorney. Your life's assets are too important to try to do it yourself. Whether you are a rocket scientist, brain surgeon or Chief Justice of the Supreme Court, you need someone with estate planning expertise to get the job done, right.

Chief Justice Warren Burger died in 1995 with a $1.8 million estate and a one page will that he drafted up himself. As a result, his family paid estate taxes that could have been avoided if properly planned. Further, his executors had to pay to go to court to get approval to complete administrative acts, such as selling real estate, that typically a well-drafted will would have allowed without court approval.

Leave your comment here or contact us at www.ythlaw.com

Your Taxes - What to do in 2010

This is an interesting year with the repeal of the federal estate tax and the unknown of what lies ahead. Those in the estate planning business and consumers alike just wonder and hope that certainty is around the corner. But, what should one do until we turn that corner? There is lots of commentary out there and I am always browsing, reading, researching and myself opining.

I thought this CBS Moneywatch.com article was informative and thought I might share it here. Learn about ways to at least lower your taxes this year as we all wait for our economy to improve.

http://moneywatch.bnet.com/retirement-planning/article/lower-your-taxes-in-2010/374073/

Share your comments here or contact us at http://www.ythlaw.com/

Federal Estate Tax 2010 Repeal

I can recall when I started my solo estate planning law practice in 2004, the thought was that Congress would soon address the impending 2010 repeal of Federal Estate Tax law. Practitioners and their clients needed clarity to plan. Would there continue to be a federal estate tax and at what levels would it apply?

Well, it is 2010 and Congress did not enact an extension of the estate tax before December 31, 2009. Accordingly, there is now a one-year repeal of the estate tax for 2010, subject to future Congressional action that might reinstate the tax at any time which makes advice and planning a guessing game.

It's very important to be aware that this repeal is temporary; the entire law "sunsets" (expires) after December 31, 2010. This means that the tax structure as it existed in 2001 will take effect again. Therefore, in 2011, Federal estate tax will be assessed on property valued in excess of $1 million with a maximum tax rate of 55%.

Very few people have estates large enough to be affected by the rules recently repealed but many more will be affected if it reverts back to the 2001 standard. Leave your comments here or contact us at http://www.ythlaw.com/

2. Saves Money - final comment

A final comment regarding Max and Margaret. Not only can they save on Federal Estate Tax but they can save on the state inheritance tax in states with an inheritance tax like Pennsylvania.

Who will get Margaret’s extensive art collection? If she leaves it to a charitable organization or qualified non-profit, there would be no inheritance taxes. However, her sons may also have an interest in art. In order to avoid the taxes on personal property, Margaret could begin gifting during her lifetime some of her art collection to her sons. There would be no taxes if she is under her one million dollar lifetime exclusion amount for gifting.

All of this requires planning on the part of Max and Margaret. In the long term as well as the short term, the value of a little planning today goes a long way to your family's future savings and security.

Contact us at www.ythlaw.com or leave your comments here.

2. Saves Money - Continued

We continue today to discuss saving money through effective estate planning. We met Max and Margaret yesterday whose estate is worth well in excess of 5 million dollars. How can estate planning help them?

Well, Max and Margaret can reduce or eliminate their federal estate tax. Throughout your lifetime you, like Max and Margaret, have accumulated wealth in one form or another. Under the current federal estate tax law, individuals have an available tax credit against the ultimate estate tax due.

This tax credit is a direct dollar-for-dollar reduction of Max's or Margaret's tax liability, compared with tax deduction, which reduces Max's or Margaret's tax liability only in proportion to his or her tax bracket. Therefore, for Max and Margaret, each has a tax credit against the ultimate estate tax.

However, the estate tax is not due, for Max or Margaret, until the last one dies. This is because property left to a spouse is tax free. If Max is the first to die, he would transfer his estate to the Margaret free of an estate tax. It is not until the death of Margaret that the entire estate is subject to estate tax.

At that time, the tax credit of Margaret would be available to offset the amount of estate tax due. With advance planning, the tax credit available to the Max can be preserved and would then be available at the death of Margaret to further reduce the estate tax due.

We will continue to explain this significant benefit tomorrow. Stay tuned. Contact us at http://www.ythlaw.com/ with your questions or leave your comments here.

2. Saves Money

The Second essential benefit of estate planning is saving money. Today we meet Max and Margaret whose estate is in excess of 5 million dollars. They both have high-level corporate careers at companies where they now hold highly appreciated stock options. Both of them have personal passions. For over 30 years, Max has collected historical manuscripts and other memorabilia on the American Revolution. Margaret formed a local foundation that supports women and girls in her local community. She also has a fine art collection that rivals the collection of her local museum. Max's and Margaret's three sons (two of which are sons from Max’s first marriage) are married with children and have their own successful businesses.

The federal estate tax consequences would be significant (almost ½ of their estate would be at risk) if Max and Margaret did not engage in any estate planning. Further, if they reside in a state with inheritance tax, like Pennsylvania, planning could avoid costly mistakes. Clearly, they do not want money they have accumulated over their lifetime to be depleted by taxes and other circumstances that, with advance planning, they can control.

Let's continue to follow Max and Margaret on the road to saving money. Contact us at http://www.ythlaw.com/

Costly Estate Planning Mistakes

I often attend continuing legal education seminar. Actually, I enjoy them because it keeps me current. I like to learn what others are doing for their clients in the area of estate planning. This evening's event addressed the top estate planning mistakes. Here is the run down of the list so you can see whether you need to see an estate planning attorney, like me, soon:
A. Is your estate in excess of 3.5 million dollars....then you should have federal estate tax planning done, immediately and correctly.
B. Is your estate under 3.5 million dollars and you still have federal estate tax planning done, revisit your plan immediately. You do not want terms and conditions that are no longer relevant to your situation. It will only complicate matters for your estate.
C. How many trusts do you have? Make sure you fund the correct trust. Terminate any trusts that you no longer require.
D. Make sure you review joint ownerships and beneficiary designations to make sure they are consistent with your intent for distribution of your estate.
E. Who will be responsible for the inheritance tax that must be paid? Make sure you cover your preference in your documents.
F. Oh, by the way, do not write on your will after you have executed it. Put it away and keep it clean. AND, do not lose the original....that will be a big problem. So, do you know where your original will is??

These are things to think about that I thought would be helpful to my bloggers. Let me know what you think. Contact us at www.ythlaw.com

Rethinking Your Estate Plan - Question 1. Part A.

I read a very good article in Money Magazine entitled:
Rethinking your estate plan
A smaller net worth and bigger worries about your kids' finances (not to mention uncertainty about taxes) have major implications for your estate plan.

In the article the author posed 5 questions that one should ask when rethinking their current estate plan. These same questions should be posed if you have not done your estate plan. I will cover each question over the next 5 days.

1. Part A. SHOULD I GIVE NOW OR SHOULD I GIVE LATER?

"Estate planners used to advise relatively affluent people to give some money or other assets to their intended heirs while everyone was still alive. The reason: taxes. Giving now reduces the size of your taxable estate, beefing up the total amount that goes into your heirs' pockets. (You can give up to $13,000 per recipient per year tax-free, or $26,000 for a couple.)
But because the federal estate-tax exclusion rose to $3.5 million this year - up from $2 million in 2008 - and could be extended for at least another year, taxes probably aren't a pressing concern for you right now. Instead, you should be thinking about whether your diminished assets will be enough to take care of you."

Obviously now, in this economy, you want to make sure you have enough money for you before you start giving it away. So, planning becomes even more essential. Leave a comment or contact us at http://www.ythlaw.com/

How can I avoid Federal Estate Tax?

Question:
My husband died unexpectantly and without a will. The estate is worth in excess of 3.5 million dollars. My husband had children from a prior marriage and we had children together. Can I avoid Federal Estate taxes? How can I best provide for all of his children?

Answer:
Yes, you can avoid federal inheritance tax because of the unlimited marital deduction applied to estate assets that pass from your deceased husband to you. However, since your husband died without a will, there was no planning in place to take advantage of his lifetime exclusion amount or his credit against potential future taxes. Further, there will be taxes on the monies which go directly to the children.

WHY, you might ask? When someone dies without a will, the state determines who inherits what assets. In your case, Pennsylvania provides that ½ of the estate would pass to you and the other ½ would pass equally to all of his children. However, this only applies to probate assets – assets that were titled in your husband’s name only. The intestate (to die without a will) laws do not apply to jointly held property and assets providing for designated beneficiaries.
Assuming that most of the estate was held jointly or provided you as the designated beneficiary, the following estate planning strategies are available to provide for the children while minimizing the Federal estate tax:
Gifting: $13000 can be given annually to each child tax free. Such funds could be placed in a trust for the benefit of the children.
529 College Saving Plans: $6,000 (representing 5 years of annual gifts of $13000) is permitted for each child.
Family Limited Partnership: is another gifting vehicle.
Irrevocable Life Insurance Trust: takes life insurance proceeds out of your estate.

Have your questions answered by entering a comment or submitting an inquiry through http://www.ythlaw.com/.

What happens if the Federal Estate Tax law is repealed?

Question
Is Estate Planning necessary if the Federal Estate Tax law is repealed?

Answer:
Estate planning has many purposes besides reducing or eliminating the federal estate tax. It is used to protect assets, preserve and distribute wealth. For example, you can provide for family members with disabilities or other challenges in financial management. You can control when your heirs receive any distribution. You can designate executors, trustees, guardians and those to inherit your assets.

In short, yes, estate planning will still be necessary if the Federal Estate Tax law is repealed.

Ask your question by commenting or submitting a question to http://www.ythlaw.com/

How do I plan in uncertain times?

Question:
Can you effectively plan your estate in the midst of uncertainty with Federal Estate Tax law? I am aware that Congress is considering bills that would change the Federal Estate tax. How can you effectively plan your estate when the tax laws are constantly changing?

Answer:
Flexibility is the key when planning ones estate during change and uncertainty. We do not have a crystal ball to see the future. Therefore, we need the next best thing.In my opinion, that would be control over the timing of implementation of designated estate planning tools. For example, funding the Credit Shelter Trust (used to preserve the exclusion amount of the first spouse to die) may create a burden for the surviving spouse if the estate is not large enough to justify the use of the Credit Shelter Trust. However, if the instrument is not drafted to provide some flexibility then funding of the Credit Shelter Trust may be mandatory. An alternative would be the use of a Disclaimer Trust. When the first spouse dies, an assessment can be made at that time whether to disclaim all or part of the inheritance. Only that amount, if any, would be placed in the Disclaimer Trust. The terms of the trust would provide for the surviving spouse during their lifetime. Afterwards, the funds would be distributed to the children or the remainder beneficiaries.

Ask your question by commenting or submitting a question to http://www.ythlaw.com/

Federal Estate Tax - Update

What will happen in 2010 with the Federal Estate tax remains to be seen. It is one of the hot topics in estate planning that I continue to blog on. Under the current law, there will be no Federal Estate tax in 2010. It was anticipated that Congress would have addressed this issue before now. With less than a year to go people, lots of people, have been talking about the status of the Federal Estate Tax.

One of my financial advisor associates shared an article with me from Investment News, a leading news source for investment advisors. They, like others, are following Congress closely and the most recent congressional bill would have the current exemption amount of 3.5 million to remain permanently.

See the article below for more information and to continue to follow developments in this area. Share your thoughts here. We encourage your comments.

http://www.investmentnews.com/apps/pbcs.dll/article?AID=/20090421/REG/904219982/1094/INDaily01

Irrevocable Trusts

Let's say you have a home and you want to leave it to your children. What would be the best way to leave your home to them? Today, I want to address the Irrevocable Trust for that purpose. Over the next few days, we will look at other options and you can decide which alternative might work best for you.

Pros of the Irrevocable Trust:
(1) The Irrevocable Trust allows you to take property out of your estate. Therefore, for purposes of Federal Estate Tax, your home would not be an estate asset at your death and would reduce the value of your taxable estate.
(2) If you should need medical assistance in the future, the home would not be subject to recovery by the state if the trust held your home for at least 5 years.
(3) Upon your death, your children would not have to pay an inheritance tax when the home is transferred to them from the Irrevocable Trust.
(4) Unless your home is rental property, there would not be any income for income tax purposes. Therefore, though the Irrevocable Trust would have its own EIN for tax purposes, when income tax filings are done, there would be no income tax due.

Cons of the Irrevocable Trust:
(1) When the property is transferred into an Irrevocable Trust, there would be a transfer tax due. In Pennsylvania, that would be 6% of the fair market value.
(2) An Irrevocable Trust can not be changed and you can not serve as the Trustee.
(3) If your home is rental property, income taxes would have to be paid at the trust rate which is a higher rate than for individuals.

An Irrevocable Trust is ideal when:
(1) you are well into retirement, late 70s into your 80s and beyond
(2) your property is not income producing
(3) the transfer tax is not a problem for you to pay
(4) you want to avoid the inheritance tax

Consult with our office if you would like to more about this estate planning technique.

Elder Law and Estate Planning

I often learn from my audiences. Last week, I did a presentation on estate planning. For me, sharing information on estate planning is one of the missions of my practice. It is my way to give freely of my knowledge and, yes, in return I hope that my services will be used by those who attend my seminars. At least that was why I started doing presentations in the first place. However, it has evolved into something even more meaningful for me. I have learned so much more from my audience than many of them will ever realize unless, of course, they should read this blog. Their questions make me go deeper into my explanations of those things which, without their questions, I would have only touched the surface of the topic. They want to know, for example, how Elder Law and Estate Planning relate. Are they separate or is one part of the other? Is there a certification for either? They want to know if and when they have to update exisitng documents. Their wit and wisdom and perspective are refreshing. In addressing the 45% federal estate tax on estates in excess of 3.5 million, one person's comment was given our plight in the current economic crisis, we may not have to be concerned about this as an issue. It is the proverbial silver lining.

These questions will be answered and these gems will be shared in my upcoming book, STOP! WHAT ARE YOU WAITING FOR? YOUR ESSENTIAL GUIDE TO ESTATE PLANNING.