5. Addresses Special Circumstances - continues

This blog post continues from October 24 when we started to look at the 5th benefit of estate planning, addresses special circumstances.

Remember the other 4 of the 7 essential benefits of estate planning are;

(1) protects assets

(2) saves money

(3) creates a legacy

(4) distributes wealth.

Today we continue to discuss how estate planning addresses special circumstances. In the case of Linwood and Jordan who are same sex partners, they have to address their property interests through advance planning. If either Linwood or Jordan died without a will, no property would go to the other unless there was joint ownership, a trust or beneficiary designation with the partner's name. There would have to be planning to minimize the inheritance tax since the 0 rate would not apply to unmarried individuals.

What about their son, Julian? We will discuss his special circumstances tomorrow. Leave your comments here or contact us at http://www.ythlaw.com/

Planning for Non-Traditional Families - continued

Yesterday in my discussion of domestics partners, I mentioned there are situations where cohabitation/domestic partnership agreements are advisable. Among those reasons are:
1. When a second person's name is added to a deed after considerable equity has already been established in the home during ownership by the first owner. The agreement will help clarify ownership interest in the real estate.

2. When property purchased jointly is only held in one person's name.

3. When one person is the financial provider and the other is a home-maker.

4. When unequal contribution are made towards the purchase of jointly held property.

5. When there is an interest in giving benefits or rights to another which are not required or available under the law.

6. When assets are co-mingled or combined.

7. When there are family members who may dispute the interest of a domestic partner.

I think it is always wise to have an agreement between domestic partners because there are many situations that we can not anticipate and an agreement helps with defining how to handle.

Provide your comments or contact us at www.ythlaw.com

Planning for Non-Traditional Families

It is just as important if not more important for same sex couples to engage in estate planning. With the exception of states like New Jersey, Massachusetts and Vermont, there are few laws providing benefits and protections for domestic partners.

I was talking with a CPA specializing in estate planning about the unique tax issues that arise in domestic relationships. Specifically, she expressed that same sex partners, unlike married couples, have no IRS exclusion for property or monetary transfers between them. Such transfers could be subject to gift tax and transfer tax. If there are significant assets involved in a separation between domestic partners, even if the financial provider wanted to be fair with property division, the tax consequences may be prohibitive. After the lifetime exclusion of 1 million dollars is gifted, the excess will have a gift tax imposed. The gift tax rate starts at 41% and goes to 45%. It will be lowered in later years to 35% but this is still a hefty tax for anyone to pay.

Tomorrow I will address Domestic Partnership Agreements. When should you have one? Leave your questions or comments here or contact us at www.ythlaw.com