A Power of Attorney is a document by which you appoint someone as your “Agent” to act on your behalf. If that Agent is unwilling or unable to act, the document can appoint one or more successor Agents. But what is a “HIPAA” Power? First, “HIPAA” is the Health Insurance Portability and Authorization Act of 1996. That Act brought about many things, including enhanced privacy in your health records. While HIPAA protections are a great addition to the law, they can thwart people who have a … [Read more...] about The Basics: “HIPAA” Powers
Leaving Assets Can Be Tricky – Part 2
Maybe you grew up without much. You worked hard. You earned a good education. You succeeded in life even though the streets weren’t paved with gold where you grew up. In fact, maybe you grew up in a very impoverished, oppressed community. Now you (and your spouse if you’re married) have accumulated enough so you’re comfortable. Maybe you’re not a billionaire, but you feel like you’ve achieved a reasonable level of material success. After your death, you’d like to provide for your loved ones so … [Read more...] about Leaving Assets Can Be Tricky – Part 2
The Basics: Financial Power of Attorney
First, what’s a Power of Attorney? It’s a document by which you appoint someone as your “Agent” to act on your behalf. If that Agent is unwilling or unable to act, the document can appoint one or more successor Agents. In other words, you give someone else (the Agent) powers you inherently already have yourself. With a Financial Power of Attorney, otherwise known as a General Durable Power of Attorney, you appoint your Agent to make financial decisions for you. The Power could be drafted to be … [Read more...] about The Basics: Financial Power of Attorney
The Basics: Powers of Attorney for Healthcare
This is the second in a three-part series of articles on Powers of Attorney. The first article examined the Financial Power of Attorney. This second article examines the Healthcare Power of Attorney and Advance Directive. The third article in the series will focus on a “HIPAA” Power of Attorney. These three documents are the keystone in even the most basic estate plan. As outlined in the first article in the series, a Power of Attorney is a document by which you appoint someone as your … [Read more...] about The Basics: Powers of Attorney for Healthcare
Shrunken Asset Values Open Estate Planning Opportunities
The spread of the coronavirus has wreaked havoc on financial markets around the world. While nobody would seek out such a decline, it could provide opportunities for some people. This is the second of a two-part series on strategies to consider under these circumstances. This first article looked at gifting and electing alternate valuation. This second article looks at the Grantor Retained Annuity Trust, or “GRAT,” and how that strategy might be used in these troubling times. Let’s look at a … [Read more...] about Shrunken Asset Values Open Estate Planning Opportunities
Removing Life Insurance Without Triggering the Transfer for Value Rule
This is the second in a two-part series of articles regarding life insurance and removing it from the taxable estate. The first article examined why life insurance is in the taxable estate and how to remove it, including the trap of the three-year lookback. This second article examines the application of the “Transfer for Value” rule and how to navigate around that rule while keeping the life insurance out of the taxable estate. In the first article in the series, we saw that life insurance is … [Read more...] about Removing Life Insurance Without Triggering the Transfer for Value Rule
Removing Life Insurance from the Taxable Estate
This is the first in a two-part series of articles regarding life insurance and removing it from the taxable estate. This first article examines why life insurance is in the taxable estate and how to remove it. The second article will examine the application of the “Transfer for Value” rule and how to navigate around that rule while keeping the life insurance out of the taxable estate. First, why is life insurance in the taxable estate? Section 2042 causes inclusion in your estate if the life … [Read more...] about Removing Life Insurance from the Taxable Estate
Avoiding Family Chaos in the Coronavirus Age
The novel “coronavirus” (also called “SARS-CoV-2”) causes the disease “COVID-19.” It first appeared in late 2019 and was reported to the World Health Organization (WHO) on December 31, 2019. Here’s a link to the WHO’s site for the latest global information. COVID-19 has impacted the lives of millions of people and countless events around the world. The coronavirus has infected over four million people around the world, including over a million in the United States. It has killed over … [Read more...] about Avoiding Family Chaos in the Coronavirus Age
Economic Fallout from Coronavirus May Provide Opportunities
The spread of the coronavirus has wreaked havoc on financial markets around the world. While nobody would seek out such a decline, it could provide opportunities for some people. This is the first of a two-part series of articles on strategies to consider under these circumstances. This first article looks at gifting and electing alternate valuation. The second article will look at the Grantor Retained Annuity Trust, or “GRAT,” and how that strategy might be used in these circumstances. The … [Read more...] about Economic Fallout from Coronavirus May Provide Opportunities
Whom Do You Want to Get Your Assets?
It’s important to consider whom you’d want to get your assets when you die. Most of us have an idea of whom we’d choose. But, it’s also important to consider who should get those assets if your preferred recipient isn’t around. Life is full of odd twists and turns. Unfortunately, sometimes people don’t die in the order you’d expect. (The deaths of Kobe Bryant and his daughter Gianna in a helicopter accident demonstrated this.) Let’s look at an example of the importance of naming contingent … [Read more...] about Whom Do You Want to Get Your Assets?
