As Autumn arrives, it’s not too early to consider end-of-year planning. Fundamental to end-of-year planning is deciding whether to shift income or expenses from this year to the next, to the extent possible. All other things being equal, typically you’d want to defer income (and the taxation on it) until the following year. However, if your income is lower in the current year, you may want to keep extra income in the current year to be taxed in a lower tax bracket and hence a lower marginal tax … [Read more...] about Planning Is Important
Planning for Incapacity
Every year, many people in the United States are unable to manage their own affairs due to incapacity. They might be young or old. They may have had a gradual decline or a sudden onset. They might have had a stroke, heart attack, or some disabling disease such as Parkinson’s, Alzheimer’s, or COVID-19. If you are incapacitated without having prepared, it can be an ordeal for you and those who care for you. Your loved ones might need to go to court to have you declared incompetent and have a … [Read more...] about Planning for Incapacity
Use the Exclusion or Lose It
In 2020, each person can give away $11.58 million during life. Whatever portion they haven’t used during life, they can use it at death. However, that generous exclusion will be cut in half at the end of 2025. Beginning in 2026, the exclusion will be only $5 million adjusted for inflation from the 2011 base year. If you use the exclusion before it falls back, you won’t be penalized by a “clawback” upon your death in 2026 or later. For example, let’s say Mary has $11.58 million and gives it … [Read more...] about Use the Exclusion or Lose It
Will Your Estate Plan Still Work If You Move?
Before the pandemic, Americans were as mobile as ever. In the prior decade, millions of Americans moved each year. Here’s a link for more information on moving in America. Often, people wonder, “What happens to my estate plan if I move?” Well, it depends. If you move within the same state, your documents are valid and the planning will still be intact, as well. If you move from one state to another, your primary dispositive plan may still be valid, but some aspects might not work as well in … [Read more...] about Will Your Estate Plan Still Work If You Move?
Building Flexibility into Your Plan
When you prepare your estate plan, typically there are formalities required. In most states, a Will must be signed by the testator (the person whose property is governed by the Will) and that signature must be witnessed by two people. The rules vary a little from state to state. For example, in some states, three witnesses are required. In other states, a Will need not be witnessed by others, as long as it is entirely in the handwriting of the testator and signed by the testator at the end of … [Read more...] about Building Flexibility into Your Plan
The Basics: “HIPAA” Powers
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
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
