November 2011

IRS issues safe harber method of accounting for nonaccrual-experience method of accounting.

Rev. Proc. 2011-46 provides a book safe harbor method of accounting for taxpayers using the nonaccrual-experience (NAE) method of accounting under § 448(d)(5) of the Internal Revenue Code and § 1.448-2 of the Income Tax Regulations. This revenue procedure also provides the procedures by which a taxpayer may obtain automatic consent (1) to change to the NAE book safe harbor method, and (2) to make certain changes within the NAE book safe harbor method. Eligible taxpayers may

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No Trustee Fiduciary Breach Where Purchaser of Estate Property Flipped Property (Fla. App.)

Sloan was the trustee for the Hemphill trust, created by a pour-over will, which provided income payments to the beneficiaries, the settlor’s children, until age 25 at which time their trust share could be distributed. In her capacity as trustee, Sloan listed trust property, Keysville Road Grove, for sale. She retained a real estate attorney and listed the property for $1.225M. The plaintiff beneficiary had

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Be sure to update your estate plan when your finances change

In the recent economic downturn, many homes lost considerable value and stock portfolios gyrated. If this is the case for you, then you should consider reviewing your estate plan. If your will divides your estate into percentages for beneficiaries, then changes in value won’t affect the proportions by which your estate is distributed. However, if you have included specific bequests in your will, then a rise or fall in your net worth could have significant consequences.

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Does your will name an alternate beneficiary?

What will happen to your estate if your primary beneficiary – the person you name to inherit your assets – dies before you do? If your will doesn’t name an alternate beneficiary, then your estate will be divided according to state law – which might mean it will go to someone you don’t like, or someone who is unable to handle significant assets. For example, suppose your will divides your estate equally among your children. If

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Charitable remainder trusts: Income for life and a good deed at death

Many people like the idea of leaving a bequest to a favorite charity in their will. But an interesting alternative is to put assets now into a charitable remainder trust. A charitable remainder trust is a trust that provides you (and possibly your spouse) with income for life. The trust can pay you a certain amount of income each year from investments, or you can choose to be paid a percentage of the trust assets each

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‘Daily money managers’ can help seniors with financial matters

Having difficulty keeping on top of your bills and other financial issues? Maybe a “daily money manager” can help. A daily money manager is a person who is experienced in dealing with financial matters that can build up and cause problems if they aren’t taken care of, ranging from paying routine bills to filling out complex medical claims. Daily money managers are members of a relatively new profession that now has its own professional association.

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Who is responsible for paying a deceased relative’s debts?

The loss of a loved one is difficult to cope with, but if the loved one left debts behind, it can be even tougher. It’s important to know who is responsible – and who is not responsible – for the debts of a deceased person. This is even more true now than in the past, because creditors and debt collectors have become very aggressive lately about contacting a deceased person’s family members and trying to get

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Makes Estate Planning Simple

“David was most valuable in assisting me with initial preparation, and update, of my Estate Plan. In addition, his staff was able to advise me on a small matter employment matter. Throughout, they were responsive to my needs and schedule, and provided me with significant peace of mind” – Tom, Estate Planning client

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Highly Recommended

“I am a real estate investor, divorced father, as well as a business owner, and have hired many attorney’s through the years to handle various legal issues. In my experience, most attorney have been overpriced, unresponsive, and less than concise with their advice. I am extremely cynical when it comes to the legal profession and can honestly say that Attorney Beliveau ranks as one of the most honesty, trustworthy, and knowledgeable in his field. His background

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Wouldn’t hesitate at all to employ his services

“I had a Revocable Trust and Will written up by David Beliveau Law Group in 2007 and a subsequent amendent to the document in 2011. David was very helpful, taking time to explain the contents of the statements and implications. I wouldn’t hesitate at all to employ his services again in any future legal matters.” – John A. Salem, NH

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