Revised: 12/28/2017 Congress has passed a tax reform act that will take effect in 2018, ushering in some of the most significant tax changes in three decades. There are a lot of changes in the new act, which was signed into law on Dec. 22, 2017. You can use this memo as a high-level overview of some of the most significant items in the new act. Because major tax reform like this happens so seldom, it
Choosing your executor, who will administer your estate and carry out your final wishes, may be one of the most important decisions you make when preparing your will. Before you name someone, get his approval and make sure he feels up to the task. An executor’s responsibilities including filing court papers to start probate and validate the will, inventorying the estate, notifying banks and government agencies, sorting out finances, maintaining all property until it’s distributed or
Pre-litigation is activity that occurs before a legal suit is filed. If you are involved in an estate transfer and your rights are unclear, pre-litigation may be an effective way to establish your position and head off a more costly legal conflict. Pre-litigation claims are typically made in an effort to get the other party to back down or engage in negotiations. This process may be the first step in claiming a will or trust is
In addition to telling your children why you plan to leave an unequal gift, consider providing a written explanation of your decision that can be attached to your trust or will. Such a letter communicates facts and feelings that are not otherwise included in estate planning documents and may deter an unhappy heir from contesting your will. Consult your attorney about any estate planning letters you intend to leave to ensure you don’t create any confusion
When it comes to leaving money to the kids, some parents struggle to reconcile “equal” with “fair.” An equal inheritance treats each child the same, regardless of life situation or special circumstances. On the other hand, sometimes an unequal distribution can seem like the fairest thing to do, given a child’s age, financial wherewithal, or previous track record. To avoid unpleasant surprises and contentious family squabbles, be transparent about your plans and talk with your children
Deciding when and how to relinquish the family home can be one of the most challenging issues seniors face. For many, a home is their most valuable asset and a cornerstone of the wealth they’d like to transfer to their family. If you’re one of AARP’s estimated 87 percentage of older adults who wants to stay at home and “age in place,” you may be planning to stay put as long as possible with the goal
The Treasury Department and the IRS have announced that proposed regulations that would have drastically limited valuation discounts for transfers of family businesses are being withdrawn. The regulations would have curbed valuation discounts commonly used when family business owners transfer minority shares to other family members. The withdrawal means that family business owners will still be able to transfer a portion of their business to their children while applying valuation discounts. Primarily, those discounts include adjustments
Congress has passed tax reform that will take effect in 2018, ushering in some of the most significant tax changes in three decades. There are a lot of changes in the new bill, which is expected to be signed into law soon. You can use this memo as a high-level overview of some of the most significant items in the new bill. Because major tax reform like this happens so seldom, it may be worthwhile for
ADDITIONAL INFORMATION: I understand there is a year for creditors to submit claims to the estate. Does this mean the heirs have to wait a full year to sell the house? Thank you! ATTORNEY ANSWER BY MARGARET L. CROSS-BELIVEAU: Yes, you may sell the house during probate. In order to pass a clean title to the buyers, a formal probate proceeding is required. Unless the will has specifically waived the requirement, the personal representative will need
ADDITIONAL INFORMATION: Just want to make sure if anything is to ever happen to me that my kids will be able to stay together and be taking great care of. ATTORNEY ANSWER BY MARGARET L. CROSS-BELIVEAU: A Godparent is a religious designation, not a legal one. You wish to appoint a guardian. In order to do so, you should execute a will. Legal Disclaimer: Please note that this answer does not constitute legal advice, and should
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