Estate Planning Articles

Prepare now – new 3.8% tax on investment income takes effect in 2013

A new 3.8% tax on investment income will take effect in 2013, and anyone who has significant investments or who manages a trust should be planning for it now. The tax was included in President Obama’s health care law. In the past, many people didn’t plan for the tax because they thought the law might be struck down by the Supreme Court. But now that the Supreme Court has upheld the law, the tax will take

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Huge tax-saving opportunity available only until December 31

An enormous opportunity for families to reduce their estate taxes – and in some cases, save millions of dollars – will end on December 31, 2012. If there’s a chance you can take advantage of these savings, it’s wise to act immediately, because unless Congress changes the law, the window of opportunity will close permanently when the ball drops on New Year’s Eve. Between now and the end of the year, the lifetime exemption from the

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IRS cracks down on family gifts of real estate

Amazingly, it appears that most people who have given away real estate to family members in recent years have not filed a gift tax return with the IRS. The IRS requires a gift tax return to be filed any time a person makes a gift to someone other than a spouse of more than the annual exemption amount (which is currently $13,000). So if a person gives a piece of real estate to a child, or

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Talk with your heirs about the advantages of inherited IRAs

Leaving an IRA to your children or grandchildren can be a great idea. That’s because withdrawals from the IRA can be “stretched out” over many years, and the IRA can grow tax-free for decades, giving your heirs a huge tax benefit. However, if you’re planning to leave an IRA to your heirs, it’s important to talk with them now about this strategy – so they understand how to take advantage of it. A recent study by

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2012 could be a great time to equalize family gifts

There’s a limit on how much money you can give away each year without paying gift tax. For 2012, for instance, you can give any person up to $13,000 without paying tax. Many people make annual gifts to family members as part of their estate planning. This is a smart idea, but one problem is that over time it can result in unequal gifts to different parts of a family. For instance, Edna has three children:

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How to transfer a family business to the next generation

Many people who seek estate planning advice are owners of family businesses, and one of their chief concerns is how to pass on the business to the next generation. The fact is, there are almost as many ways to transfer a family business as there are family businesses. There’s no way to know what’s best for you without a thorough discussion of your goals, your family, and your complete financial picture. However, there’s no question that

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‘Joint will’ couldn’t be modified later

Jerome and Sandra Murray signed a “joint will” in 1993. It provided that if one of them died, the other would inherit all the property. It also said that the will couldn’t be modified unless they both agreed to any changes. Unfortunately, the couple divorced in 2001. In the divorce settlement, Sandra received a condo in New York. In 2006, she put the condo into a trust. The trust document said that if she died, the

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Many older powers of attorney and health care proxies should be reviewed

Many power of attorney and health care proxy documents that were created years ago should be revised now as a result of a federal medical privacy law. The law, known as HIPAA, generally prevents health care providers from disclosing your personal medical information to anyone but you and someone you’ve named as your “personal representative.” Medical privacy may be a good thing – but the law can create complications.

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How to avoid taxes when giving away hard-to-value assets

As part of their estate planning, many people want to give away property during their lifetime in order to reduce the size of their taxable estate. In general, you can give $13,000 a year to anyone you like without having to pay gift tax, and you can make additional gifts over this limit, over the course of your lifetime, up to the amount of your gift tax exemption (although these larger gifts will reduce your estate’s

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Moving? It’s time to update your estate plan

If you’re moving (or considering moving) to another state, it’s a good time to update your estate planning. Of course, your estate plan should be updated any time you make a major change, such as buying or selling real estate. But even if you’re not buying or selling anything, it’s wise to review your estate plan when you move because different states have different laws about how estate documents are interpreted. For instance, New Yorker Rosanne

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