Estate Planning Articles

There may be better alternatives to charitable gifts in your will

Many people include charitable gifts in their will. Not only do they want to help certain charities, but doing so can reduce estate taxes. But suppose that at some point, it becomes clear that your estate will likely incur little or no estate tax. You might consider removing all or part of such a bequest from your will, and instead making a gift while you’re still alive. Doing so could give you a large income tax

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Return of estate tax creates a danger for life insurance policies

With the federal estate tax now back in effect – and the possibility that it will apply to estates as small as $1 million at some point in the next few years – many people need to take a second look at their life insurance policies. Life insurance proceeds are not subject to income tax. But what many people don’t realize is that if you own your life insurance policy, then the proceeds will be considered

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The federal estate tax is back in 2011

The federal estate tax is back in effect as of January 1, 2011. As a result of a last-minute compromise in Congress, the estate tax will be temporarily reduced for two years. In 2011 and 2012, the tax will apply to estates over $5 million, at a rate of 35%. However, unless Congress changes the law again, after 2012 the tax will apply to any estate over $1 million, at a rate of 55%. As a

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Consider making large gifts before the end of 2010

It’s not for everyone, but certain people can save a lot of taxes by making large gifts to family members or others before the end of 2010, and paying a gift tax on the transfer. In general, you can give up to $13,000 to as many people as you like each year without having to pay gift tax. Also, you can give up to $1 million above that limit over the course of your lifetime, and

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Do your tax homework if you’re converting to a Roth IRA

A lot of people are converting their regular IRA or old 401(k) plan into a Roth IRA in 2010. That’s because Congress lifted a number of restrictions on these conversions this year. It also gave people who convert in 2010 a special one-time benefit: Rather than reporting the resulting income on their 2010 tax return, they can choose to report nothing for 2010, and then report half the income on their 2011 return and half on

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How to give assets to your grandchildren (but keep control)

Many older people would like to make significant gifts to their grandchildren, in order to help them and in order to reduce the size of their own estate for tax purposes. But they also worry that the grandchildren won’t be able to handle large sums of money. The good news is that you can give each of your grandchildren up to $13,000 a year without incurring any gift tax. If you’re married, your spouse can also

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Illegitimate child collects from trust

A Florida couple created a trust to benefit their grandchildren. The trust stated that it was to benefit only grandchildren who were related by blood. One of the couple’s sons got divorced in 1971. A girl, Catherine, had been born during the marriage. The son acknowledged the girl as his child and paid child support for her. In 1999, however, when Catherine was 32 years old, a DNA test proved that she wasn’t really the son’s

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How is your real estate titled? It makes a big difference

When two or more people own real estate, the relationship between the owners is known as a “tenancy.” There are a number of different kinds of tenancy. Understanding the differences is important, because different kinds of tenancy can mean different rules for whether an interest in the property can be inherited outside of probate and whether creditors can claim the property. Tenancy comes in three main forms: tenancy in common, joint tenancy, and tenancy by the

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Things to consider if you’re remarrying later in life

Not only are people living longer these days, but there’s a growing trend of widows and widowers remarrying in their 60s, 70s and 80s. A remarriage late in life can bring happiness, but it can also create complexities for estate planning. For most elderly people who remarry, the chief issue is that they want to look out for their adult children and make sure those children have an inheritance. Lack of estate planning can result in

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