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When Is an Estate Tax Return Due?

August 7, 2014Estate Planning, Taxes

estate tax

When you start to plan your estate in earnest, you may wonder if you have to file an estate tax return.  You do not have to file an estate tax return unless the taxable value of your estate exceeds the amount of the federal estate tax exclusion. Let's look at the details so that you can proceed in an informed manner. Parameters of Federal Estate Tax Everyone does not have to file an estate tax return because there is a federal estate tax credit or exclusion. This is the line that … [Read more...] about When Is an Estate Tax Return Due?

How Do You Find the Right Elder Law Attorney?

August 5, 2014Elder Law

Aging Parents and Nursing Home Costs

Elder law is the legal specialty that is focused on the needs of senior citizens.  If you are concerned about the eventualities of aging, you should definitely discuss the future with a licensed elder law attorney. There are a number of different relevant elder law issues that you should be aware of, but the matter of long-term care is at the top of the list. According to the United States Department of Health and Human Services, 70 percent of senior citizens will someday need help … [Read more...] about How Do You Find the Right Elder Law Attorney?

Revocable Living Trusts: What Is a Successor Trustee?

July 31, 2014Estate Planning, Living Trusts, Wills and Trusts

If you are not particularly wealthy, you may assume that you should use a last will to facilitate the transfer of your monetary assets after you die.  You can go this route if you want to, but the postmortem process is something to take into consideration. The executor that is named in the will would have to admit the will to probate.  This is a legal process, and it comes with a number of pitfalls.  Probate can be costly, it is time-consuming, and probate records are available … [Read more...] about Revocable Living Trusts: What Is a Successor Trustee?

Is There a Medicaid Asset Limit?

July 29, 2014Elder Law, Medicaid

Before we examine the Medicaid asset limit question, we should explain why Medicaid is important to many seniors who will qualify for Medicare coverage. If you earn sufficient retirement credits while you are working, you will qualify for Medicare when you reach the age of 65.  Medicare is a government health insurance program that you pay into when you are paying your taxes throughout your life. You can earn as many as four retirement credits per year, and you need 40 credits to … [Read more...] about Is There a Medicaid Asset Limit?

What Is a Grantor Retained Annuity Trust?

July 24, 2014Estate Planning, Taxes, Wills and Trusts

Estate planning takes on an added layer of complexity when you are faced with federal estate tax exposure.  To determine your position relative to the estate tax, you must compare the value of your estate to the federal estate tax credit or exclusion. For the rest of 2014, the federal estate tax exclusion stands at $5.34 million.  You can transfer this much tax-free, but transfers that exceed this amount are potentially subject to the death tax and its 40 percent maximum … [Read more...] about What Is a Grantor Retained Annuity Trust?

What Is the Medicaid Monthly Maintenance Needs Allowance?

July 22, 2014Elder Law, Long-Term Care, Medicaid

Before we explain the Medicaid Monthly Maintenance Needs Allowance, we should look at the value of Medicaid planning for people who were never financially needy. Long-Term Care Costs If you have worked throughout your life prior to retirement, you are going to qualify for Medicare coverage.  In fact, the eligibility requirements are quite modest. You earn retirement credits when you are working and paying taxes.  Each year you can earn as many as four retirement credits.  … [Read more...] about What Is the Medicaid Monthly Maintenance Needs Allowance?

When Would I Create a Special Needs Trust?

July 17, 2014Estate Planning, Special Needs Planning, Wills and Trusts

There are numerous different ways to provide for your loved ones when you are planning your estate.  It is important to gain an understanding of all of your options so that you are proceeding the optimal fashion.  It is possible to make mistakes that result in negative consequences, even though you have very positive intentions.  With this in mind, we would like to look at the value of special needs trusts. Medicaid and Supplemental Security Income You may have a loved one … [Read more...] about When Would I Create a Special Needs Trust?

What Is the Annual Gift Tax Exclusion?

July 16, 2014Estate Tax

What is annual gift tax exclusion from Paul Kraft  If there was no gift tax, you could just give away your assets while you are living to avoid the estate tax. The estate tax and the gift tax are unified under the tax code. Learn more about the annual gift Tax exclusion in this presentation. … [Read more...] about What Is the Annual Gift Tax Exclusion?

What Are the Advantages and Disadvantages of a Guardianship?

July 15, 2014Estate Planning, Guardianship, Incapacity Planning, Power of Attorney

Before we get into the matter of adult guardianship, we should provide some background information about incapacity. Estate planning is clearly going to revolve around financial issues for the most part, but you should also consider the eventualities that you may face toward the end of your life. Incapacity Planning There are various different causes of incapacity.  When people become physically ill they sometimes become unable to communicate, and this is one form of incapacity … [Read more...] about What Are the Advantages and Disadvantages of a Guardianship?

Who Can Act as an Agent Under a Power of Attorney?

July 10, 2014Estate Planning, Incapacity Planning, Power of Attorney

In the legal field, a power of attorney can be used to appoint someone to make decisions on your behalf.  Within the estate planning niche, durable powers of attorney are often used to account for the possibility of incapacity. Durable powers of attorney are used because they remain in effect if the grantor becomes incapacitated. Incapacity is quite common among elder Americans.  There are various different causes of incapacity, some of them physical, and some of them mental. … [Read more...] about Who Can Act as an Agent Under a Power of Attorney?

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