The Generation Skipping Tax is a cleverly-devised tax to prevent the loss in tax revenue because of a loophole that existed in the law. And it works like this: When you die, you leave your estate to your children. When they die, they leave the estate to their children, aka, your grandchildren. And the estate is taxed on both transfers. To avoid this double-taxing, families began transferring estates directly from grandparent to grandchild. So, in 1986, Congress established the … [Read more...] about Estate Planning Q&A: What is the Generation Skipping Tax?
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How To Avoid Probate
When someone dies, there are often many loose ends to tie up. Creditors need to be paid, existing real estate must be dealt with, and the estate needs to be organized. Probate is the legal process of sorting out a person’s estate upon death under court supervision. And while probate will certainly get the job done, there are usually better ways to do it. Why Avoid Probate? One of the main reasons many people want to steer clear of probate court is because it can be a long and drawn-out … [Read more...] about How To Avoid Probate
How To Save On Taxes With A Family Limited Partnership
One of the benefits of having a family limited partnership is that it allows you to keep your assets within the family. But did you know a properly executed family limited partnership can also earn you tax savings every year? A good attorney can also help you understand how the processes of 'fractionalizing' and 'discounting' can maximize your death tax-saving benefits. What is a family limited partnership? A written agreement giving details of responsibilities, rights and duties of … [Read more...] about How To Save On Taxes With A Family Limited Partnership
The Importance of A Living Will
Good estate planning isn’t just about distributing your assets after you’re gone – it’s also about creating a plan to protect you and your loved ones if you should become disabled or incapacitated. And while a living trust will take care of those assets in the event of a disability, you need a living will to protect your health and well-being. Also known as a health care directive, a living will is a legal document that dictates how you want to be treated medically if you are no longer … [Read more...] about The Importance of A Living Will
Q&A: What's the difference between a testamentary trust and a living trust?
If you’ve done any research about estate planning, then you’ve probably seen the word “trust” pop up quite often. And for good reason. Trusts are an essential component of estate planning and chances are, you should have one in your plan as well. What kind of trust you need however, isn’t so cut and dry. There are basically two methods of creating a trust: The testamentary trust is created after you die in accordance with instructions you leave in your Will. This type of trust is often … [Read more...] about Q&A: What's the difference between a testamentary trust and a living trust?
Should You Have A Special Needs Trust?
Spend even just a little time planning your estate and you’ll quickly realize that there are a number of different ways to protect your estate and provide for those you love. A living trust, for example, can protect your assets from probate and even minimize the amount of estate taxes your heirs will pay after you’re gone. A living will can ensure that your preferences on health care matters are honored and if you have pets, you can even create a pet trust to make sure they enjoy a happy, … [Read more...] about Should You Have A Special Needs Trust?
What Is An Executor?
Simply put, the executor of an estate (or Will) is the person responsible for seeing that the wishes of the deceased are carried out. To ensure that your wishes are in fact, honored, you should choose someone who is dependable, responsible, and available to be your executor. The responsibilities of the executor can vary depending on the wishes of the deceased, but some of the most common duties include: Locating and protecting the assets, determining “who gets what” and making sure the … [Read more...] about What Is An Executor?
When Is The Best Time to Plan Your Estate?
When is the best time to plan your estate? Now. Estate planning is one of the most important actions you can take to protect your estate and the inheritance you hope to pass on to your heirs. Taking the time to plan your estate ensures that you decide who receives what, and you can even stipulate when they'll get it. A good estate plan can also help you minimize or even avoid probate fees, and in some cases your beneficiaries can even avoid paying estate taxes at the time of your … [Read more...] about When Is The Best Time to Plan Your Estate?
Estate Planning For Your Small Business
When my clients talk about starting a small business, they see that business as a means to several ends. If profitable, it will give them the ability to increase their income and support the lifestyle they want. It also allows them a freedom they just can't find anywhere else - to be their own boss and call their own shots. But all of this pales in comparison to one of the biggest dreams that small business supports, and that is the ability to build a legacy that they can leave to their … [Read more...] about Estate Planning For Your Small Business
What is a Power of Attorney?
A Power of Attorney (POA) is a document that gives legal authorization for someone to act on your behalf. There are different types of powers of attorney, each of which you would want to use in different situations. There are three main types of power of attorney and together they are called the ‘Guardian Trio’. These are: (1) power of attorney for finances, (2) power of attorney for health care, and (3) power of attorney for living trusts. Power of Attorney for Finances There are … [Read more...] about What is a Power of Attorney?
