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Understanding SSI and SSDI

June 16, 2022Elder Law

Indianapolis elder law attorneys

Losing the ability to work can have a devastating impact on you and your family, particularly if your income is a significant contributor to the family finances. It could happen, however, at any age due to a physical or mental disability. The good news is that there are two federal assistance programs that may be able to help – the Supplemental Security Income (SSI) program and the Social Security Disability Insurance (SSDI) program. The Indianapolis elder law attorneys at Frank & Kraft help … [Read more...] about Understanding SSI and SSDI

Should You Establish a Grantor Retained Income Trust?

June 14, 2022Trust in Indianapolis

To ensure that your estate doesn’t lose assets to federal gift and estate taxes you may need to include tax avoidance strategies in your estate plan. One estate planning tool that can provide tax avoidance benefits is a Grantor Retained Income Trust, or GRIT. Always consult with your estate planning attorney before deciding what tools to incorporate into your estate plan. In the meantime, however, the Indianapolis trust attorneys at Frank & Kraft explain how a Grantor Retained Income Trust works and why you might want to include one in your estate plan. What Is a GRIT? A GRIT is a specialized type of irrevocable trust that allows the Grantor (creator of the trust, also referred to as the “Settlor”) to transfer assets into the trust while retaining the right to receive all of the net income from the trust assets for a fixed term of years, referred to as the “initial term.” Income from the trust is distributed to the Grantor at least annually during the initial term. At the end of the initial term, the remaining principal is either distributed to the trust beneficiaries or remains in the trust for the benefit of those beneficiaries. The primary benefit of a GRIT is that if (this condition is important) the Grantor survives the initial term, the value of the principal held in the GRIT is excluded from the Grantor’s estate for federal gift and estate tax purposes. How Does a GRIT Help with Tax Avoidance? The tax avoidance benefit of a GRIT is found in how the value of the trust principal is determined because those assets are valued at a discount. The value of the discount depends on the length of the initial term of the GRIT, and the applicable federal rate in effect at the time the GRIT is established. The transfer of assets to a GRIT constitutes a gift equal to the total value of the assets transferred to the GRIT, less the present value of the retained income interest held by the Grantor for the initial term. If the Grantor survives the initial term, the assets comprising the GRIT will pass to the designated remainder beneficiaries at a reduced gift tax value. GRIT Beneficiaries Section 2702 of the Internal Revenue Code determines who you cannot name as a beneficiary in a GRIT. Excluded beneficiaries include your spouse, your ancestors or the ancestors of your spouse, any lineal descendant of yours or your spouse, any sibling of yours or your spouse, or the spouses of any of the foregoing persons. You can name lineal descendants of siblings, (nieces and nephews) relatives even more distant than nieces and nephews, or friends of yours or your spouse as beneficiaries of a GRIT. How a GRIT Works in Practice Imagine that you establish a 15-year GRIT and transfer $100,000 of assets into the trust and that the applicable federal rate is five percent. As the Grantor, you will receive the income from the GRIT during the initial term. The present value of the retained income interest is $66,007, making the value of the gift $33,993. If you survive until the end of the initial term, however, the remainder beneficiaries will receive $100,0000 plus all capital growth. Your estate, however, will only need to acknowledge a lifetime gift in the amount of $33,993 (the applicable value of the gift at the time it was made). Disadvantages of Using a GRIT Just like most tax savings tools and strategies, there are some disadvantages to relying on a GRIT. First, it is an irrevocable trust, meaning if your personal circumstances change, you cannot make corresponding changes to the trust. Second, if you do not survive the initial term the advantages gained by creating a GRIT do not apply. Contact the Indianapolis Trust Attorneys For more information, please download our FREE estate planning worksheet. If you have additional questions or concerns about establishing a Grantor Retained Income Trust, contact the experienced Indianapolis trust attorneys at Frank & Kraft by calling (317) 684-1100 to schedule an appointment.

To ensure that your estate doesn’t lose assets to federal gift and estate taxes you may need to include tax avoidance strategies in your estate plan. One estate planning tool that can provide tax avoidance benefits is a Grantor Retained Income Trust, or GRIT. Always consult with your estate planning attorney before deciding what tools to incorporate into your estate plan. In the meantime, however, the Indianapolis trust attorneys at Frank & Kraft explain how a Grantor Retained Income Trust … [Read more...] about Should You Establish a Grantor Retained Income Trust?

What Can Go Wrong during Probate?

June 9, 2022Probate

Indianapolis estate planning attorney

You have likely heard that your estate plan should be structured to avoid probate to the extent possible. Unless you have been through the probate process before, however, you may be wondering why so much estate planning time and effort is devoted to worrying about probate. What is it that can go wrong during probate? To help answer that question, an Indianapolis estate planning attorney at Frank & Kraft discusses what can go wrong during probate and how a comprehensive estate plan can … [Read more...] about What Can Go Wrong during Probate?

How Can I Make Sure the Assets I Gift Are Used as Intended?

June 7, 2022Trust in Indianapolis

When you make gifts in your estate plan, you often have some idea how you hope those gifts are used by the recipients. In fact, it may be very important to you that assets are used in a specific way or for a specific purpose. One way to help make that happen is to gift the assets using an incentive trust. The Indianapolis trust attorneys at Frank & Kraft explain how an incentive trust can help ensure that assets you gift are used as intended. Trust Basics A trust is a fiduciary … [Read more...] about How Can I Make Sure the Assets I Gift Are Used as Intended?

5 Things Your Estate Planning Attorney Needs to Know

June 2, 2022Estate Planning

Indianapolis estate planning attorneys

The decisions made when creating an estate plan are highly personal decisions. Understandably, it may be uncomfortable to discuss those decisions with others; however, you will need to share things with your estate planning attorney to create a successful estate plan that works as intended. In fact, failing to be completely open and honest with your attorney could jeopardize the success of your overall estate plan. With that in mind, the Indianapolis estate planning attorneys at Frank & … [Read more...] about 5 Things Your Estate Planning Attorney Needs to Know

Can I Do Anything to Prevent Someone from Contesting My Will?

May 31, 2022Wills and Trusts

Indianapolis estate planning attorneys

One of the most important reasons for creating your Last Will and Testament was likely to ensure that your estate assets are distributed according to your wishes after your death.  If that Will is invalidated because of a Will contest, however, that State of Indiana (or your state of residence at the time of your death) will ultimately decide what happens to your assets. Can you do anything to prevent a Will contest? An Indianapolis estate planning attorney at Frank & Kraft explain what … [Read more...] about Can I Do Anything to Prevent Someone from Contesting My Will?

How Can My “In-Laws” Threaten My Assets?

May 26, 2022Asset Protection

in-laws

A well-thought-out estate plan will help protect and grow your assets over the course of your lifetime to ensure that there are sufficient assets left at the end of your life to pass down to loved ones.  For that reason, asset protection planning tools and strategies should be included in your estate plan. Some of the threats to your assets are well known; however, others are less obvious. An Indianapolis asset protection planning attorney at Frank & Kraft explains how your in-laws … [Read more...] about How Can My “In-Laws” Threaten My Assets?

What Can I Do to Help My Estate Planning Attorney?

May 24, 2022Estate Planning

Working with an experienced estate planning attorney is the best way to ensure that your estate plan accomplishes all your goals and that it works as intended. Your attorney will provide you with advice and guidance during the creation of your estate plan; however, there are also things you can do to help your estate planning attorney to increase the overall success of your plan. Toward that end, a Carmel estate planning attorney at Frank & Kraft explains what you can do to help your estate … [Read more...] about What Can I Do to Help My Estate Planning Attorney?

5 Important Steps to Take after an Alzheimer’s Diagnosis

May 19, 2022Incapacity Planning

Indianapolis elder law attorneys

Unfortunately, the odds are favorable that you, or someone close to you, will be diagnosed with Alzheimer’s disease at some point during your lifetime. Accepting, and adjusting to, the diagnosis takes time. Even knowing it is likely, you cannot prepare for the psychological impact of an Alzheimer’s diagnosis. There are, however, some steps you can take following the diagnosis that will help everyone involved to manage the reality of life with Alzheimer’s. With that in mind, the experienced … [Read more...] about 5 Important Steps to Take after an Alzheimer’s Diagnosis

Should I Discuss My Estate Plan with My Family?

May 3, 2022Estate Planning

Indianapolis estate planning attorneys

If you have an estate plan in place, you already recognize the numerous benefits an estate plan offers. Once your plan is in place, however, you may struggle with deciding how much (if any) of the details of that plan to share with beneficiaries and heirs of your estate. Ultimately, it is a very personal decision; however, the Indianapolis estate planning attorneys at Frank & Kraft discuss the advantages and disadvantages of discussing your estate plan with your family. Advantages of … [Read more...] about Should I Discuss My Estate Plan with My Family?

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