I was talking to my friend the other day, and related the following quote from Steve Jobs: "Remembering that you are going to die is the best way I know to avoid the trap of thinking you have something to lose." I am fairly sure that had I not been an estate planning attorney, the quote would not have been all that intriguing to me, but I started to think about what this meant, and how it would apply in the context of estate planning. Much of estate planning has to do with figuring out what happens to your assets - your stuff - when you die. So, we are dealing with the stuff that you … [Read more...]
How To Legally Protect Your House & Cover Long Term Medical Costs
A few years ago, I heard a commercial on the radio exhorting people to use a Realtor to buy or sell their house. The commercial’s reasoning was that Realtors have a higher level of training and education. The commercial talked about how your house is often your most valuable asset, and that a Realtor could help you in protecting your house. Mostly, I think the commercial was about how to maximize the amount you get from selling your house, or, if you are buying a house, how to pay as little as possible. The commercial also touched on the concept that a Realtor has experience in buying or … [Read more...]
What You Need to Know About the SECURE Act
On December 20, 2019, the Setting Every Community Up for Retirement Enhancement Act (SECURE Act) changed the rules concerning retirement accounts. The SECURE Act became effective January 1, 2020. The Act is the most impactful legislation affecting retirement accounts in decades. The SECURE Act has several positive changes: It increases the required beginning date (RBD) for required minimum distributions (RMDs) from your individual retirement accounts from 70 ½ to 72 years of age, and it eliminates the age restriction for contributions to qualified retirement accounts. However, perhaps the most … [Read more...]
Are Trusts Taxed? [Answered]
I get asked the question above on an almost weekly basis. The short answer is that if you put your assets into a trust, you still get taxed. A trust is not a magical way to avoid all taxes on assets, despite persistent myths to the contrary. A trust can help to minimize taxes, but not eliminate taxes completely. The IRS publishes a list of the “Dirty Dozen” tax scams each year. These are easily identified ways that try to scam the tax system. This year’s list includes the following: “Abusive tax structures including trusts...are sometimes used to avoid paying taxes. The IRS is … [Read more...]
Asset Protection: The Difference Between Irrevocable Trusts and Revocable Trusts
A couple of weeks ago, I had a conversation with a financial planner who has referred business to me for several years. This financial planner told me we need to provide asset protections in a trust for a potential client he planned to refer to me, and referenced using a revocable trust. We have these types of conversations all the time, as we have a basic understanding and how to work together. This type of conversation went beyond the basics of estate planning, sort of like this blog post is a bit higher level than a basic discussion of estate planning - this is a more specialized … [Read more...]