There are a number of decisions to be reached when planning for your estate and not least among them is the choice of executor. A poor choice of an executor, or a disconnection between executor, estate, and beneficiaries can hobble even the best laid of estate plans. Indeed, Reuters offers one unfortunate beneficiary’s troubles in a recent article on the topic and offers some solid suggestions to consider. The beneficiary was Stephanie Stephens, who, in the end, was surprised to find that the estate she received had shrunk by $129,000, something she angrily blames on the executor. Apparently, the estate…
But the provisions in the Act are due to expire on the last day of 2012. It is unclear whether any provision will be extended into 2013 and beyond, so it is important to take advantage of the generous exemption while we are certain of its availability. If you own private business interests or other rapidly appreciating assets, and would like to gift those to the next generation at the lowest possible tax cost, you may want to act sooner rather than later. The Tax Relief Act of 2010 included a 400 percent increase in the lifetime gift tax exemption,…
Over the next quarter century, the number of older Americans is projected to grow from 12 percent to 20 percent of the total population, and various estimates indicate that lesbian, gay, bisexual, and transgendered individuals will comprise 7–10 percent of that older population. By the year 2030, the LGBT community age 65 and above is expected to almost double, from 2.5 million to as many as 4.7 million. In honor of Gay and Lesbian Pride Month, AARP has launched a new portal within their website dedicated to LGBT elders. The portal is designed to accommodate and offer advice on the…
Marriage is a tricky institution, enough so to feed a thriving business for therapists and prime-time sitcoms alike. Re-marriage can be even trickier, especially when it comes to your estate planning. If you are considering re-marriage, you may be well advised to also consider a prenuptial agreement. Though it may not seem the most romantic gesture, a prenuptial agreement is simply an honest disclosure of both parties’ assets and agreement as to their distribution should the union dissolve, or at the death of either spouse. Enter re-marriage without one at your own risk – or that of your estate. Without…
Do you own a vacation home in Mexico? Have a bank account in Hong Kong? Has your spouse retained Canadian citizenship? Are you a long-term U.S. resident who was born in the U.K.? Is your brother-in-law, who is a citizen and resident of Ireland, the successor trustee of your revocable trust? Each of these scenarios raises complex tax issues that, without proper planning, could easily have disastrous and costly consequences. The fact is that we live in a globalized world: technology and commerce allow us to move about as we please, even across several continents. But remember that technology…
"This is a role that potentially has unlimited liability.” — Adam von Poblitz, head of Estate Planning at Citi Private Bank Have you been named the trustee for a close friend or family member? Did you feel honored when they asked? Well, it’s okay to feel honored, as the request does show a high level of trust and respect from your friend or family member. But think twice before accepting this “honor,” especially if there are no professionals on board as co-trustees. Trustees take on a lot of legal risk, especially for any mistakes they make, and there…
“… you need to talk about this, and not whisper about it. It isn't going to go away, and we're all going to die someday.” This article offers a strong case for the need to plan for one’s death for reasons that are legal, economic, and most importantly, emotional. The article uses the example of Margie Jenkins, a psychotherapist turned author and professional speaker on end-of-life planning. Jenkins offers a list of legal and economic measures to put in place, as well as less obvious ideas. “We plan for weddings, we plan for the birth of a baby, we plan…
In this article, Forbes’s Deborah L. Jacobs offers an expansive look into the unique position of women in estate law, especially given current developments as of last December, and the unique necessity for women to practice proper estate planning. Among Americans 65 and older, 42 percent of women, but just 14 percent of men are widowed. Women’s longer life expectancy, combined with their tendency to marry older mates and their lower lifetime earnings means they are far more likely to see their living standards compromised in retirement if proper estate planning isn’t done. The article includes a gallery of the…
Unmarried couples are a growing part of our population, and with them the growing controversy over their legal rights as couples. If the government doesn't recognize a relationship, taxes, estate planning, buying property, and dividing assets after a breakup all get messier—and pricier. And, as Bloomberg Businessweek recently pointed out, the number of unmarried cohabiting couples has surged, meaning millions more Americans, gay and straight, are facing these issues. The U.S. Census Bureau estimates 7.5 million heterosexual couples and 620,000 same-sex couples lived together in 2010, compared with 6.7 million heterosexual couples and 476,000 same-sex couples in 2009. The lack…
There is an unfortunate myth that some people still believe about estate planning. Some people think that with the federal estate tax exemption at $5 million for a single person and $10 million for a married couple, they are “out of the woods” in terms of federal estate taxes and so do not need an estate plan. That is a myth. Even if you don’t have estate taxes to worry about (now), you could have plenty of estate issues to deal with – especially if you are part of a Blended Family. The Chicago Tribune recently highlighted just a few…
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