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January 22, 2013
Filed under: Estate Administration,Estate Planning,Estate Taxes and Lifetime Gifts,Financial Planning,Living Trust,Living Will,Long Term Care — Tags: "Asset Protection", "Bloomfield Hills", "Christopher Berry", "Divorce", "Estate Planning Attorney", "Estate Planning", "Estate-Planning Tools", "Long term care", "Macomb County Estate Planning Attorney", "Marc Wander", "Michael P. Witzke", "Michigan Estate Planning Attorney", "Michigan Estate Planning Lawyer Blog", "Michigan Estate Planning Lawyer", "Oakland County Estate Planning Attorney", "Oakland County Estate Planning Lawyer", "Wayne County Estate Planning Attorney", "Witzke Berry Carter & Wander" — Christopher J. Berry @ 9:14 pm
Estate planning often has a more dramatic effect on women due elongated life expectancy and the tendency to marry older spouses. As a result, they are three times more likely to be widowed at 65, than men. Estate planning is an imperative component in retirement planning, and with a greater probability of surviving their spouses, women often have the final word about how much wealth goes to family, charity or the taxman.
(Read more: Women and Estate Planning: Part 1)
5. Spouses Get Special Tax Breaks
Under the “unlimited marital deduction” assets inherited or received as gifts from a spouse are not taxed. Starting in 2011, portability allows a surviving spouse to add any unused estate tax exclusion of the recently deceased spouse to her own exclusion. A widow can pass on up to $10.24 million, untaxed, through either lifetime gifts or her will. If your spouse is not a U.S. citizen, the marital deduction is more limited and portability does not apply.
6. Tax Planning For Widows Is More Difficult
The primary goal, for most married couples, is to leave each other provided for financially. Upon death of the first spouse, tax saving strategies are more imperative considering the unlimited marital deduction no longer applies. However, there are a number of simple ways to save taxes while achieving other goals, like subsidizing family members who are less fortunate, educating children and grandchildren and preserving retirement assets.
(Read more: Estate Tax On the Rise, Don’t Panic, Plan)
7. Do Not Own Your Insurance
Because proceeds could be subject to estate tax, you will likely give away money to the government if you die owning a policy on your life. One way to avoid that outcome is to designate the family member who will receive the proceeds as the owner of the policy. Another is to establish an irrevocable life insurance trust. Traditionally, the ILIT buys the policy and, when you die, holds the proceeds for whomever you have named as beneficiaries.
8. Beneficiary Forms Are Key
Retirement accounts are distributed according to beneficiary designation forms filed with the bank or financial institution holding your account. You can readily name any beneficiaries you desire with an IRA, including friends, family members, a charity or a trust. For a 401(k) or other workforce plan, you must acquire or spouse’s written consent to leave it to anyone else. You must filed an amended form to change a beneficiary, if you get divorced for example.
(Read more: 8 Life Stages of Estate Planning: Part 1)
9. Cash Is King
Couples who commingle money must ensure there is sufficient funds to cover immediate expenses if one of them suddenly dies. Said funds can be held in each of your separate accounts or in a joint individual account right away.
Read more: http://www.forbes.com/pictures/efik45ehjjg/estate-planning-is-a-womens-issue-2/
Mr. Witzke practices in the areas of estate and gift tax planning, financial planning, retirement planning, LGBT civil rights, charitable giving, elder law, and small business planning. He focuses on helping clients grow, protect, and transfer wealth efficiently. Mr. Witzke is a past president and board member of the Financial Planning Association of Michigan, a member of the board of directors for Leadership Oakland, and a member of the planned giving advisory committees of Wayne State University and the Community House in Birmingham. Follow Mr. Witzke on Twitter @gr8estatelawyer.
Filed under: Estate Planning — Tags: "Asset Protection", "Bloomfield Hills", "Durable Power of Attorney", "Estate Planning", "Living Trust", "Macomb County Estate Planning Attorney", "Michael P. Witzke", "Michigan Estate Planning Attorney", "Michigan Estate Planning Lawyer Blog", "Michigan Estate Planning Lawyer", "Oakland County Estate Planning Attorney", "Oakland County Estate Planning Lawyer", "Trusts", "Wayne County Estate Planning Attorney", "Will", "Witzke Berry Carter & Wander", "Women", estate administration — Christopher J. Berry @ 8:15 pm
Estate planning often has a more dramatic effect on women due to elongated life expectancy and the tendency to marry older spouses. As a result, they are three times more likely to be widowed at 65 than men. Estate planning is an imperative component in retirement planning, and with a greater probability of surviving their spouses, women often have the final word about how much wealth goes to family, charity or the taxman.
(Read more: The New Age Of Estate Planning)
1. Caring For Yourself Is Priority No. 1
Appointing a trusted individual to act on your behalf in financial and legal matters is an integral part of estate planning in the event you are unable (even temporarily) to do so because of illness or disability. This person is a “durable power of attorney”, separate from a living will, which expresses your end-of-life care preferences, and a health care proxy which authorizes someone to make medical decisions for your.
2. Everyone Has An Estate
An estate plan is not reserved for only the wealthy. An estate is everything you own upon death: your home, personal property, investments, bank accounts, retirement plans and any interests in a family business or partnership. Without a will or living trust to indicate who should receive those assets, state law will make the decisions for you.
(Read more: “Pound Foolish” Author Warns Americans From Taking Foolish Financial Advice)
3. A Will and Living Trust Are Not The Same
While each can be used to transfer assets upon death, unique uses apply to both. A living trust can take effect during life or at death and may also hold assets for your benefit while you are alive — in the instance of dementia, for example. A will doesn’t not take effect until death and is used to name guardians for children who are minors, creates trusts that begin after death and cover assets that you haven’t included in a living trust.
(Read more: Living Together and Property Agreements)
4. Trusts Are Not Only For the Rich
A trust is often the best way to reach your goals. It can safeguard assets in the event you are no longer able to manage your affairs, provide for children from a previous marriage, hold money for minors, and prevent funds from being eroded by spendthrift family members. Furthermore, a trust can protect assets from creditors and former spouses.
Read more: http://www.forbes.com/pictures/efik45ehjjg/estate-planning-is-a-womens-issue-2/
Mr. Witzke practices in the areas of estate and gift tax planning, financial planning, retirement planning, LGBT civil rights, charitable giving, elder law, and small business planning. He focuses on helping clients grow, protect, and transfer wealth efficiently. Mr. Witzke is a past president and board member of the Financial Planning Association of Michigan, a member of the board of directors for Leadership Oakland, and a member of the planned giving advisory committees of Wayne State University and the Community House in Birmingham. Follow Mr. Witzke on Twitter @gr8estatelawyer.
January 16, 2013
Filed under: Business Planning,Estate Planning,Estate Taxes and Lifetime Gifts,Federal Estate Tax — Tags: "American Tax Payer Relief Act", "Asset Protection", "Bloomfield Hills", "Christopher Berry", "Estate Planning Attorney", "Estate Planning Lawyer", "Fiscal Cliff Deal", "Macomb County Estate Planning Attorney", "Marc Wander", "Michael P. Witzke", "Michigan Estate Planning Lawyer Blog", "Oakland County Estate Planning Attorney", "Oakland County Estate Planning Lawyer", "Wayne County Estate Planning Attorney", "Witzke Berry Carter & Wander" — Christopher J. Berry @ 4:02 pm
Estate planning lawyers worked themselves ragged to close out 2012 in preparation for the approaching fiscal cliff. Lawyers worked overtime during the holiday season to set up trusts and fund them with gifts that made maximum use of what was then the $5.12 million per person tax-free amount.
(Read more: “Pound Foolish” Author Warns Americans From Taking Foolish Financial Advice)
But in less than three pages in the 157-page law, Congress passed the American Taxpayer Relief Act of 2012 or ATRA, and put to rest the looming uncertainty that had haunted wealthy taxpayers for the past 12 years. As it came to pass, ATRA did not adjust the amount you can pass tax-free during life or at death. On Jan. 11 the IRS announced that with the inflation adjustment, that amount will be $5.25 million in 2013 ($10.50 million for married couples).
(Read more: Living Together and Property Agreements)
With fewer people worrying about estate tax, lawyers are uncertain what their next career move will be. Clients are calling to ask if they did the right thing, expressing concern about whether they will have enough for themselves down the road and whether they gave too much away. Other residual work for lawyers in 2013 will include preparing gift tax returns for 2012 gifts, which are due on April 15.
(Read more: Saying ‘I Do’ to a Prenup)
Gift tax audits will begin in 2014, while the IRS challenges some of the cute text tricks used to leverage or pack even more into the lifetime exemption amount. But looking ahead, there is less work to be done. Some firms plan to engage in strategic planning, while others look for growth in the field of elder law, dealing with asset transfer and the quality of life as people age.
Read more: http://www.forbes.com/sites/deborahljacobs/2013/01/15/morphing-into-the-new-age-of-estate-planning/?goback=.gde_1701677_member_204612620
Mr. Witzke practices in the areas of estate and gift tax planning, financial planning, retirement planning, LGBT civil rights, charitable giving, elder law, and small business planning. He focuses on helping clients grow, protect, and transfer wealth efficiently. Mr. Witzke is a past president and board member of the Financial Planning Association of Michigan, a member of the board of directors for Leadership Oakland, and a member of the planned giving advisory committees of Wayne State University and the Community House in Birmingham. Follow Mr. Witzke on Twitter @gr8estatelawyer.
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