Filed under: Estate Planning,Special Needs Planning — Christopher J. Berry @ 4:17 pm
Long-term goals have been laid out by State health officials designed to improve access to services for the estimated 50,000 people living with autism spectrum disorders in Michigan, including more early screening and the creation of a state resource center to assist families.
(Related: 5 Tax Deductions & Credits For Special Needs Families)
The Autism Spectrum Disorders State Plan unveiled by the Michigan Department of Community Health and Autism Council revealed gaps in the availability of services and makes recommendations for how to improve the lives of adults and children with autism spectrum disorders. Included in the group of developmental brain disorders is autism, Asperger syndrome and Rett syndrome.
(Related: MSU Study Indicates Link Between Autism, Larger Brain Ventricles)
Father to a daughter with autism, Lt. Gov. Brian Calley said the overall goal is that eventually, “Michigan will be the place to be if you’re a family that is living with an autism spectrum disorder.”
The plan calls for increased early screening for autism spectrum disorders by primary care providers to enable those needing treatment to get it sooner. According to the report, a number of primary care providers are not aware of the early signs of autism spectrum disorders. As a result, the report calls for increased and improved training of primary care providers to help them identify symptoms that could point to a disorder.
Amy Matthews, vice-chair of the Autism Council, said the number of children diagnosed with autism is continuing to rise dramatically. According to the report, one in every 88 children is affected by an autism spectrum disorder today.
(Related: Not all Therapists are Created Equal)
According to the report, more than 45 percent of parents with children ages 13 to 25 said they needed better access to things like higher education and employment services to help their child transition to adulthood. Creating a state resource center where adults living with autism and their families could get information and be connected to available services would go great lengths to alleviate this need.
The plan will be implemented by the Autism Council, a group within the MDCH. The department did not lay out a timeline for when the plan will be put in place. Last year, Calley signed a bill mandating that insurance companies provide coverage for autism treatment for children. Starting in October, insurers have been able to be reimbursed through a $15 million autism coverage incentive fund.
Read more: http://www.detroitnews.com/article/20130318/POLITICS02/303180377/Michigan-release-plan-autism-services?odyssey=mod%7Cnewswell%7Ctext%7CFRONTPAGE%7Cp
Marc H. Wander is a partner of the Bloomfield Hills law firm of Witzke, Berry, Carter &Wander, PLLC. Marc has been licensed to practice law in Michigan since 1992. Marc’s practice is devoted to estate planning and business succession planning. Marc is a member of the Probate and Estate Planning Section of the State Bar of Michigan and is a prior Chairperson of the Oakland County Bar Association Tax Committee. He is a frequent continuing education speaker to insurance agents, financial advisors, CPA’s and financial industry organizations. He has also been heard on WJR Radio. Follow Marc on Twitter @MarcWander
Filed under: Estate Planning — Tags: "Bloomfield Hills Estate Planning Attorney", "Bloomfield Hills Estate Planning Lawyer", "Macomb County Estate Planning Attorney", "Macomb County Estate Planning Lawyer", "Marriage and Estate Planning", "Michael Witzke", "Michigan Estate Planning Attorney", "Michigan Estate Planning Lawyer", "Oakland County Estate Planning Attorney", "Oakland County Estate Planning Lawyer", "Wayne County Estate Planning Attorney", "Wayne County Estate Planning Lawyer", "Witzke Berry Carter & Wander" — Christopher J. Berry @ 12:12 pm
Filed under: Estate Planning — Tags: "Bloomfield Hills Estate Planning Attorney", "Bloomfield Hills Estate Planning Lawyer", "Macomb County Estate Planning Attorney", "Macomb County Estate Planning Lawyer", "Marriage and Estate Planning", "Michael Witzke", "Michigan Estate Planning Attorney", "Michigan Estate Planning Lawyer", "Oakland County Estate Planning Attorney", "Oakland County Estate Planning Lawyer", "Wayne County Estate Planning Attorney", "Wayne County Estate Planning Lawyer", "Witzke Berry Carter & Wander" — Christopher J. Berry @ 4:24 am
Filed under: Estate Planning — Tags: "Bloomfield Hills Estate Planning Attorney", "Bloomfield Hills Estate Planning Lawyer", "Macomb County Estate Planning Attorney", "Macomb County Estate Planning Lawyer", "Marriage and Estate Planning", "Michael Witzke", "Michigan Estate Planning Attorney", "Michigan Estate Planning Lawyer", "Oakland County Estate Planning Attorney", "Oakland County Estate Planning Lawyer", "Wayne County Estate Planning Attorney", "Wayne County Estate Planning Lawyer", "Witzke Berry Carter & Wander" — Christopher J. Berry @ 10:26 pm
In states where the law permits, top-earning gay married couples may soon be paying more in income taxes as the U.S. Supreme Court considers the legality of same-sex unions.
Currently, couples’ finances are frequently complicated by the division between federal and state law: They’re able to handle their finances and tax-filing jointly under their state’s law while the federal government — which doesn’t recognize the marriages — treats them as though they are single.
Income Trusts
On the flip-side, gay couples would lose the ability to pass assets via grantor retained income trusts, or GRITs, if the Supreme Court overturns the defense-of-marriage law, said Oliveri of White & Case.
(Related: 5 Tax Deductions & Credits For Special Needs Families)
In 1990 Congress barred the use of HRITs for immediate family members as a result of people using them to discount assets and reduce gift taxes owed. Gay couples have been able to take advantage of the trusts because they aren’t considered related under federal law.
Same-sex couples also would lose a planning technique for stock sales if the federal law changes. Gay partners currently can sell shares to their spouse, recognize a loss to offset gains and keep the security in the family. Opposite-sex couples must sell in the market and then wait 30 days before buying back the same stock because they are related, per the Internal Revenue Service rules.
(Read more: Who Owns Your Facebook Pages When You Die?)
Market Involvement
Same-sex couples would have more options for their retirement savings upon a partner’s death if the federal law is overturned. The survivor would be able to roll over the deceased spouse’s individual retirement account into their own. Currently the so-called spousal rollover for IRAs is not available to same-sex married couples.
A surviving spouse doesn’t have to start taking money out until he or she turns 70.5. Depending on how old you are that could mean tremendous benefit.
Worker Benefits
Same-sex couples in states that permit marriage would be entitled to joint-and-survivor annuity payments necessart for spouses with pension plans if the law is overturned. They would automatically become each other’s beneficiaries on 401(k) accounts unless giving consent for someone else to be listed.
Health-insurance costs would also change for gay couples. They currently can’t receive the tax advtanges of being married for employer-provided medical benefits. They will be able to add their partner to their company’s plan, however, payments for their spouse must be made on an after-tax basis. The employer contribution is also treated as taxable income.
(Read more: Women and Estate Planning: Part 1)
More consistency for sae-sex married couples is a likely result around health-care decisions, in addition to parenting rights and immigration rules if the law is overruled. Futhermore, it would be easier for same-sex married couples to title properties jointly and transfer assets in a divorce settlement without triggering taxes.
Same-sex couples who are legally married in their state will be sibject to the pros and cons of hundreds of laws in the event that the defense-of-marriage is overturned.
Read more: http://www.bloomberg.com/news/2013-03-04/wealthy-gay-couples-seen-paying-more-if-unions-legalized.html
Marc H. Wander is a partner of the Bloomfield Hills law firm of Witzke, Berry, Carter &Wander, PLLC. Marc has been licensed to practice law in Michigan since 1992. Marc’s practice is devoted to estate planning and business succession planning. Marc is a member of the Probate and Estate Planning Section of the State Bar of Michigan and is a prior Chairperson of the Oakland County Bar Association Tax Committee. He is a frequent continuing education speaker to insurance agents, financial advisors, CPA’s and financial industry organizations. He has also been heard on WJR Radio. Follow Marc on Twitter @MarcWander
Filed under: Estate Administration,Estate Planning — Tags: "Bloomfield Hills Estate Planning Attorney", "Bloomfield Hills Estate Planning Lawyer", "Macomb County Estate Planning Attorney", "Macomb County Estate Planning Lawyer", "Marriage and Estate Planning", "Michael Witzke", "Michigan Estate Planning Attorney", "Michigan Estate Planning Lawyer", "Oakland County Estate Planning Attorney", "Oakland County Estate Planning Lawyer", "Wayne County Estate Planning Attorney", "Wayne County Estate Planning Lawyer", "Witzke Berry Carter & Wander" — Christopher J. Berry @ 9:14 pm
In states where the law permits, top-earning gay married couples may soon be paying more in income taxes as the U.S. Supreme Court considers the legality of same-sex unions.
Currently, couples’ finances are frequently complicated by the division between federal and state law: They’re able to handle their finances and tax-filing jointly under their state’s law while the federal government — which doesn’t recognize the marriages — treats them as though they are single.
(Related: 5 Tax Deductions & Credits For Special Needs Families)
The ruling could mean thousands of dollars in higher income taxes for gay couples where both earners are making salaries of $400,000 a year or more, if the court accepts the legality of these unions. High-earning couples already face added costs when they file their taxes, share employee benefits such a health insurance and transfer assets.
The Supreme Court will consider gay marriage for the first time this month in two cases. The first, a dispute over a California ballot measure banning the practice. The second, a challenge to a 1996 federal law called the Defense of Marriage Act, which defines marriage as solely a union between a man and a woman. A ruling is expected to be reached by the court in June.
(Read more: Who Owns Your Facebook Pages When You Die?)
Estates, Benefits
While the rulings may not legalize gay marriage nationally, meaning that same-sex married couples who move to states that don’t recognize their union would still face challenges with their finances, estates, employee benefits and other rights.
More than 1,000 federal rights and benefits involve marital status. Some couples would be hurt, but most would see some advantages in other parts of their personal finances. Wealthy gay married couples would be able to delay estate taxes if their unions were legalized. But still, there are downfalls to being married from a federal tax standpoint.
(Read more: Women and Estate Planning: Part 1)
A primary disadvantage for high-earning couples on the income-tax side is the marriage penalty. As it stands, two partners each earning $400,000 a year in taxable income don’t pay the top rate of 39.6 percent, which starts at income above that amount for singles and at $450,000 for married couples.
‘Kind of Brutal’
In the event the federal law is overturned and the same-sex spouses file jointly, their combined income is $800,000 of which $350,000 would be subject to the highest federal rate.
Legally married gay couples will endure both pluses and minuses if the Supreme Court finds the act, known as DOMA, unconstitutional and have to plan for them.
“The biggest impact for DOMA being repealed especially for wealthy same-sex couples is the availability of the federal estate-tax marital deduction,” said Lisa Siegel, senior wealth planner at Wells Fargo & Co. (WFC)’s private bank unit. “That completely changes estate planning for same-sex couples.”
Same-sex spouses aren’t treated as married for federal tax purposes, which means when one spouse dies their assets don’t transfer to the survivor free of estate taxes.
Surviving Spouse
The effect of the marital deduction for heterosexual married couples is to defer federal estate taxes owed until the death of the surviving spouse.
For older couples with significant wealth, it will make a lot of sense — from a tax perspective — to get married if the federal law is overturned, especially if one spouse has a lot more wealth than the other.
Same-sex married couples would be able to use a variety of marital trusts and benefit from so-called portability rules under federal estate-and-gift-tax laws. This provision enables a widow or widower to retain the unused portion of a deceased spouse’s lifetime exclusion from estate and gift taxes. In 2013 that amount is $5.25 million for individuals or $10.5 million for married households.
Marc H. Wander is a partner of the Bloomfield Hills law firm of Witzke, Berry, Carter &Wander, PLLC. Marc has been licensed to practice law in Michigan since 1992. Marc’s practice is devoted to estate planning and business succession planning. Marc is a member of the Probate and Estate Planning Section of the State Bar of Michigan and is a prior Chairperson of the Oakland County Bar Association Tax Committee. He is a frequent continuing education speaker to insurance agents, financial advisors, CPA’s and financial industry organizations. He has also been heard on WJR Radio. Follow Marc on Twitter @MarcWander
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March 27, 2013
Filed under: Estate Taxes and Lifetime Gifts,Federal Estate Tax — Tags: "Bloomfield Hills Estate Planning Attorney", "Bloomfield Hills Estate Planning Lawyer", "CPAs", "Form 709", "Gift Taxes", "Macomb County Estate Planning Attorney", "Macomb County Estate Planning Lawyer", "Marriage and Estate Planning", "Michael Witzke", "Michigan Estate Planning Attorney", "Michigan Estate Planning Lawyer", "Oakland County Estate Planning Attorney", "Oakland County Estate Planning Lawyer", "Wayne County Estate Planning Attorney", "Wayne County Estate Planning Lawyer", "Witzke Berry Carter & Wander" — Christopher J. Berry @ 7:25 pm
Taxpayers who gifted substantial assets to family members last year could be in for bitter surprise this tax season: potential errors on federal gift-tax returns that may cost donors taxes on gifts that they thought were tax-free.
(Related: Brooklyn Court Dumps Marriage Contract In Unprecedented Action)
Many taxpayers rushed to give during the last months of 2012, afraid that Congress would scale back the $5.12 million gift-tax exemption to $1 million at year-end — and raise the tax rate on gifts exceeding that limit to 55% from 35%. But in the end, lawmakers decided to leave the exemption intact, and raised the rate only five percentage points, to 40%.
Adding to the problem, Form 709, the gift-tax return, is a potential trap for accountants, particularly when the taxpayer gave something other than securities or put the gift into a trust, common in 2012. Form 709 applies to gifts exceeding $13,000 in 2012. Filing incorrectly can result in a weighty tax bill for an individual who expected to pay no tax on a gift at all. Also, an error can saddle heirs with a surprise bill even decades after someone made them the gift.
(Related: Basic Estate Planning 101: What You Need to Know)
Unfortunately few accountants have experience with more complicated reporting on a gift-tax return. Most only know how to report smaller, annual gifts. But gifts of real estate or business interests — which were common last year — or anything besides stocks and bonds, are another story.
Graduate accounting programs used to train accountants to report more-complicated gift transactions, but some no longer do. Many professionals falter on Form 709, which requires an advanced knowledge of rules for two separate taxes: the gift tax and the “generation-skipping tax,” which imposes levies that wouldn’t otherwise be incurred when families leave assets to heirs who are a generation younger or more. Estate planners consider the generation-skipping tax to be exceptionally complicated.
(Related: Marriage and estate planning: How it affects you)
Many experts recommend that taxpayers have a lawyer review, if not prepare, the gift-tax return. The 709 is unique and many CPAs seem happy to have someone else do it.
Read more: http://online.wsj.com/article_email/SB10001424127887324373204578374792220436214-lMyQjAxMTAzMDIwMzEyNDMyWj.html?mod=wsj_valettop_email&goback=.gde_158792_member_225687483
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: Asset Protection,Estate Administration,Prenuptial Agreements — Tags: "Bloomfield Hills Estate Planning Attorney", "Bloomfield Hills Estate Planning Lawyer", "Brooklyn Court", "Macomb County Estate Planning Attorney", "Macomb County Estate Planning Lawyer", "Marriage and Estate Planning", "Michael Witzke", "Michigan Estate Planning Attorney", "Michigan Estate Planning Lawyer", "Oakland County Estate Planning Attorney", "Oakland County Estate Planning Lawyer", "Prenup Trashed", "Prenuptial Agreement", "Wayne County Estate Planning Attorney", "Wayne County Estate Planning Lawyer", "Witzke Berry Carter & Wander" — Christopher J. Berry @ 5:20 pm
An unprecedented action has a Brooklyn court warning you how you get your future spouse to sign a prenuptial agreement. The Brooklyn Appellate Court panel unanimously ruled to throw out a prenuptial agreement between a multimillionaire and his wife on the grounds that the agreement was fraudulently induced. Even the most seasoned Brooklyn matrimonial lawyers were shocked by the move.
Prenuptial agreements are cynically described as “weapons” that a spouse may utilize in a contested divorce proceeding. A prenuptial agreement is a written contract created prior to marriage. It generally outlines all of the property each person owns and specifies what each person’s property rights will be in the event the marriage dissolves.
(Related: Basic Estate Planning 101: What You Need to Know)
The 1998 marriage between Elizabeth and Peter Petrakis had all the ingredients of a fairytale Peter earned his money in smoke shops and real estate to the tune of $20 million.
After a few years of marriage, the couple called it quits. There was an obstacle in the contested divorce: Elizabeth signed a prenup that enabled Peter to keep everything that is in his name in the event of a divorce.
For years, Elizabeth claimed that she was coerced into signing the prenup arguing that her soon-t0-be husband threatened to call off the wedding if she did not sign.
(Related: Estate Planning For Your Digital Assets)
“He told me he would rip it up as soon as we had kids,” Elizabeth told the New York Post. Three children later, the prenup was still intact.
Siding with Elizabeth’s contention that she was coerced into signing the prenup, the court found Peter “credibility to be suspect,” and thus invalidated the prenup.
“I’m utterly surprised. I’m actually quite shocked,” Brooklyn attorney Peter C. Lomtevas said of the ruling. For many matrimonial attorneys, it is rare that they face an invalidated prenup.
“Prenups aren’t vacated all that often,” said attorney Louis Sternberg. “This is a very new approach. Prenups are supposed to be hard to overturn.”
Not all attorneys are convinced that the ruling was that surprising.
“There are very fact specific reasons why a prenuptial agreement would be overturned,” advised attorney Steven D. Cohn. “One factor being if the agreement was signed as a result of force or duress.”
(Related: Study reveals more middle-aged adults care for kids and aging parents)
Divorce attorney Jennifer Garcia agreed. “What [Ms. Petrakis] argued is that there was some kind of undue influence,” Garcia elucidated. “She signed the prenup four days before the wedding. That is too close to the date of the marriage, and that is why the prenup was thrown out.”
As a result, attorneys will be modifying their strategy when advising couples pre-marriage.
“If we see this sort of thing continuing then attorneys will certainly start putting extra precautions into prenuptial agreements,” said Alexander Yakov Tsiring, Esq.
Lomtevas offered a word of caution to attorneys and their clients: “If a prenup no longer protects you, what do you do with your money?”
Read more: http://www.brooklyneagle.com/articles/prenup-trashed-brooklyn-court-dumps-marriage-contract-unprecedented-action-2013-03-11
Marc H. Wander is a partner of the Bloomfield Hills law firm of Witzke, Berry, Carter &Wander, PLLC. Marc has been licensed to practice law in Michigan since 1992. Marc’s practice is devoted to estate planning and business succession planning. Marc is a member of the Probate and Estate Planning Section of the State Bar of Michigan and is a prior Chairperson of the Oakland County Bar Association Tax Committee. He is a frequent continuing education speaker to insurance agents, financial advisors, CPA’s and financial industry organizations. He has also been heard on WJR Radio. Follow Marc on Twitter @MarcWander
March 20, 2013
Filed under: Estate Planning — Tags: "Bloomfield Hills Estate Planning Attorney", "Bloomfield Hills Estate Planning Lawyer", "Karmanos", "Macomb County Estate Planning Attorney", "Macomb County Estate Planning Lawyer", "Marriage and Estate Planning", "Michael Witzke", "Michigan Estate Planning Attorney", "Michigan Estate Planning Lawyer", "Oakland County Estate Planning Attorney", "Oakland County Estate Planning Lawyer", "Watch", "Wayne County Estate Planning Attorney", "Wayne County Estate Planning Lawyer", "Witzke Berry Carter & Wander", "YouTube" — Christopher J. Berry @ 6:46 pm
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