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Articles Posted in Estate Planning

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GENERATION SKIPPING TRANSFER TAX

CLOSING PERCEIVED LOOPHOLE Congress created the generation skipping tax almost 40 years ago in 1976 and ushered in an age of increasing complexity for the tax code, always complicated and cumbersome, to fix a problem perceived at the time (and since) of avoiding taxable events by transferring assets to “several…

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UNDERSTANDING HEALTH SAVINGS ACCOUNTS

GOOD FOR CERTAIN SUBSET OF POPULATION A health savings account is another way to save your money, tax free, for an inevitable expense that everyone will have to face and deal with eventually. Unfortunately one of the variables of retirement is that you will never know how much you will…

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NOT JUST ANOTHER CELEBRITY ESTATE

ROBIN WILLIAMS UNIQUE ESTATE PLANNING GENIUS This blog discussed some of the aspects of Robin Williams estate in the past. Mr. Williams will be remembered for a long time due to his many accomplishments, with a long, funny, inciteful and compassionate comedic wit. While it seems fairly certain that Mr.…

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INHERITING A ROTH IRA ACCOUNT

ROTH IRA ACCOUNTS ARE FUNDAMENTALLY DIFFERENT This blog explored the topic of inheriting an individual retirement account (IRA) in a previous blog. It is necessary to explore the topic of inheriting a Roth IRA, as a Roth IRA is fundamentally different from a traditional IRA. Some of the differences between…

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BACK TO THE BASICS – INHERITING AN IRA

STILL TAXABLE Death and taxes, the old saying goes, are the only two things in life that are guaranteed. Taxes unlike passing away, can at least be deferred, mitigated and reduced. If your total estate is less than $5.45 million (2016), it is logical to believe that an individual retirement…

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HOW TO WRAP UP THE AFFAIRS OF A SPECIAL NEEDS TRUST?

TRUST SETTLOR GIVES UP CONTROL When a settlor creates a trust, he/she passes title of the property or asset to the trust or gives cash money to the trust, wherein the trustee invests the money as a fiduciary or manages the asset or asset in issue for the best interest…

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UNDERSTANDING CELEBRITY BONDS

DAVID BOWIE BONDS         As the world learned, David Bowie passed away on January 10, 2016.  Mr. Bowie was always on the leading edge of creativity, an advocate for meaningful social change and a musical genius to boot.  He started his musical career at the same time as the Beatles,…

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FEDERAL COURT EXCEPTION TO PROBATE JURISDICTION

FEDERAL COURTS ARE COURTS OF LIMITED JURISDICTION There is little question that Federal Courts are courts of limited jurisdiction. If there is neither original jurisdiction, meaning a question of federal law or rights that arise as a result of federal legislation nor complete diversity of the parties, meaning that all of…

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PLANNING FOR MARRIED MEDICAID APPLICANT’S COMMUNITY SPOUSE – COMMUNITY SPOUSE INCOME

When a married person applies for Medicaid, the government looks at the collected, or, pooled, resources of the two to determine if one of the two spouses is eligible for Medicaid. If the combined income of the two spouses is above the income threshold set by law, the balance must…

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DISINHERITED HEIRS NOT ALWAYS A SURPRISE

It happens often enough that a parent for many reasons decides to disinherit one, several or all of his/her children.  At the same time, this is often not a controversial decision and is just as common both understandable and predicable.  Perhaps a person promised their estate to a specific child,…

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