The estate tax parameters we could expect for 2013 were hazy throughout last year. At the end of 2010 a piece of legislation called the Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act of 2010 was passed that implemented the rules for 2011 and 2012.
Due to provisions contained within this act the estate tax exclusion was $5 million at its base with annual adjustments for inflation. The estate tax, the gift tax, the generation-skipping transfer tax was set at a flat rate of 35%.
This tax relief act was scheduled to sunset at the end of 2012. Under laws that existed throughout the year the maximum rate would automatically go up to 55% while the exclusion went down to $1 million upon the expiration of this measure. This tax increase was one of the perils that we would have faced had the country gone "over the cliff."
Because of the agreement that was reached around the first of the year we avoided the cliff and the estate tax parameters are largely unchanged. We still have a $5 million base exclusion adjusted for inflation. The Internal Revenue Service has announced that adjustment, making the estate tax exclusion $5.25 million in 2013.
The top rate of the federal estate tax has been raised, but the increase is not anywhere near as severe as it could have been. In 2013 the rate has gone up from 35% to 40%, and once again this applies to the gift tax and the generation-skipping transfer tax as well.
Though things could have been worse 40% of your taxable legacy is a lot of money. It is however possible to implement tax efficiency strategies that will preserve your wealth.
As Reno estate planning attorneys we have a thorough understanding of tax laws, and we urge you to contact us to arrange for a consultation if you would like to tap into some professional expertise.
We can be reached by phone at 775-823-WILL (9455), or online at www.wealth-counselors.com.
A report was made available by the U.S. Census Bureau in 2010 stating that around 26% of minors under the age of 21 were living in single-parent households - an alarming statistic.
Everyone hopes to live a long and healthy life, and in fact the average lifespan at this time is 78 years. Of course, this is an average, not a guarantee. Everyday we read reports about young people dieing and leaving minor children behind.
We all recognize the fact that accidents take place every day that kill young people. Other young adults pass away as a result of catastrophic illnesses. It is just not going to happen to us, right?
When people who die at a young age leave behind minor children, it is seldom that they have taken the time or opportunity to properly provide for their welfare.
The children of single parents are vulnerable. All single parents absolutely must have an estate plan in place that names a guardian to care for the children.
We should also have sufficient life insurance to provide a financial underpinning for the children throughout their lives. To make sure that the funds are properly managed should this become necessary you could include a testamentary trust in your last will. You may want to consider a revocable living trust instead, so a court does not need to supervise the guardian with annual hearings.
To learn more about why estate planning is so important for the parents of dependent children please take a moment to download our free report and read it at your earliest convenience: Estate Planning for Parents of Young Children
There are certain responsibilities that you may not have addressed for one reason or another, and for many people estate planning is one of these.
When you are busy with your day-to-day life, time can get past you in a hurry, and some things are simply left undone.
Now that we are in a new year you may start to take stock of the things that you would like to accomplish during 2013. We would like to urge you to make estate planning a priority this year. If you have an estate plan, make this the year you have it reviewed and updated.
All adults should have an estate plan in place that includes a method to transfer assets, income replacement for the benefit of family members, and advance health care directives that would come into play in the event of a medical emergency.
Estate planning is not something that is only relevant for senior citizens. It is true that the average lifespan is 78 years, and many people live well beyond this average age.
There are, however, no guarantees for any of us. You may be a young adult with minor children in the home who are totally dependent on you. From that perspective it could be said that estate planning is as important for younger adults as it is for senior citizens who have grown children who are self-supporting.
It is quite simple to put an estate plan in place. All you have to do is contact us for a free estate planning consultation and we will do everything possible to assist you as you make preparations to ensure the security of those that you love.
People who use a last will for their estate plan should be aware of the process of probate and the role of the executor. Probate is a court supervised process to ensure that creditors of an estate are paid and to facilitate the distribution of an estate to the decedent's designated beneficiaries or heirs. During this legal process the court will determine the validity of the will, hear any challenges that may be presented and supervise the administration of the estate.
When you work with an estate planning lawyer to prepare your last will you must choose an executor or executrix. This individual will be charged with the various responsibilities that must be undertaken to administer your estate. The executor, or Personal Representative, should have an ability to manage the administration of assets. Also, the executor will require the assistance of a qualified probate attorney.
We have prepared a report that will serve as a good overview of this process. To access the report we ask you to simply click the link that follows and fill in the form so that you will see on the page:
An Executors Role & Responsibilities
When you utilize a living trust to plan your final wishes the distributions of your assets will take place outside the probate process. This process is often avoided because of three major factors: it is time-consuming, it can be expensive, and it is an open proceeding that provides a forum for those who may want to challenge your will.
A revocable living trust gives you the power to control the funds while you are still alive, and because the trust is indeed revocable you can make changes or dissolve it entirely if you want to at any time. Plus, you could cover all your bases by including an incapacity component that names a disability trustee who would manage your affairs in the event of your incapacity.
Executing the trust agreement is one thing, but you also must consider the hands-on tasks involved in on-going trust administration. We have put together a valuable free report that explains trust administration in detail. We urge you to arrange for the download information to be sent you right now. To obtain this report simply click this link and complete the form that you will see on the right of the page:
Nevada Trust Administration
After you read the report we invite you to contact us for a free consultation. You can do so by clicking this link: Reno Estate Planning Consultation
Your estate represents everything that you have worked for throughout your life. And, passing along your legacy to your loved ones will be your final act of giving to those that you care about the most.
This is a very profound act, and it is important to go forward in an informed and intelligent manner when you are making preparations for the inevitable.
It in not unusual for many to lack an understanding of estate planning techniques. Our firm has developed a series of special reports that we have prepared as part of our educational initiative. One of the reports that we are making available at the present time examines the probate process.
You may have heard the term "probate" without having a complete grasp on exactly what it is. If you download this report and take the time to review the information contained within it you will no longer look upon probate as a mystery. To obtain a copy of the report click this link and complete the form that you will see to the right of the page:
Nevada Probate Report
Once you gain an understanding of the probate process you will see why it is important to work with a good estate planning lawyer when you are establishing your estate plan. If you have questions, please contact us at (775) 823-9455 to set up a free consultation.
People who are fortunate enough to enjoy significant financial success are often in a position to create a charitable foundation. When you take this step you can leave behind a profound legacy as your name is associated with philanthropy into perpetuity.
The actor Larry Hagman died at the age of 81 recently, and he will certainly be missed. Though he played a rather unlikable character on the classic television series Dallas, people who knew him say that he was a very nice person who made the world around him a better place.
Individuals who have created artistic works of various kinds leave behind a legacy in the form of their work. Hagman certainly left behind a great deal of his own work, and people will be able to enjoy it for generations to come.
In addition to his legacy as a performing artist Hagman was also an avid philanthropist.
People who start foundations often target causes that are particularly meaningful to them. Hagman greatly valued the creative arts, and indeed, his ability to craft a character before the camera enabled him to enjoy extraordinary financial success.
He gave something back by starting the Larry Hagman Foundation. This foundation assists children in the Dallas-Fort Worth area who have an interest in the creative arts but lack financial support.
Admirers sometimes want to do something in remembrance of a public figure who has passed away. The family of Larry Hagman asks that you make a donation to the Larry Hagman Foundation if you want to pay your respects.
If you are interested in establishing or identifying a foundation that meets your charitable intent, be sure to contact qualified legal counsel to assist you. There are many legal and tax pitfalls that can be avoided with proper advice.
It is no secret that the gaming industry is very prominent here in the state of Nevada. Many families have been able to build wealth working within this industry, and it is a very important part of our state's economy.
However, far too many residents of our state are gambling with the future of their families.
Every day that you go without an estate plan, or with an estate plan that is not current, is a day during which you are rolling the dice.
Statistics tell us that almost no one under the age of 50 has all the appropriate estate planning documents in place. Even though the number having an estate plan in place is increased for those over age 50, the majority are still procrastinating. In addition, countless people who do have some type of estate plan in place have inadequate plans due to improper advice, changes in circumstances or changes in the law.
If you die without a last will or any other estate planning documents having been executed, the court will be in charge of deciding how your assets are distributed. This probate process could take a very long time, because the court will have to interpret the laws of "intestacy." These rules of succession may not be in line with how you would have wanted your assets divided among your family members.
Your family could also lose a great deal of money to the estate tax if you were to pass away without having taken any steps to gain tax efficiency.
Don't take risks; take action. Pick up the phone right now to set up a consultation with a licensed and experienced Washoe County estate planning attorney.
When you own a dog or a cat (or any other type of pet) as a senior citizen you gain a lot of benefits. The companionship that a pet can provide can be priceless to a person who may be experiencing a bit of loneliness. Pets provide hours of free entertainment, and they can help to keep you active as you endeavor to give your pet adequate exercise.
At the same time, you do have to concern yourself with the possibility of passing away while your pet is still alive. Many people wonder exactly how they should proceed to make sure that their pet is provided for, so we have prepared a report that answers your questions.
Our report is available to you for download absolutely free of charge. If you want to obtain answers to the questions you may have about pet planning simply click this link and complete the form:
Nevada Pet Trusts
Creating a pet trust for the benefit of your animal companion will give you peace of mind knowing that your friend will be cared for even after you are gone. There will be money set aside for your animal's care, and you can leave behind instructions with regard to exactly how you want the pet cared for after your passing.
If there is anything left over in the trust after the pet dies these funds would be inherited by a beneficiary that you name when you create the trust.
We encourage you to download the free pet planning report, learn about pet trusts, and ultimately take action for the well-being of your best friend on four legs.
Knowledge is power in every walk of life, and this certainly applies to the field of estate planning. When you learn all of the facts you understand why certain courses of action are necessary to preserve your wealth and optimize your financial position with the future in mind.
The above paragraph can seem like mere words on a computer screen. But in fact, individuals who do not understand all of the details often times make errors of commission or omission that are extremely costly.
Our firm is serious about spreading sound information throughout the greater Washoe County area. To this end we have developed a series of informative reports covering a number of different aspects of estate planning.
One of our reports looks at the entire process of estate planning from an overview. If you would like to download this valuable report take a moment to fill in the form that you will see off to the right after clicking this link:
Northern Nevada Estate Planning Report
This report will give you a solid foundation of information to work with going forward. It touches upon wills, trusts, advance directives, asset protection, estate tax efficiency strategies, small business succession and much more.
After reading the report you may be motivated to take action for the well-being of those that you love. If you would like to schedule a free, no obligation consultation get in touch through the contact page on our website or over the phone. We can be reached at (775) 823-WILL.
At Anderson, Dorn & Rader, we feel a responsibility to do everything possible to make accurate estate planning information available to members of the greater Reno-Sparks community.
Many people don't take action because they don't understand why action is necessary, or where to start. When you become apprised of the facts you are likely going to be motivated to take the appropriate steps for the well-being of those that you love.
There are many ways that we endeavor to make information available including the ongoing informative posts that we consistently offer here on our firm's blog.
We have also developed quite a library of informative estate planning reports that can be downloaded and read at your convenience. Currently we are offering access to our report on living trusts.
Should you be interested in downloading our free report (that is informational in nature rather than being promotional) simply click this link: Nevada Living Trust Report
A living trust can be a very attractive alternative to a last will as a primary vehicle of asset transfer. This is largely because of the fact that these transfers can take place directly between the trustee and the beneficiaries absent the need for probate court supervision.
This free report will provide you with all the details regarding the benefits of living trusts. There is no substitute for sound information coming from a truly reliable source, and we urge you to take advantage of this valuable educational opportunity.
We are available to provide you with information about our free educational Webinars that include a free consultation if you have further questions after you read the report. To register or get more information, simply give us a call at (775) 823-9455 or get in touch through the contact page on our website.
A lot of people procrastinate when it comes to estate planning, and in fact the majority of Americans have not executed all the appropriate estate planning documents.
This pattern of procrastination is not confined to single individuals who have no children. Many parents who have minor children do not have an estate plan in place either, and this is absolutely unwise.
To lend a hand and provide information we have created the K.I.S.S. the Kids program.This acronym stands for "Keep the Inheritance Safe and Secure for the Kids."
We want people to understand just how important it is to make sure that their minor children are provided for financially, while avoiding foster care or protective custody. Also, parents need to understand that children cannot consent to medical procedures. If you happen to be away when a child needs medical attention, who is legally authorized to give consent?
As young people, we tend to procrastinate with regard to estate planning is because we feel we will have plenty of time to execute an estate plan "later on." Unfortunately, later on arrives too soon for many families and their planning is not in place.
The stark reality is that people of all ages pass away every day, and when you go through life without an estate plan you are taking a major risk. Sadly, you will not be the person who pays the price if the unthinkable was to take place. It is the children that you will be leaving behind that would suffer the consequences.
We invite you to visit our webpage that is dedicated to the K.I.S.S. the Kids program. To get there simply click this link: Anderson, Dorn & Rader Present “K.I.S.S. the Kids”
Part of the estate planning process involves the execution of documents that direct the transfer of assets to your heirs after you pass away. Most people will use either a will or a trust to accomplish this.
Making sure that you have legally binding documents in place is absolutely essential. However, when you are working with an estate planning lawyer to draw up these documents you should consider the matter of postmortem planning as well.
A document can't get up off the desk and take action. The will or the trust is going to provide instructions, but you must also arrange for human beings to make your wishes become a reality after you pass away.
Individuals who express their wishes through the execution of a will must understand the fact that the estate will be passing through the probate process. Your family may not have any any idea how probate works. At least the executor that you chose should have some understanding of the probate process.
A wise course of action may be to make arrangements for the attorney who assists you as you are drawing up your will to act as the probate attorney after your death.
The same thing is true of trust administration. You should instruct your trustee to speak with your attorney about administering the trust upon your incapcity or death. This will help ensure that your fiduciaries will have the legal support that they need to carry out your estate plans for the benefit of your loved ones.
A couple of years ago a legislative measure was passed that has subsequently been named the Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act of 2010. This legislation re-unified gift/estate tax exclusions.
In 2011 the amount of the unified gift and estate tax exclusion was $5 million. This year the exclusion has risen to $5.12 million to account for inflation.
Throughout both 2011 and 2012 the maximum rate of the gift tax, the estate tax, and the generation-skipping transfer tax has been 35%.
As a result of the above, people who have resources that do not exceed $5.12 million have been more or less immune from taxes on such transfers to their loved ones.
However, things are changing in the very near future.
This tax relief act is going to expire at the end of 2012. If this expiration takes place without any new legislation being enacted the exclusion will go down to $1 million while the top rate rises to 55%.
Those who have resources in excess of $1 million may want to consider giving gifts during the 2012 calendar year. There is, of course, a very limited window of opportunity left because the end of the year is rapidly approaching.
The act of funding certain types of trusts such as dynasty trusts could be taxable under gift tax regulations. Aside from giving direct gifts, however, there are methods that could allow you to take advantage of this larger exclusion to fund an irrevocable trust for the benefit of loved ones. These methods may allow for discounting, so an even greater amount may qualify for the exclusion.
Giving shares in a family limited partnership or family limited liability company may also be a possibility.
These methods are relatively sophisticated, so if you are serious about wealth preservation you would do well to discuss this temporary opportunity with a qualified Reno estate planning lawyer as soon as possible.
Back in July the actor Sherman Hemsley died at his home in El Paso, Texas at the age of 74. We reported on this a while back and there is now some updated news to share.
A court date wasset for Halloween day in El Paso. The probate court judge has required the individual challenging the estate, Richard Thornton of Philadelphia, to provide the results of a DNA test.
Thorton says that he is Sherman Hemsley's brother by blood. Hemsley left behind a last will leaving everything to Florida Enchinton, who was referred to as his "beloved partner" in the will. Reports indicate that she was also his manager.
Hemsley's body is still being held in an El Paso funeral home and no services can be held until the matter has been resolved by the court. These facts seems to disturb Enchinton more than anything. It should be noted that observers suggest that the value of Hemsley's estate is quite modest.
The probate process does indeed open the door for those who want to challenge the stated wishes of a deceased individual, and as you can see from this case it can be quite time-consuming.
There are however things that can be done to avoid probate and arrange for future asset transfers in a private, confidential, and direct manner.
If you would like to gain an understanding of probate avoidance strategies as you plan your own estate, don't hesitate to pick up the phone to set up an appointment to speak with a qualified Reno NV estate planning lawyer.
Estate planning attorneys have noticed an interesting trend emerging in the United States.
There was a 14% increase in the numbers of people who are at least 60 years of age who are living with someone as a domestic partner according to a 2008-2010 United States Census Bureau survey as compared to 2005-2007 numbers.
In most cases the underlying reason that so many seniors are choosing to live together is that marriage can have negative financial implications.
Retirement pensions are one of the concerns. Many pension plans allow for the surviving spouse of the individual receiving the pension to continue to receive survivor's benefits after the death of his or her spouse.
Given the limited income that is provided by Social Security this survivor's pension can be the difference between relative poverty and a comfortable lifestyle.
In many instances the rules governing the survivor's pension state that it will no longer be paid if the recipient was to get remarried. Because this income can be so important to many individuals they simply don't get legally married.
There are other financial reasons why seniors choose to remain unmarried, not the least of which are the preferred tax benefits of a single person. If you make the choice to remain single, but live with your new partner, you must be certain that you have executed all of the appropriate estate planning documents.
The law will not recognize your significant other if you were to become disabled, need medical decisions to be made for you, or pass away without recording your wishes in a legally binding manner. However, with a visit to a good estate planning lawyer you can make sure that you and your partner are provided for come what may.
With a proper estate plan you can not only provide for your domestic partner, but you can also include an incapacity provision empowering your partner to act as your representative and handle your affairs if you were to become unable to make sound decisions at some point in time. You can also allow them access to you if you are hospitalized and name them to make medical decisions for you in your advance directives, should you choose to do so.
As local northern Nevada estate planning attorneys we take our commitment to the community seriously. Making sure that your wealth is preserved for future generations is extraordinarily important, and many people don't know much about legacy planning.
This venue on the Internet is one way to push out good information, but we also understand the importance of the human element. With this in mind we regularly offer Webinars that are quite informative, and entertaining. You can attend for free if you register in advance while there is still room.
The Webinars that we have coming up in October and November are listed below:
Tuesday, October 9, 2012
Hampton Inn & Suites
Carson City, Nevada
2 p.m to 4 p.m.
Wednesday, October 10, 2012
Hyatt Place
Reno, Nevada
2 p.m to 4 p.m.
Saturday, October 13, 2012
Holiday Inn
Sparks, Nevada
10:00 a.m to 12:00 Noon
Tuesday, November 13, 2012
Hyatt Place
Reno, Nevada
2 p.m to 4 p.m.
Wednesday, November 14, 2012
Hampton Inn & Suites
Carson City, Nevada
Thursday, November 15, 2012
Hyatt Place
Reno, Nevada
2 p.m to 4 p.m.
Saturday, November 17, 2012
Holiday Inn
Sparks, Nevada
10:00 a.m to 12:00 Noon
We will be covering a wide range of topics including wills and trusts, incapacity planning, advance health care directives, wealth preservation, legacy planning, and more.
If you are interested in registering to attend one of our Webinars simply give us a call at (775) 823-WILL (9455) or visit this page on our website: Reno/Sparks/Carson City Estate Planning Webinars.
Will be having some more Webinars in December if you cannot attend any of these dates.
On May 10 of 2012 we lost an iconic figure in the world of automotive design and racing. Carroll Shelby died at the age of 89. He left behind a colerful legacy that includes the classic AC Cobra and Shelby Mustang designs.
Following his death there was a story circulating about some difficulties between his seventh wife Cleo and his three children. The three children reportedly contended that their father wanted to be cremated, and they had signed documents to prove it. Cleo did not accept the validity of these documents. She said that he wanted to be buried and that final arrangements were her responsibility and right to make.
While this dispute was taking place the final services had to be postponed while the body of the legendary automotive designer was held in a morgue. This unpleasant situation was a source of great dismay for the many friends and admirers that Carroll Shelby had around the world.
There is however some good news to report about the matter. The parties finally came to an agreement to direct the cremation of Shelby's body.
This situation illustrates how easy it is for people close to you to disagree after you pass away. Because of this it is important to express your desires in binding estate planning documents. By taking these steps you lessen the likelihood of a dispute among your loved ones concerning these types of decisions made after your death.