Posts Tagged ‘Lawyer’

Giving the Gift of Peace

Saturday, December 17th, 2011

Last week one of my clients called to ask if I could meet with his children to help them with their estate plan.  Of course, I said I would be happy to help!  He added that he wanted to pay for their planning as a Christmas gift.

His children are ages 21 and 23, and while they don’t have much in the way of assets, he figured that they at least needed the basics – a Florida Last Will & Testament, Durable Power of Attorney and Designation of Health Care Surrogate.  The truth is, once a child reaches age 18, a parent can no longer make legal decisions for them.  What happens of your 19 year old daughter is in a bad car accident?  Who can talk to the doctors and pay her bills (using her bank account) while she is incapacitated?  Without difficulty, no one can really act.  If she was incapacitated for any period of time, a court appointed guardian could be required.

These issues are alleviated by gently suggesting to your adult children that they pursue some basic estate planning.  Presumably, they will name one or both of their parents as a financial agent and medical surrogate.  Also, a simple Will can be better to outline the wishes for the disposition of their assets.  If they get married later, logic would suggest that their spouse would take on the agent and surrogate roles.  Regardless of the individual named in these types of documents, having them in place will give peace of mind for both parents and their children.  Best of all, this type of estate plan does not have to be expensive!

It’s a different kind of gift for Christmas, but I think its a pretty thoughtful and loving gift.  As always, we are here to serve.  Merry Christmas!

Thanksgiving dinner talk

Thursday, November 24th, 2011

Several of my clients told me that they planned to talk about their estate planning with their families over Thanksgiving. My initial reaction was that I thought it was a bit odd.  After all, Thanksgiving is a time to enjoy family and give thanks for all of our blessings.  It’s not about death and dying!  After more thought, I think that my clients have it right since estate planning is really a loving process for your family.

Because Thanksgiving is about family and taking time to appreciate all that we have, talking about estate planning over the Holiday makes sense.  If you have young children, you need to consider who will serve as guardian.   Assuming that your desired guardians are a part of your family, you can “steal away” a few minutes to confirm that they are willing to serve when you are with them in person.  I have always thought that it was a shame to either name someone for this role without asking or causally asking over the phone or by email.  We make a lot of big decisions rather casually, but naming a guardian to raise your children is too important to make that decision casually.

Even if you don’t have young children, other critical estate planning decisions involving family must be thought out. Who will serve as trustee or executor of your estate?  If you want to name a family member, maybe over a turkey leg you can talk about what it exactly means to be a trustee or executor.  Sounds strange, but how many times do you really get together with your loved ones where you can talk about these things?

Some of your family may have already done their estate planning.  You might be able to take advantage of their hard work and get some good ideas to incorporate into your Will or Trust.  If they have not, then by simply bringing up the topic may spark action on their part to do their own estate planning.  There’s nothing like spreading the love over the Holidays.

Happy Thanksgiving!

Payroll tax increases for everyone!

Sunday, November 20th, 2011

Late last year in an effort to “stimulate” our economy, employees were given a 2% payroll tax reduction.  In years’ past, employees were taxed at 6.2% for Social Security (capped at a specific income amount, which is adjusted for inflation) and another 1.45% for Medicare (which is not capped).  Employers pay an identical amount on wages.

The tax reduction means that the Social Security tax is limited to 4.2% for the employee’s expense.  Some articles that I have read suggested that the average American wage earner can expect to receive an additional $1,000 in net income this year.   Unfortunately, unless Congress acts by the end of this year, this tax savings will be lost in 2012, as the old rules of taxing at 6.2% would return.  President Obama, though, wants this tax savings to be continued and perhaps expanded so that the rate is reduced to 3.1%.  Without an extension of payroll tax relief, all Americans, including those with lower incomes, would be facing a tax hike!

The idea behind passing a law that reduced payroll tax was that Americans would receive more money in each paycheck, which they would spend.  In theory, that additional spending would somehow stimulate our economy.

If the government wants to stimulate the economy, it should consider offering that savings (the 2% payroll tax reduction) to employers.  Using the “average” tax savings number of $1,000 per American worker, if an employer had 50 employees earning $50,000/year, this savings would allow that employer to hire one additional person without increasing its payroll expense.  The net out-of-pocket cost to the employer would payroll taxes and employee benefits, such as health insurance.   Could you imagine spending $8,000-10,000 for a $50,000/year worker?  Maybe that would stimulate our economy – especially when you realize how many employers have hundreds or thousands of employees!

Please contact your senator and house representative to ask them to support continued payroll tax savings, including a tax break for employers.