Posts Tagged ‘South Tampa’

Does Faith matter in Estate Planning?

Friday, March 23rd, 2012

Most people think of estate planning as a sterile process that involves building a Florida Will or Revocable Trust, Power of Attorney and Health Care directions.  That’s a good start, but what should you really be thinking about when you are developing your planning?  Do your thoughts on your faith and values matter?  They should, and here are a few ways to incorporate them into your plan:

1.  If you have specific ideas that you want to share with your family, you need to convey them in your documents.  For example, my wife and I value Roman Catholic education and have our children enrolled in Villa Madonna Catholic School in Tampa.   We specifically authorized our trustee to use our resources to allow our children to continue at that school and progress to other Catholic schools as they grow older.  We did not rely on general boilerplate provisions about education expenses being covered by our trust.

Although we did not write this in our Wills, we certainly could have stated our wishes that our girls attend weekly Mass and receive the Sacraments as they grow.

Another instrument that touches on someone’s faith is a Living Will.  What are your Church’s teachings on end-of-life?  Do those teachings matter?  I was lucky enough to find the Catholic Bishops Advance Directive, which not only confirms that we are following our Church’s teachings, but also includes a beautiful statement of our faith.

Obviously, for those of you who have worked with us, we raise these issues with our clients.  While these examples are faith-based, you do not need to limit your thoughts to purely religious concepts.  How about statements that support the notion that a child become a productive member of society?

2.  If you cannot think of specific concepts to include in your documents, do not give up.  We suggest that you write a letter to the individual who will manage your money for your family (e.g., a trustee) that outlines your thinking.  This letter should be a living document, one that you can add to as your thoughts develop.  Also, we recommend that you write your family a love letter in which you share your faith/values/wishes for them.

These ideas are often very personal, and so do not ask your lawyer for a template as a starting point!  He or she can help to frame your discussion, but do not ask someone to speak for your heart – allow it to speak for you.

No More Paper Bonds!

Sunday, March 4th, 2012

The U.S. Treasury no longer issues paper bonds.  Starting this year, you can invest in Series EE and I Bonds electronically.   Why did the Treasury eliminate the paper?  It do so, along with discontinuing the sale of paper bonds through traditional payroll plans, in order to save an estimated $120 million for five years.

For paper bonds that have not matured, don’t worry.  They are still good and can be redeemed at financial institutions.  Plus, any bonds that have not matured but were lost, stolen or destroyed can be reissued in paper or electronic form.

The question that I ask is how would anyone know that you had electronic bonds if you become disabled or at your death?  In the past, we could put our hands on them.  Perhaps keeping a list of electronically-issued bonds along with your other assets would make good sense.  Storing that list on The DocSafe makes even better sense.

Drum Roll….And the best state to die in is…

Thursday, January 26th, 2012

Not too many people give any thought to their choice of state residency relative to the estate tax.  Sure, plenty of folks decide to live in states like Florida because we have no income tax (although anyone who lives here knows that you get taxed in many other ways – high sales tax, license fees, etc).  How about deciding where to live based on potential estate tax?

Most of us know by know that the federal estate tax exemption is large.  $5.12 million for 2012, up from $5 million in 2011, due to indexing for inflation.  What about state estate tax exemptions?  Before 2005, Florida had an estate tax that was often called the “sponge” or “pick-up” tax, which was the amount that was allowed as a state estate tax deduction on the federal estate tax return.  For the time-being, there is no state estate tax deduction allowed on the federal estate tax return, which means that Florida does not collect an estate tax.

Many other states followed that rule, so that their tax revenues took a dip.  To address that, certain states enacted a stand alone estate tax.  You can review this map to learn about those exemptions, and perhaps pick your new state of residence.   For more information, this Forbes/MSN article is worth a quick read.