Posts Tagged ‘Trust’

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.

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!

Estate Planning for Women

Friday, August 12th, 2011

A few recent articles on Forbes.com on estate planning for women sparked an interesting idea that planning for women is somehow different. Check out this blog post.  I think that the information is great, but is really applies to both women and men!

My wife is a CPA – she knows more about our finances than I do!  She is a great example of a strong, capable individual. Because I am an estate planning attorney, it is logical that I took the lead on our personal planning, but she was very much involved.  I love getting her thoughts on things we can do for our girls, in large part since her life experiences shape her ideas.  Maybe that has something to do with her being a female.  I don’t know.

When I meet female clients, they most certainly express a sincere interest in having a thoughtful estate plan in place for their family.  I believe that estate planning is a loving process for one’s family, which women, especially mothers, can appreciate.  But let’s face it: men should feel the same way, too.  Many of the topics in estate planning could be viewed as “motherly.”  That is meant to be a very high compliment, and so please do not mistaken that statement for something sexiest.

I know that men are from Mars and women are from Venus…but really?  Both men AND women should care about planning.  Perhaps, we as planners need to recognize that men and women hear and process things differently, but planning is necessary for both sexes.