March 29, 2017November 29, 2022

Millennials Also Need Estate Plans

Many articles are written about what the Millennial generation wants and needs. Not enough articles are written about their need for estate plans.

Whatever field you are in, you have undoubtedly heard a lot of talk about how it relates to the Millennial generation. No one hears about it more than Millennials themselves. They like to discuss what their generation needs and their elders like to tell them about what they think they need.

With all of the talk about how Millennials live, behave and even vote, there is not much room left for talk about what will happen if they pass away.

It might seem premature to have those discussions, because Millennials are young and expect to live for a long time. However, many of them will pass away long before they think they will.

That means they need to think about their mortality and get estate plans established, as the Christian Science Monitor points out in “Millennials, don’t forget estate planning.”

One of the most important things estate planning can do for Millennials is to get them to think about what happens to their belongings and their children after they pass away. Estate planning focuses the mind on how the decisions we make, can have a long-term impact on our loved ones.

If done properly, estate planning also gets young people to think about their need to save money for retirement, emergencies and the possibility they might pass away while they have minor children.

If you are a Millennial, then seek out an estate planning attorney.

You should go ahead and get your first estate plan, just in case something does happen. That will get you started on making important plans, which is a good habit to get into.

Reference: Christian Science Monitor (March 7, 2017) “Millennials, don’t forget estate planning.”

March 28, 2017May 15, 2022

Hire the Right Estate Planning Attorney

Most attorneys are specialists in their particular practice areas. For your estate planning, you should hire an attorney who is a specialist in estate planning.

Human beings can only become truly knowledgeable in a limited number of areas. We cannot all be experts on everything. This is true even within disciplines.

For example, if you wanted to learn something about the history of 16th century Britain, you would be unlikely to learn very much by asking a historian who specializes in the Roman Empire. You would want to ask a historian who specializes in English history. Even better would be asking someone who only studies 16th century Britain.

A similar need for specialization is even more obvious, when you think about your health.

If you need heart surgery, you would not seek the services of an ear, nose and throat specialist. You would not even want a neurosurgeon. You would want a cardiac surgeon.

The same thing is true with legal matters and estate planning, as the Norman Transcript points out in “The right attorney is needed for wills and estate planning.”

Estate planning is a complicated and specialized legal field.

Only attorneys who have dedicated their lives to studying the field can be guaranteed to give you the services that you need. You might know someone who is excellent in criminal law or who excels at writing contracts. While he or she might even be willing to help you with your estate planning, you would be better off going to an estate planning expert.

Many avoidable mistakes are made when people do not seek out the services of an estate planning attorney. Do not let those mistakes happen with your estate plan.

Reference: Norman Transcript (March 5, 2017) “The right attorney is needed for wills and estate planning.”

March 27, 2017October 2, 2024

IRS Audit Strategy Targets the Wealthy

In 2017 it is expected that the IRS will focus its auditing efforts on the wealthy, in order to get the most that they can out of their limited enforcement budget.

It used to be that the IRS was actually more likely to target middle class taxpayers for an audit than wealthy people. It is more difficult to audit the wealthy because they can afford to hire expert lawyers and accountants to fight the auditors.

However, years of cuts to the IRS budget have led to a change in tactics.

The IRS now prefers to target the wealthy for audits, so the agency gets the most bang for its buck. There is simply more money that the IRS can get by auditing the wealthy than by making sure middle class Americans have filed all of their taxes correctly.

This trend is expected to continue in 2017, according to Private Wealth in “This Year’s Audits Are Bad News For The Rich.”

The IRS is expected to go after common ways the wealthy often lower their tax bills and challenge them to prove that they have done everything correctly.

For example, a charitable deduction over a certain limit might trigger the IRS to send a letter demanding proof of the donation. Reporting that money was put into a 529 education savings plan over a certain amount, could also trigger an automatic letter as could a whole lot of other common practices.

It is important that wealthy people get together with their estate planning attorneys and accountants to make sure they have done everything correctly to lower their tax bills, if they want to avoid problems with the IRS.

Reference: Private Wealth (Feb. 28, 2017) “This Year’s Audits Are Bad News For The Rich.”

February 21, 2017

Have You Really Talked to Your Children About Your Finances?

For most estate plans to go well, it is important that parents talk to their adult children about the family finances. While many parents claim that they do, the children say that they do not.

Estate plans often have many complicated pieces, since they reflect the complicated nature of people's finances. Those who are not financial experts, often have problems dealing with the complexity of handling an estate, if they have not been told beforehand what they will be dealing with and how to handle it.

For this reason, estate planning attorneys normally advise their clients to have an in-depth conversation with their children about their finances. If the children are going to be called upon to act as a power of attorney in the event of incapacity or to administer any portion of the estate, then they need to know what to do before they need to do it.

Forbes reports that those conversations may not be happening nearly enough in "The Last Taboo: Your Parents Still Won't Talk About Their Money With You."

A total of 70% of parents report that they have had detailed conversations with their children. However, only 50% of their children report that those conversations have actually taken place.

What this suggests is that while parents might be giving what they think are detailed explanations about their finances, the children still have questions that should be answered.

It is important not to assume that your children know what they are supposed to do from a brief overview. Invite them to ask questions and answer any that they have.

Reference: Forbes (Jan. 31, 2017) "The Last Taboo: Your Parents Still Won't Talk About Their Money With You."

February 9, 2017October 25, 2023

Changing Residence and Your Estate Plan

Every year thousands of wealthy people temporarily move from their cold, northern homes to residences in warmer states. Many consider making their warmer homes their permanent residence, especially as they grow older.

Given the choice, many people would much rather live in the warm, sunny climates of states such as Florida and Arizona instead of the colder climates of northern states. However, for most people, that is not an option since they have good jobs they cannot leave in northern states.

Some of them, however, are able to maintain residences in warmer states where they can live during the winter. As they near retirement, many consider switching residences completely and making their southern home their permanent home.

This is reported by the Middletown Transcript in “MAKING CENTS: From snowbird to flamingo.”

What many people do not realize is that if they change their state of residence, then they may also need to change their estate plans.

An estate plan crafted by an expert estate planning attorney is created with your individual state of residence in mind and making sure that state laws are followed. The estate plans are designed to work for the individual states. That means they may need to be changed to reflect the laws of a new state of residence.

If you do move to Florida or Arizona, or any other state, make sure to see a local estate planning attorney so your estate plan can be changed to take advantage of your new state’s laws.

Reference: Middletown Transcript (Jan. 17, 2017) “MAKING CENTS: From snowbird to flamingo.”

January 5, 2017

What Estate Planning Is

Do not be confused about what estate planning is and whether or not you need to do it.

Most Americans do not have estate plans. One of the reasons that they don’t is confusion about what getting an estate plan means and who should have them. The term "estate" often conjures up images of the palatial estates of the ultra-wealthy. However, the term applies to the property of anyone who passes away.

We all have estates. For that reason, it is important to know what estate planning actually does.

Recently, the Vail Daily discussed some basics in "Estate Planning."

If an estate is the property you have when you pass away, then estate planning is deciding what should happen to that property. It is you deciding beforehand who you want to have your property and the legal means by which they will receive it.

The two most common methods to have your property distributed are through wills and trusts.

A will is a legal document that is submitted to a court. The will sets out who should receive what. If the will is valid, the court will oversee the process of making sure that the property goes where you want it to.

A trust creates a new legal entity to hold and distribute property. It is not normally submitted to a court, unless it is a “testamentary” trust created under a will to manage the estate distribution. Another person known as a trustee, is charged with making sure that your directions are followed.

There are other aspects of estate planning you should address, including planning for your own end-of-life care. Visit an estate planning attorney if you have questions about wills, trusts, or any other aspects of estate planning. Profit Law Firm works with clients to find their goals and wishes and create plans that implement their desires.

Reference: Vail Daily (Dec. 8, 2016) "Estate Planning."

January 4, 2017May 12, 2022

When to Change Beneficiary Designations

Who you name as the beneficiaries of your retirement accounts and your life insurance policies, is an important part of modern estate planning. Knowing when to change them is vital.

Estate planning today is not just about going to an estate attorney to have a will or a trust drawn up. It also includes making plans for your own end-of-life care and deciding who should get your retirement accounts and life insurance policies, if something happens to you.

The beneficiaries of your accounts will get the assets by operation of law, regardless of what the will says. If you have done everything correctly, then you have factored those accounts into your overall estate plan with the assistance of your estate planning attorney. Sometimes you need to review and change those designations. Profit Law Firm can help you understand how each asset will pass to the next generation and ensure that your overall goals are met with careful oversight of your beneficiary designations and careful will drafting. Schedule a consultation today.

Recently, the Aiken Standard listed some appropriate times to do that in “On the Money: Don’t disinherit your loved ones,” including:

If you get divorced or remarried, then review your accounts to make sure you are not leaving things to an ex-spouse or that your new spouse is included.
If you get a new employer and roll over your old account, then make sure that the new account accurately reflects your wishes.
If the primary beneficiary on your accounts passes away, then you obviously need to make changes.
If the financial institutions you have the accounts with change ownership, review your beneficiary designations to make sure the new company has everything recorded properly.
If you have a new child or grandchild, consult your estate attorney about including them and whether they should be named as beneficiaries.
If a beneficiary becomes disabled, you should talk to an attorney about creating a special needs trust. Keeping them as a beneficiary could make them ineligible for some needed government benefits.

Reference: Aiken Standard (Dec. 10, 2016) “On the Money: Don’t disinherit your loved ones.”

January 3, 2017

Estate Planning Is Not as Hard as You Think

Many people put off estate planning because they mistakenly believe that it will be too difficult and time-consuming.

Younger people delay getting estate plans for all sorts of reasons. Some think that they are too young for it. Some think that they do not have enough assets to bother with it. Others think that it will be too difficult or take too long.

A columnist for The Gleaner put it off because she and her husband could not agree about who would care for their children. She wrote about their experience in "HARDY: No reason to delay estate planning."

The article is instructive and enlightening. The writer details how once she and her husband did come to an agreement about their children, the process of getting an estate plan was not as difficult as they thought.

This might be because they took the critical step of going to an estate planning attorney instead of trying to do things for themselves.

The attorney provided the couple with a questionnaire that allowed them to think about things that they had not even considered and make their own decisions about those things. If the couple had tried to create their own estate plans, they likely would have been incomplete because of the things they did not know.

The important lesson to learn from the column is that there really is no reason to delay getting an estate plan. If you go to an estate attorney, the process will be simple and you will get a complete plan.

Reference: The Gleaner (Dec. 10, 2016) "HARDY: No reason to delay estate planning."

December 22, 2016

The Best Reason to Get an Estate Plan

There are many reasons why you should get an estate plan, but one of them stands out above the others. Estate planning is the best way to make sure that your family does not have problems after you pass away.

Too many people think getting an estate plan implemented is an unnecessary and time-consuming bother. It is true that properly planning for an estate requires gathering up all of your financial documents, thinking about where you want all of your property to go and spending time meeting with lawyers. Almost everyone can think of other more enjoyable things that they would rather do with their time.

However, there is a very good reason to make the effort now and get an estate plan as J Weekly suggests in "Estate planning wards off problems later on."

If you think estate planning is difficult and time-consuming for you now, imagine how difficult it will be for someone else to do it after you pass away. It is very likely that a close family member will have to figure out what property you have and go to court to figure out who should get all of your property.

To give just one example of how difficult this can be, you can now easily go to your bank and get all of the information you need concerning your accounts. Your children cannot do that easily now and they would not have an easier time of it after you pass away, unless they have a court order requiring the bank to give them the information.

Getting that court order will, of course, be time-consuming and require the hiring of an attorney for assistance.

Any way you look at it, taking the time to get an estate plan now will be less expensive and less time-consuming than it will be for your family to figure things out if you do not get an estate plan.

Reference: J Weekly (Dec. 1, 2016) "Estate planning wards off problems later on."

December 14, 2016February 23, 2022

A Charitable Legacy Requires Planning

If you want to be remembered for charitable giving, then you should get started with an estate plan.

At this time of year, it can seem like giving to charity is something done with little forethought. It can require no more than dropping loose change in a bell ringer’s bowl at the grocery store or putting a new toy in a designated box at the mall.

While anonymous giving like that is helpful, having a true charitable legacy requires more work and considerable forethought.

People who want to be remembered for being charitable benefactors, need to get comprehensive estate plans as the Port Huron Times Herald explains in “Plan today to make a difference tomorrow.”

With an estate plan, you can set up your charitable giving to be ongoing after you pass away. If you want, you can leave one time gifts in your plan but also create new legal entities that will continue to give to charity indefinitely. You can even dictate what charities these entities will give to and for what purposes. In essence, an estate plan gives you much greater control over how and what your charitable giving will accomplish.

The entities you use to accomplish charitable giving can be relatively simple trusts or they can be complex family foundations. We provide more information on charitable giving on the Profit Law Firm, LLC website.

Without proper planning, however, creating a charitable legacy is nearly impossible. Attempts to do so can easily fall afoul of the law and IRS regulations. Thus, if you would like to leave a charitable legacy, consult with an estate planning attorney to review your options. Profit Law Firm can help inform you about the various charitable trusts you can use to accomplish your goals.

Reference: Port Huron Times Herald (Nov. 25, 2016) “Plan today to make a difference tomorrow.”

Building Legacies that Last Estate Planning and Elder Law

Category: Maryland Estate Planning