January 7, 2019May 10, 2024

Prince’s Estate Must Sell Property To Pay Estate Tax

laptop and glasses on a wood table Some of the mystery about what will happen to Prince’s property has begun to clear up as his estate has asked for permission to sell some of his real estate holdings.

It has been estimated that the total estate tax bill that Prince’s estate will have to pay will be in the neighborhood of $150 million. The bill is that high because Prince did not have an estate plan that accounted for either the federal estate tax or the Minnesota estate tax. Like Minnesota, Maryland estate tax is lower than the federal at $2 million. This estate tax threshold includes the entire value of your house, without regard to the the size of your mortage. With the high property values for housing in Maryland, life insurance and retirement accounts, many middle class Maryland families, who do not do Maryland estate planning, may force heirs to sell assets, just to make Maryland estate tax payments.

Since Prince died without an estate, there was alot of speculation that some of the musician’s estate would need to be liquidated to pay the tax, but what portions of his estate would be sold has not been known.

It now appears that some of what will be sold includes the musician’s real estate holdings, as TMZ reports in “Prince Everything Must Go…Estate Ready to Dump Properties.”

The special administrator for the estate has filed a motion with the court seeking permission to sell some of the real estate and says it will not accept an offer that is less than 90% of fair market value. The musician is known to have had real estate holdings in several different states, but which properties might be sold has been sealed.

Ultimately, the judge will have to approve of the plan to sell before the properties are listed.

If the judge approves the plan, it will likely not be the last things of the musician’s that will be sold. The estate tax bill is high enough that much more will likely need to be liquidated in the next few months so the estate can pay the taxes on time and avoid fines and penalties.

Reference: TMZ (Aug. 1, 2016) “Prince Everything Must Go…Estate Ready to Dump Properties.”

April 23, 2018June 20, 2022

The Process of Getting a Will

If you do not have a will, you should know that the process of creating one is not difficult in most cases.

People who do not have estate plans, often think that the process of getting one can be more difficult than it normally is. It is not difficult to get that false impression, if you start doing some digging online.

You will be confronted with unfamiliar terminology and 10 to 15 step plans that can make estate planning seem very time-consuming. You can also find some online form companies that tell you that purchasing their products make creating an estate plan easy. However, once you start reading their documentation, it might all look difficult again because you do not know the finer legal details of estate planning.

The truth? Estate planning does not have to be that difficult to accomplish, as The New York Times discusses in “What It Was Like To Finally Write My Will.”

The author of the piece discovered that creating his will was not very difficult at all. The key thing that he did was to get a recommendation for an attorney from a friend. He then went to that attorney and told the attorney what he wanted to do.

The attorney discussed the options and the author was able to work with the attorney to determine what the best plan would be for his unique circumstances. The attorney then wrote the plan down formally and the author just needed to go back to the attorney’s office a few weeks later, to formally sign the will and everything was done.

Most people will find that estate planning is just that simple when they also choose an appropriate estate planning attorney.

Reference: New York Times (April 3, 2018) “What It Was Like To Finally Write My Will.”

April 4, 2018June 23, 2024

Farm Planning

Estate planning for farmers is different than it is for other people, since the focus must be on who will inherit the farm.

When farmers get older, they start worrying about what will happen to the farm, after they pass away. Many would like to keep the farm in the family.

Sometimes farmers only have one child and that child would like to take over the farm. However, most of the time, farmers have multiple children. One, all or none of the children may have any interest in the farm. That makes planning seem difficult, but in reality, there are only three steps to consider, as Agriculture.com discusses in “3 Steps To Succession Planning.”

The steps include:

Communicate with family members about what you want to happen to your farm after you pass away and figure out what your family expects to happen. This is especially important when children are not interested in farming, so their inheritance expectations can be known and taken into account.
Try to determine what tools are available to meet your goals. If you can modify a lease agreement to help meet your goals, then that may be an available tool.
The last thing to do is to determine your legal options. This is where a good estate planning attorney comes into play. The attorney will listen to your goals and figure how to meet them. What that will look like, will vary because every family farm is different.

Reference: Agriculture.com (March 8, 2018) “3 Steps To Succession Planning.”

March 27, 2018February 15, 2024

IRA Inheritance Options

Deciding who should inherit your retirement account is an important part of estate planning. You have several options that are available.

When many people pass away, they will still have a lot of money in their individual retirement accounts for a beneficiary to inherit. It is important to decide who that beneficiary will be, in a way that fits your overall estate plan. Contact an estate planning attorney to figure this out.

The IRA can be used to balance out other bequests and can be used to enhance other estate planning goals. Depending on what you decide to do, there are various tax implications, which Morningstar recently discussed in “Who Should Inherit Your IRA?”

Options include:

Spouse – If your spouse is the beneficiary, he or she can roll your IRA into their own. However, it might not make sense to designate a spouse, if they are nearing the age of having to take required minimum distributions and will not need the money.
Child or Grandchild – If they inherit the IRA, then they can stretch the benefits out over their own lifetimes. However, as a practical matter, few do so because they need the money.
Charity – Your estate can get a tax deduction, if you leave your IRA to a charity. It can be complicated, so get expert advice before filing out a beneficiary designation form.
Your estate – There is not much benefit to naming your estate as the beneficiary. However, if you cannot decide on another option, you can do so.
A trust – Ordinarily, there is no benefit to leaving your IRA to a trust. However, if the beneficiary would otherwise be a minor child or unable to manage their finances, it might be necessary to do so.

Reference: Morningstar (March 2, 2018) “Who Should Inherit Your IRA?”

April 28, 2017

The Mars Problem

Humans have long dreamed of visiting the planet Mars. However, to do so would cause aging problems for astronauts. However, we might be on the cusp of overcoming that by reversing the aging process itself.

One of the basic facts of human existence is that throughout our lives, our cells continuously divide.

Some cells die, but the division process ensures that new cells take the place of the dead ones. The division process is not perfect, however.

Each instance of cell division causes a small bit of deterioration in the cell and in the DNA of the cell. Over time, these bits of deterioration add up and the result is what we know as the aging process that we can see with our own eyes.

While not exactly constant, this deterioration from cell division occurs at a fixed enough rate that the maximum lifespan is the same for all humans. Scientists have been unable to change this rate of deterioration until now.

A way to reverse it might have been found, reported by the Daily Mail in "Would YOU choose to live forever? Age-reversing pill that NASA wants to give to astronauts on Mars will begin trials within six months."

If the report is true and trials bear out, then scientists have found a drug that can reverse the deterioration from cell division that causes aging.

This would have potential benefits for astronauts because space travel is extremely dangerous.

Astronauts are exposed to radiation that causes the cell deterioration to increase.

NASA is interested in this drug as a possible way to protect astronauts on a trip to Mars.

If this drug actually works, it has profound implications for more than just space travelers. It would cause great changes for all elderly people and for all estate planners.

Reference: Daily Mail (March 23, 2017) "Would YOU choose to live forever? Age-reversing pill that NASA wants to give to astronauts on Mars will begin trials within six months."

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.”

December 19, 2016February 23, 2022

Depression Era Trusts May Expire Soon

Many family dynasty trusts created during the Great Depression to avoid rising taxation, will automatically terminate soon. Trustees and beneficiaries need to be prepared.

One of the lasting legacies of the Great Depression will soon come to an end. In response to that crisis, the government greatly increased the gift and estate tax rates. Wealthy families responded, in turn, by creating dynastic trusts to hold their wealth and preserve it for future generations.

Most of the trusts created at that time have mandatory termination dates at which time the trust assets must be distributed to the residual beneficiaries.

Successfully carrying out that process will require some planning as the Wills, Trusts & Estates Prof Blog explained in “Preparing for Trust Termination.”

The first challenge for many trusts and trustees will be determining the residual beneficiaries. In many cases, they could be distant relations of the original trust settlors and not the same people who currently receive regular distributions from the trusts.

Once the beneficiaries are determined, they will need to plan for how receiving the trust assets, will impact their lives and financial futures. Depending on the amount of money received, the beneficiaries’ tax and estate plans could change dramatically.

Those who do not plan appropriately, could face negative consequences that could have been avoided.

If you are a residual beneficiary of a depression era trust, you should seek independent legal advice. It might not be a good idea to rely on the advice offered by the trustees and their legal advisors. Profit Law Firm, LLC can provide an independent consultation.

You need an attorney who will be acting only in your interests.

Reference: Wills, Trusts & Estates Prof Blog (Dec. 5, 2016) “Preparing for Trust Termination.”

December 8, 2016

It Is Time to Review Your Estate Plan

You should review your estate plan anytime something significant changes that could have an impact on your plans. That means that you should be reviewing it now.

Some things do get better with age. However, unlike fine wine and good cheese, estate plans do not improve after aging.

An estate plan can be viewed as a snapshot of a person's financial and life situation at the moment the plan is made. When something changes in a person's financial or life situation the snapshot is no longer an accurate representation. If the change was significant enough, then the estate plan itself could be ineffective.

For this reason, estate planning attorneys suggest that their clients review their estate plans every few years to make sure the plans are still good. Another reason to review estate plans is when there have been legal changes that could affect the plans. There have been recent changes in Maryland law and D.C. law in the past two years that mean residents of those states should review their plans. Maryland has enacted the Maryland Trust Act and D.C. has changed laws regarding wills and trusts as well.

Recent Treasury Department regulatory changes make it likely that your plan needs review as Wealth Management points out in "Remind Clients Importance of Updating Estate Plans."

Take some time to review your estate plan and consult with Profit Law Firm about whether you need to update your estate plan.

Make sure that it still does everything that you want it to do. Ask yourself if there have been any changes to your life and finances that are not reflected in your plan. Then, call your estate planning attorney and ask about any legal changes that have been enacted since you made your estate plan.

Once you are done with that and have an idea what needs to be changed in your estate plan, go to and have the changes made by your attorney.

Reference: Wealth Management (Nov. 21, 2016) "Remind Clients Importance of Updating Estate Plans."

November 29, 2016October 30, 2023

When to Discuss Estate Planning: At Holiday Dinners

It is important to discuss your estate plan with your family. Some people struggle over when to do that. They could consider doing so over a holiday dinner, during this holiday season.

One of the most contentious issues many people face is talking about their own deaths and their estate plans with their friends and family. These are typically not the most comfortable of conversations for everyone involved.

Some people would rather just not talk about death. Others are afraid their family will be upset by the estate planning choices they have made. However, nearly all experts agree that one of the essential ingredients to having a successful estate plan and avoiding family fights over the estate is not to surprise family members with your plans. Talking about your estate plan is particularly important in Maryland and the District of Columbia because both states impose a tax on your estate when you die. Talking about your estate plan with your family so that they know how to handle these estate taxes, helps reduce any family friction on your demise.

If you let them know what your plans are and why you made those plans, they are more likely to accept them. If talking about your plans is uncomfortable for you, then you need to find a good time to do it. At Profit Law Firm, we can incorporate family meetings into the estate planning process. Contact us to create an estate plan that protects your loved ones and estate with the harmonious transfer of wealth.

The Street recently suggested one possible time for that conversation in “Thanksgiving Dinner Is a Perfect Time to Discuss Estate Plans.”

You read that right.

The article suggests you talk to your family about your estate plan while eating turkey and stuffing. The reasoning is that everyone is normally in a good mood while eating Thanksgiving or any holiday dinner. If that holds true in your family, it would be a good time to discuss your estate plan.

Of course, if your holiday dinner includes a crazy uncle who irritates everyone else, then it might not be the best time to discuss things.

The bigger point is the best time to discuss your estate plan with your family is when everyone is in a generally good mood already. Whenever that happens to be for your family is a good time to discuss your plans.

Reference: The Street (Nov. 15, 2016) “Thanksgiving Dinner Is a Perfect Time to Discuss Estate Plans.”

November 23, 2016August 27, 2023

A Bypass Trust Might Still Be Your Best Option

Relatively recent changes to federal estate tax law have made bypass trusts less popular than they used to be. However, they are still good in many circumstances.

It used to be a complicated process for a married couple to get the most out of the estate tax exemption. When one spouse passed away his or her estate tax exemption could be useless if all of the assets went to the other spouse directly. When the second spouse passed away all of the couple’s assets would be considered part of his or her estate and the individual estate tax exemption would be applied.

To get around this couples had to get a “bypass” trust of which there were many types. Essentially, the surviving spouse was bypassed in the estate plan.

The relatively new federal law of spousal “portability” changed this and made bypass trusts less necessary. Now, if the paperwork is properly filled out, a surviving spouse can elect to carry over the deceased spouse’s estate tax exemption and use it along with his or her own later.

This move essentially doubles the estate tax exemption.

However, there are some situations where a bypass trust is still a good idea as discussed by the Poughkeepsie Journal in “Bypass trust works better for many families.”

Many states have estate taxes of their own and they do not all allow spousal portability. For instance, Maryland has a state estate tax and the District of Columbia has a state estate tax. Thus, in Maryland and the District of Columbia a bypass trust is still necessary to take full advantage of estate tax exemptions. A bypass trust can also be used to protect against a surviving spouse getting remarried and having all of the couple’s property eventually ending up in the new spouse’s family. As a result, bypass trusts are a useful estate tool for blended families, learn more here. They can also be used as a great way to include other family members in the estate plan, especially grandchildren.

If all this sounds a bit confusing, do not worry. That is why there are estate planning attorneys and firms like us.

Tell the attorney what you want done with your possessions after you pass away and let the attorney worry about the best way to accomplish that while minimizing the estate tax burden on your estate.

Reference: Poughkeepsie Journal (Nov. 4, 2016) “Bypass trust works better for many families.”

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Tag: Maryland Estate Planning