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Daryl Carlson
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Don’t “Escheat” Your Family Inheritance
Nearly 2.5 million Americans died last year, many without signing a will. One of them was apparently Roman Blum, a Holocaust survivor and New York real estate developer who was worth almost $40 million when he passed away in January 2012 at the age of 97 … If, after three... Continue reading
Posted 2 days ago at Redlands CA Estate Planning
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Asset Protection and the Limited Liability Company (LLC)
In terms of new formations, the Limited Liability Company (“LLC”) is the new King. The former King, the corporation, has been deposed, and relatively few corporations are now being formed other than for companies that have a future hope of being publicly-traded, or some other unique reason. Business owners often... Continue reading
Posted 3 days ago at Redlands CA Estate Planning
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Can One Attorney Meet Both Your Estate Planning Needs?
If a conflict of interest arises in fact between the spouses, their estate planning attorney should withdraw and advise the spouses to retain separate counsel. According to the U.S. Census Bureau, the divorce rate of first marriage is around 50 percent; second marriages are at 60 to 67 percent and... Continue reading
Posted 4 days ago at Redlands CA Estate Planning
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Accurate Gift Tax Returns Can Literally Stop the Clock (on the IRS)
In 1972, President Richard Nixon cruised to re-election. “The Waltons” premiered on CBS. And Sumner Redstone, who wasn’t yet a global media mogul, (allegedly) made a taxable gift to his children and failed to file a return. Why wouldn’t you file a gift tax return if you made a taxable... Continue reading
Posted 5 days ago at Redlands CA Estate Planning
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Can You Transfer IRA Funds to Charity?
Tax-free transfers are limited to those over age 70½ mainly to contain the drain on the federal budget. One thing you should never forget about your IRA – even though you make contributions with pre-tax dollars, and once inside these accounts your money grows tax-free, the government is counting on... Continue reading
Posted 6 days ago at Redlands CA Estate Planning
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If Death Occurs, What Becomes of the RMD on an Inherited IRA?
If the IRA owner died before their RBD, there is no year of death RMD that you need to take. However, if the IRA owner died after their RBD, there may be an RMD that you as their beneficiary have to take that year. When a loved one is no... Continue reading
Posted May 10, 2013 at Redlands CA Estate Planning
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Spring Cleaning Applies to Estate Plans Too
Consider the people who fill out forms designating who inherits assets like an insurance policy and then never go back and revise the forms when, for instance, they divorce and remarry. And then, there are the parents who have not determined who will serve as guardians for their children. Spring... Continue reading
Posted May 9, 2013 at Redlands CA Estate Planning
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Estate Planning Tools Affected by President’s Budget Proposal
… The new budget proposal targets various estate planning tools utilized by taxpayers in an effort to limit tax loopholes and generate revenue In the midst of the budget battlefield, many estate planning attorneys are closely watching the President’s budget proposal. Why such interest? Well, beyond the Military spending and... Continue reading
Posted May 8, 2013 at Redlands CA Estate Planning
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Estate Planning for Your Digital Assets
Let's face it: Your e-mail account, Facebook page and online photo albums are likely to outlive you. Deciding how to manage your digital legacy just may be your trickiest estate-planning task. You may be well aware of your assets, but what about those “digital” ones? What is a “digital asset”... Continue reading
Posted May 7, 2013 at Redlands CA Estate Planning
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IRS Dissects Trusts with Pass-Through Entities
So make sure the trustee is one of the officers of the company, which in a family business is pretty likely anyway, and you are all set right? Not so fast according to the IRS’ Associate Area Counsel who authored TAM 201317010. Trusts can accomplish many goals and, usually, can... Continue reading
Posted May 6, 2013 at Redlands CA Estate Planning
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Rising Contributions to 529 Education Savings Plans
Total assets in all 86 U.S. education savings plans - named 529 plans after a section in the Internal Revenue Code - rose 25 percent to $166 billion in 2012, according to Morningstar. Making plans for the next generation often involve planning for their education. And with educational costs rising,... Continue reading
Posted May 3, 2013 at Redlands CA Estate Planning
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The Credit Shelter Trust – An Old Standby Tool
Even if your state has no estate or inheritance tax, there are other reasons to have a credit shelter trust. Here are a few … Even amongst recent tax law changes, there are certain estate planning tools that are still good ole’ standbys for your estate plan. You just have... Continue reading
Posted May 2, 2013 at Redlands CA Estate Planning
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Have “The Talk” Before It’s Too Late
For many parents, there are few touchier subjects for wealthy families than the topic of inheritance. Don’t we all dread certain “talks” we’re supposed to have with our children? But even though we’d like to avoid “the talk” – when it comes to things like inheritance, it’s best to kick... Continue reading
Posted May 1, 2013 at Redlands CA Estate Planning
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An Executor Nightmare: One Daughter’s Experience
The fact that my life had instantly transitioned into a foreign, new reality was finally processed for me when my dad’s business partner showed me around their recycling business—a venture that I knew absolutely nothing about. Managing your own personal finances can be tough. And if you had to explain... Continue reading
Posted Apr 30, 2013 at Redlands CA Estate Planning
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Business Succession in the Form of an ESOP
Known as employee stock-ownership plans, or ESOPs, the move is being embraced by smaller firms, especially those struggling to find buyers during the weak economy. Businesses are formed in many ways, and we have come to know those varying abbreviations (S-Corp, C-Corp, LLC, LLP, LP, LTD, and so on and... Continue reading
Posted Apr 29, 2013 at Redlands CA Estate Planning
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Business Succession -- It’s Never Too Early to Plan Your Exit
There are myriad ways to begin the exit process from your business without giving up management control. [Here] are some ideas to structure for an eventual departure, without having to hand over the keys to the business right now. Business succession planning is an inevitable process, one of which needs... Continue reading
Posted Apr 26, 2013 at Redlands CA Estate Planning
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Creating a Thorough Living Will
Even if a copy of your living will ends up at the hospital with you -- that's hardly guaranteed -- doctors routinely don't know how to interpret them. They may still leave friends and family confused about what you want. End-of-life decisions are complicated, but they can be met with... Continue reading
Posted Apr 25, 2013 at Redlands CA Estate Planning
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Living Overseas Comes with a Taxing Price
So how should Americans working abroad or with a financial life in two countries manage their finances? Traveling abroad can be exhilarating enough, but living abroad comes with a whole other level of excitement … and even some hitches if you aren’t careful. If you are one of those hopping... Continue reading
Posted Apr 24, 2013 at Redlands CA Estate Planning
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Virtual Asset Protection in an Online World
Google on Wednesday became one of the first major Internet companies to put control of data after death directly into the hands of its users. Technology has changed the way we view assets, as we now have virtual assets to protect in addition to our tangible property. Our estates now... Continue reading
Posted Apr 23, 2013 at Redlands CA Estate Planning
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Don’t Forget About Estate Taxes at the State Level
Although the new $5.25 million exemption shields the vast majority of estates from federal taxes, state estate taxes are alive and well. Currently, 21 states and the District of Columbia impose some type of death tax, and most kick in at a level much lower than the fed's trigger. Capitol... Continue reading
Posted Apr 22, 2013 at Redlands CA Estate Planning
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Prenuptial Plans before the Honeymoon
Most commonly, a prenup is drawn up to protect the spouse with greater separate assets from losing an unfair proportion of that wealth if the marriage should end. Spring brings about more than just Spring showers and May flowers. Don’t forget about those Spring weddings! With many of these weddings,... Continue reading
Posted Apr 19, 2013 at Redlands CA Estate Planning
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Is Portability Really Here to Stay?
Although the new law has been hailed as a welcome relief from the old rules, it still can be deep water. Consider consulting a reliable estate-tax pro. With budget uncertainty over our heads, it’s nice to know there are some laws that are (supposedly) set in stone. The American Taxpayer... Continue reading
Posted Apr 18, 2013 at Redlands CA Estate Planning
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Obama’s Proposed Budget Goes after IRAs
The proposal is being spun as a way to prevent wealthy private-equity executives from amassing huge IRAs—like Mitt Romney’s, once estimated to be worth as much as $100 million. But it would also curb the savings ability of self-employed professionals like doctors and lawyers. As these business owners reach the... Continue reading
Posted Apr 17, 2013 at Redlands CA Estate Planning
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IRA Asset Protection Amount Raised as of April 1, 2013
Under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), the first $1 million of IRA and Roth IRA funds are protected (or exempt) in bankruptcy. This amount is reviewed every three years and increased as needed. For example, the $1 million base amount increased to $1,171,650 in... Continue reading
Posted Apr 16, 2013 at Redlands CA Estate Planning
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Uptick in IRS Audits of Estate Tax Returns
The IRS' focus on estate tax returns resulted in the collection of $1.1 million more in additional tax revenue for the 2011 tax year. Nobody wants to hear from the IRS …and I mean nobody. Typically the IRS would only contact you for an audit, which is never good news.... Continue reading
Posted Apr 15, 2013 at Redlands CA Estate Planning
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