Happy New Year – 2021! Now, Let’s Discuss Taxes!

The IRS has increased exemptions for 2021, which could be helpful to you. Specifically, the federal estate tax exemption has increased to $11.7 million (up from $11.58 million in 2020.) This is the amount you can transfer at your death or (as a lifetime credit) transfer as a gift during your lifetime (less gifts you have already made). As this tax exemption sunsets at the end of 2024 and returns to 2017 exemption amounts ($5.49 million), the current exemption presents an estate planning opportunity for you.

The annual gift tax exclusion amount remains $15,000 in 2021.

Happy Holidays & Farewell, 2020!

The holidays have arrived and the new year will be soon upon us. Safe to say, many of us are ready to say goodbye to 2020!

As you make your list of plans and goals for 2021, it may be time to put an estate plan in place or revisit your existing plan. We are able to meet via videoconference, from the safety of your home. And we can assist you with remote signing of documents. Contact us to discuss how we can help you in 2021.

New Years Resolutions?

Is an estate planning tune up on your list of New Years Resolutions?

If yes, you’re in good company!

Check out this fun “punch list” from Above the Law: Estate Planning Resolutions For 2019: How To Be A Grown-Up In The New Year.

This is a great list and includes items I’ve written about here and here.  A short summary of their list:

  1. Write a Last Will and Testament.
  2. Make a Power of Attorney.
  3. Execute a Health Care Proxy.
  4. Purchase a life insurance policy.
  5. Check beneficiary designation forms.
  6. Consider long-term care and disability insurance.
  7. Consult with a financial advisor.
  8. Talk to your parents and grandparents about their estate plans.
  9. Consider burial options.
  10. Inventory your assets.

Estate Planning Considerations for Mothers

How should a mother provide for her children in her will?  A recent article asks this question, pointing out that many women live alone and need to make decisions on their own, and not with a spouse or partner, regarding their estate planning, finances, and inheritance for their children.

“There are 26.7 million women who are aged 65 or older, according to the 2016 profile of older Americans by the U.S. Department of Health and Human Services. Nearly half (46%) of women who are aged 75 or older live alone. These women have homes, financial resources and children, requiring them to make these decisions on their own.”

The author points out that a mother’s desire to treat her children “equally” in her estate planning, may not match the realities faced by her children.  “For many, dividing the inheritance equally among their offspring is a deeply held value. But it isn’t always easy: What if one child is a successful professional with a good pension plan, and the other is a struggling artist who may never have adequate health coverage? Or perhaps one daughter has a special-needs child, and the other has chosen not to have children? What then is the process of balancing their value of equal distribution and the contradictory need to make financially realistically decisions?”

 

Estate Planning Under New Tax Law

With the new tax law, and the Federal Estate Tax exemption at more than $11 Million per person, the question arises: Is Estate Planning Now Dead?

The answer is without question: No, estate planning is certainly not dead!  Planning is as important as ever.  The change in tax law merely provides an opportunity to focus on other priorities, including providing for care and protection of minor children, determining the right decision makers, and achieving charitable and family goals.  The list of planning considerations is as diverse and as unique as each individual, and the for those who no longer planning around the Federal Estate Tax, this is a great opportunity to make sure other planning objectives are achieved.

Finally Writing a Will

Here’s a journalist’s take on getting (his long put off) estate planning documents in place:

What it was Like to Finally Write My Will, by John Schwartz.

And here’s Mr. Schwartz’s “To Do” list from this piece.  Of course, I recommend always having a lawyer prepare your documents!

“Get a will. Really. Dying without one — “intestate” — is a drag for everyone.

Get a lawyer. Unless your life is wonderfully uncomplicated, you’ll want the help of an adviser. Even if you do it yourself, have an attorney look over your work.

Decide on your beneficiaries, and make sure your insurance policies and other investments are in agreement with what your will says.

Name an executor. It’s a tough and thankless job, so get someone with good judgment; this person can be paid out of your estate.

Got young kids? Name a guardian. If not, the courts will appoint one; why not take care of this essential matter ahead of time?

Secure your paperwork. Once the documents are done, put them in a safe place and make sure your relatives know how to find it.

Revisit it every five years. The world changes; your will should, too.”

This is a great starting list, but I also add:

Get Advanced Directives.  Have decision makers in place in the event of incapacity.

Put a Trust in Place for Minors.  Make sure you protect your children’s inheritance until they are at mature ages.

Do You Have A Will?

If the answer is “no,” a recent survey shows that you are not alone.  Only 4 in 10 American adults have a will or trust in place.  While older Americans are more likely to have a plan in place (81 percent of those age 72 or older and 58 percent of boomers), younger Americans, including those at ages of having minor children, are much less likely to have a plan.  A “a whopping 78 percent of millennials (ages 18-36) and 64 percent of Generation Xers (ages 37-52) do not have a will.”  See this AARP article for more information about the survey results.

 

An Estate Planning Reminder for Parents with Minor Children

I just tweeted an article by a Boston financial planner, Dee Lee, who discusses the importance of parents with minor children getting their estate plans in place.  I strongly feel that setting up an estate plan with protections for minor children is just as important as the other aspects of parenting for which we take so much care and concern.  I have written about this here and here.   Just like finding the right pediatrician, car seat, and child care, an estate plan is an essential protection for your children.  This writer said it so well, that I am posting here some highlights — and  a good reminder — from her article:

“Experts estimate that less than 35% of individuals have wills. This is one thing people procrastinate about, especially parents with young children.

These parents are focused on the safety issues around their home to keep the kids safe but have not done any estate planning to keep the kids safe if something should happen to them.

At the very least, you need a will naming guardians for your children if something should happen to you and your spouse.

Without a will you are leaving behind a messy situation to be handle by whoever the court appoints. And if there is life insurance involved I can guarantee even your cousin Vinny will offer to take the kids.”

By Dee Lee, Where There’s a Will, There’s A Way, August 27, 2015

 

 

A Celebrity’s Daughter’s Death and Estate Planning for Young Adults

A few weeks ago, I wrote about the importance of having your now adult child get his or her estate planning documents prepared.  The idea may seem unnecessary at first blush — your now 18 year old (or twenty-something) “adult” child has just reached the legal age of adulthood and likely has yet to accumulate significant assets.  He or she may in many ways seem still like a child to you, and not yet ready for important adult documents.  However, under the law, they are adults, and you are no longer their default decisionmaker nor are you automatically granted access to your adult child’s medical records.  This is an important time for your child to designate whom he or she wishes to make these types of decisions.

A celebrity death serves as reminder to us of all the necessity of getting these documents in place.  Bobbi Kristina Brown, the twenty-two year old daughter of Whitney Houston and Bobby Brown, died recently after several months in a comatose state.  You can read more about the tragic story here and here.  Unfortunately, her lack of incapacity planning documentation and resulting legal protections (not unusual, given her age) resulted in a family legal fight during her incapacity.  A reminder to talk with your young adult children about the necessity of getting, at a minimum, their incapacity documents in place under the counsel of an estate planning attorney.

Health Care Representatives for Minor Children

It’s the stuff of parents’ worst anxieties when headed out of town for business or vacation, leaving their minor children at home in the care of a friend of family — their child is injured or becomes sick in their absence. Imagine, leaving with your spouse on a long-planned vacation, many states away or even out of country, leaving your children safely in the care of beloved grandparents. But, life happens, and one child breaks his arm at baseball practice, while you are thousands of miles away and cannot immediately return home. Grandma takes your son to the hospital, where all but necessary emergency treatment is denied because Grandma does not have legal authority to grant treatment on behalf of your minor child. You call the hospital in attempt to authorize treatment, but unfortunately, the hospital will not accept your verbal authorization, requiring a written authorization, properly executed and witnessed. After many phone calls, a faxed authorization form, and locating witnesses in your hotel lobby, hours after the accident you occurred, you finally get the documentation required by the hospital to proceed with treating your son. Unfortunately, I have heard first-hand stories of a real life occurrences of this very scenario.

This anxiety producing scenario can be avoided with advanced planning. Execute an Appointment of Health Care Representative for Minors, authorizing a trusted family member or care giver to make health care decisions in the event that you can not make these decisions for your minor child. I recommend that parents with minor children consider including preparation of an Appointment of Health Care Representative for Minors as part of their estate planning package.