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Will Medicaid Count Your IRA or Pension Plan Against You, if You Need Long Term Care? Cattle Ranchers Try to Corral Congress, and Federal Estate
Meanwhile, Socialist Senator Bernie Sanders of Vermont is proposing reinstatement of the estate tax that was in effect in 2009 – a $3.5 million per person exemption and 45% tax rate on estates – but would apply higher tax rates to estates over $10 million. >> Read the Sanders bill. Until Congress takes action to resolve the current estate tax turmoil, a "carryover basis" now applies to estates for deaths occurring on or after January 1. The Wall Street Journal lists the notable people who potentially leave tax-free estates this year, and asks whether life sustaining treatment decisions will turn on estate tax indecision in Congress. Who needs Estate Tax Planning in 2010? People who have formula clauses in wills and trusts using estate tax or Generation Skipping Tax terms such as "the applicable exclusion amount," or "the marital deduction." If a person dies during 2010 these formula clauses could have unintended impact the amount that will pass under a will or trust to a person's spouse and children.• Estate and Gift Tax Basics • Federal Estate Taxes in 2010 and Beyond • Massachusetts Estate Tax • Marital Deduction Planning If a married couple has a Marital Trust/Bypass Trust Plan (also known as an A/B plan) and the wording of the trust document leaves all the assets to the bypass trust, the surviving spouse could be cut out of the estate plan! Standard formulas written into many estate plans would leave spouses with nothing. For example, the will of the deceased spouse may allocated a maximum amount that can pass free of estate tax to a trust benefiting other family members, leaving only the residual to the surviving spouse. Because there is no estate tax during 2010, this planning defect would cause problems for the surviving spouse. |
Our Summertime Email Update covers Vacation Homes, and Medicaid Rules for Individual Retirement Accounts. Call us at (413) 567-5600 for an appointment to review and update your estate plan.
Click for links to articles on Wills and How to Avoid Probate
• Basic Documents: The Simple Will • Fact Sheet on Power of Attorney and Health Care Proxy • How An Elder Law Attorney Prepares a Will that Protects Your Interests • Behavior that Justifies a Will Contest • Estate Planning and Avoiding Probate: Techniques That Can Save Time and Money • Cases Where Avoiding Probate Caused Costly Problems
Information on Trusts:
Reduce or eliminate estate and income taxes, protect the estate from creditors, and properly distribute assets to estate beneficiaries Click for Estate Settlement Articles
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Residential real estate is often the most valuable asset to consider during estate planning, and estate settlement. We handle all types of residential real estate conveyances and closings Click for Real Estate Links and Resources Inside • Buying or Selling a Home in a Buyer's Market. Listen to our clients explain their experiences • Checklist for Selling Your Home • Shop for the Best Mortgage - Links and Contact information to Compare Lenders Rates and Fees • The Principal Residence Exclusion, and other Income Tax and Property Tax Advantages to Home Ownership • Investing Real Estate in a Self-Directed IRA – A Path to Real Retirement Plan Diversity Continuing Legal Education Course Outline: |
The Federal Estate tax is repealed, but unless Congress does something soon, the tax will return next year to the pre-2001 levels: estates worth more than $1 million pay a 55 percent tax.