by Justin M. KennedyLitherland, Kennedy & Associates, APC, Attorneys at LawThe IRA has announced the new Estate Tax Exemption amount (hereinafter “Exemption amount”) for 2020. The new Exemption amount will be Eleven Million Five Hundred and Eighty Thousand Dollars ($11,580,000). This Exemption amount is per U.S. Citizen – meaning a married couple may pass over Twenty-Three Million dollars Estate Tax free ($23,160,000 in 2020).To provide historical context, in 2002 the Exemption … [Read more...]
Beneficiary Designations, etc., Aren’t a True Substitute for a Trust
Blog Author: Stephen C. Hartnett, J.D., LL.M. (Tax), Director of Education,American Academy of Estate Planning Attorneys, Inc.TOD (Transfer on Death) designations, POD (Pay on Death) designations, and beneficiary designations can be useful in the right circumstances. Each of these tools allows for an automatic transfer to the named beneficiary at the death of the owner. But these tools can have a few shortfalls. First, if the named person predeceases the owner, typically it will not be … [Read more...]
The Little Things May be the Most Important
Blog Author: Stephen C. Hartnett, J.D., LL.M. (Tax), Director of Education,American Academy of Estate Planning Attorneys, Inc.Often, the smallest things have the most sentimental value. Your grandmother’s silverware or your grandfather’s railroad watch could connect you to them in a special way. Your mother’s ring or your father’s Boyscout bugle could hold a special place in your heart. Your sports memorabilia could connect you to one of your children in a unique way. You may want those … [Read more...]
Tax Tips after New Year
Blog Author: Stephen C. Hartnett, J.D., LL.M. (Tax), Director of Education,American Academy of Estate Planning Attorneys, Inc.The ball has dropped in Times Square and we’ve bid farewell to 2018. But there are still a few things we can do to adjust our tax liability for 2018 before filing tax returns on April 15.First, you’ll need to organize all your tax records. That way, you’ll have some idea of what your tax liability might be. After you’ve organized your tax records, if you find you … [Read more...]
Good News for those interested in Medi-Cal Eligibility who have 529 Education Accounts
by Justin M. KennedyLitherland, Kennedy & Associates, APC, Attorneys at LawEffective January 1, 2019 the principal and interest of 529 education accounts (college savings plans) are exempt assets for Medi-Cal eligibility purposes (AB 1785).Let’s look at an example:Ten years ago, Margaret set up 529 education accounts for each of her four grandchildren and each year Margaret deposited $5,000 per grandchild into the 529 education accounts. Currently, these 529 education accounts … [Read more...]
Selecting an Agent
Blog Author: Stephen C. Hartnett, J.D., LL.M. (Tax), Director of Education,American Academy of Estate Planning Attorneys, Inc.A Secret Agent may be very important to protecting the nation. Your Agent is just as important for your protection. An Agent is the person who makes financial decisions for you under a Financial Power of Attorney or makes medical decisions for you under a Health Care Power of Attorney. The Agent under your Financial Power of Attorney may act for you when you aren’t … [Read more...]
SALT and Non-Grantor Trusts
by Justin M. KennedyLitherland, Kennedy & Associates, APC, Attorneys at LawAs we start a new tax year, it may be time to revisit some of the provisions of the Tax Cuts and Jobs Act, which increased the standard deduction to $12,000 per person or $24,000 per married couple. For those who do not itemize their deductions, this may be great news. However, for those who do itemize, there may be some significant tax consequences in the new law. The new law included a deduction cap of ten … [Read more...]
Medi-Cal and Disaster Payments
by Justin M. KennedyLitherland, Kennedy & Associates, APC, Attorneys at LawWhat if a fire or other natural disaster hit your home or a loved one’s home? Could this result in Medi-Cal disqualification? Let’s discuss.The home of the Medi-Cal recipient is an exempt asset, meaning the recipient may keep their home while receiving Medi-Cal. If the home is sold, the proceeds from the sale could result in Medi-Cal disqualification. But what if that home rather than being sold, … [Read more...]
Turning the Page on 2018 and Looking Forward to 2019
Blog Author: Stephen C. Hartnett, J.D., LL.M. (Tax), Director of Education,American Academy of Estate Planning Attorneys, Inc.There are a few changes for 2019. Going into 2018, there were many changes because of a new tax law, commonly known as the Tax Cuts and Jobs Act, which impacted both the estate tax and the income tax. But, there are few changes heading into 2019. It appears things are relatively stable, taxwise, at least for now. Of course, the estate and personal income tax portions … [Read more...]
QDRO: Not Just for Divorce Anymore
Blog Author: Stephen C. Hartnett, J.D., LL.M. (Tax), Director of Education,American Academy of Estate Planning Attorneys, Inc.Transferring an ERISA account, like a 401(k), from one spouse to another can have substantial tax benefits, by delaying Required Minimum Distributions or avoiding early withdrawal penalties. However, one cannot simply transfer an account from one spouse to another under most circumstances without triggering adverse tax consequences. A Qualified Domestic Relations … [Read more...]
