When you are evaluating any potential estate tax exposure you may have, you should understand the fact that the value of your home is certainly going to count. Who Is Exposed? How do you know if you are exposed to the estate tax or not? There is a federal estate tax exclusion or credit. In 2014 the amount of this exclusion is $5.34 million. A base of $5 million was put into place for the 2011 calendar year. It is annually adjusted for inflation. Next year you may see a slightly higher figure … [Read more...] about What Is a Qualified Personal Residence Trust?
Is Probate Always Required?
It can seem as though the utilization of a last will is the simplest and most efficient way to transfer assets. A trust can seem like something that is much more complicated. In fact, when you use a will, the heirs to the estate don't receive their inheritances until the estate has been probated. The probate court supervises the administration of the estate unless you take steps to avoid probate. There is a caveat to the above. In the state of California there are some probate shortcuts that … [Read more...] about Is Probate Always Required?
Why Should I Consider a Living Trust?
You have various different options when you are planning your estate. You can use a last will to record your final wishes regarding the transfer of your property, but it is not your only choice. Even if you are not wealthy, you may want to consider the creation of a revocable living trust as a vehicle of asset transfer. Probate Avoidance Probate is a legal process. When you use a last will to direct the transfer of your property, the will must be admitted to probate. During probate the court … [Read more...] about Why Should I Consider a Living Trust?
When Do I Need a Special Needs Trust?
They say that you should use the right tool for the right job. This comes into play when you are planning your estate. There are various different legal devices that can be used to arrange for the transfer of assets to others. You should become apprised of your options and make the optimal choices. With this in mind, let's look at special needs trusts. People With Disabilities & Medi-Cal People who have disabilities often rely on government programs, and Medi-Cal is one of them. Medi-Cal … [Read more...] about When Do I Need a Special Needs Trust?
What Is the Nomination of a Guardian?
Parents of minor children should certainly take action when it comes to estate planning. Statistics tell us that younger adults are quite remiss when it comes to the execution of estate planning documents. They may have some reasons that make sense to them, but you put your children at risk when you do not take preventative measures. Nominating a Guardian One of these preventative measures would be the nomination of a guardian. You can nominate a guardian when you are drawing up your last … [Read more...] about What Is the Nomination of a Guardian?
Should I Create a Joint Tenancy With My Child?
Joint tenancy is the condition of co-ownership of property. Joint tenancy with right of survivorship allows the surviving joint tenant to inherit the entirety of the property that was held in joint tenancy. The transfer takes place outside of probate. This can seem like a viable estate planning solution. Let's say that you want to leave your home to your son after you die. You could add your son to the deed of your home, making him a joint tenant. After you die, he would assume ownership of the … [Read more...] about Should I Create a Joint Tenancy With My Child?
Can I Give Tax-Free Gifts to My Children?
When you hear about the existence of the federal gift tax, you may wonder if it is possible to give tax-free gifts to your children. The answer is yes and no. A Look at the Gift Tax The gift tax exists to close a loophole. The estate tax was first implemented in 1916. Originally, there was no gift tax to go along with it. As a result, people who were exposed to the estate tax gave away assets while they were living to avoid the death tax. As a response, the gift tax was implemented a few … [Read more...] about Can I Give Tax-Free Gifts to My Children?
Register Now for Free Estate Planning and Elder Care Seminars and Workshops
We make an effort to provide estate planning and elder care information to people here in the greater San Jose area on an ongoing basis. On the electronic level we maintain this blog and make sure that it is updated regularly with useful content. In addition to the blog, our website has a section that contains a rather extensive library of free special reports. The special reports examine various different aspects of estate planning and elder care, and you can download as many reports as you … [Read more...] about Register Now for Free Estate Planning and Elder Care Seminars and Workshops
What Are the Drawbacks of Probate?
When you use a last will to record your final wishes, the executor or some other person close to you must admit the will to probate. Probate is a legal process that the estate must pass through before the heirs receive their inheritances. There are certain drawbacks that go along with the probate process. For this reason many people implement probate avoidance strategies. In this post we would like to look at three of the drawbacks of probate. Loss of Privacy The first drawback of … [Read more...] about What Are the Drawbacks of Probate?
Do I Pay Taxes When I Inherit Money?
Since you pay taxes on income, you may wonder if you have to report an inheritance that you may receive when you file your income tax returns. The answer is no, in general your inheritance will not be subject to income taxes. However, if you inherited something that subsequently appreciated, the appreciation could be taxable. As the recipient of the inheritance, you don't have to pay income taxes. But, taxation can be a factor when you look at the big picture. There is an estate tax in place, … [Read more...] about Do I Pay Taxes When I Inherit Money?
