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...]
Exciting News! We are now Litherland, Kennedy & Associates, APC, Attorneys at Law
We are happy to share the exciting news that effective January 1st the new name of our law firm is Litherland, Kennedy & Associates, APC, Attorneys at Law.Justin has worked closely with Roy W. Litherland for the past 7 years as an Associate Attorney, is certified as a legal specialist in Estate Planning, Trust and Probate Law by the California State Bar Board of Legal Specialization and has been actively educating our clients and community on estate planning and elder law issues through … [Read more...]
Naming a Trust as Beneficiary of an IRA
Blog Author: Stephen C. Hartnett, J.D., LL.M. (Tax), Director of Education,American Academy of Estate Planning Attorneys, Inc.With IRAs and Qualified Plans, after the death of the “Participant” (the lifetime owner), there are required minimum distributions based on the life expectancy of the beneficiary. Often, people think that an individual must be named as the beneficiary of the retirement assets in order to use the beneficiary’s life expectancy and to prevent a forced faster … [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...]
Being Thankful and Sharing Your Blessings
Blog Author: Stephen C. Hartnett, J.D., LL.M. (Tax), Director of Education,American Academy of Estate Planning Attorneys, Inc.As we gather around the Holiday table, we see the faces of our loved ones and we contemplate how grateful we are for them and for all our blessings.“We must find the time to stop and thank the people who make a difference in our lives.” – John F. Kennedy, 35th President of the United States.“If you are really thankful, what do you do? You share.” — W. Clement … [Read more...]
