Estate Planning

July 25, 2013

When Your Retirement Must Include a Third

Financial Planning News shared a helpful article earlier this month about a difficult situation faced by many New York families: Planning for retirement with a special needs child. If you have a child with various special needs, those circumstances must obviously be built into both an estate plan and a retirement plan.

On the estate planning side, it is important to balance the child’s need for access to public support services and the effect an inheritance may have on that eligibility. In these situations a special needs trust is often critical to meet the needs.

When it comes to retirement planning, the article shares how it is essential to fully understand the future costs for advanced medical care, physical therapy, behavioral therapy, and much more. There is a mistaken assumption that these costs only exist when the child is growing. In reality, even many adult children with special disabilities have significant needs that parents must work into their long-term plans.

July 23, 2013

The Other Side of the Coin: Managing Your Inheritance Wisely

by Ettinger Law Firm

As estate planning attorneys, we spend most of our time talking about how to structure an inheritance: putting the legal framework in place so that one can be confident that their wishes will be carried out. Professionals are eager to give advice about use of wills and trusts to save on taxes while passing on assets.

With so much focus on this aspect of the inheritance, far less guidance is given to the beneficiaries. What should you do after you receive an inheritance?

WMUR News published a helpful article last week that offers a good starting point on that very topic. The story runs through some basic tips about the next steps after receiving an inheritance. It is a worthwhile read both for those who expect an inheritance as well as for those who expect to leave one. After all, it is always possible to have discussions with family members about how you hope they use any assets they receive. In fact, the entire structure of an estate plan may change depending on how one hopes their generosity will be used by the next generation.

July 19, 2013

Sobering News from Retirement Accounts Study

by Ettinger Law Firm

Retirement saving–it is a topic on the minds of many New York families. The days of working in the same spot for several decades and then enjoying retirement on a defined benefits pension plan are long gone for most residents. With Social Security offering only the barest funds, it instead falls to everyone to take steps on their own to plan for their golden years. Individual Retirement Accounts (IRAs), 401(k)s, and similar tools are used by most to accomplish this goal.

However, the latest research on retirement trends suggest what many estate planners know: many families have no saved nearly enough to last their entire planned retirement. As discussed in a MarketWatch story this week, a new research projects gives most people less than a 50% chance of having their retirement last for 30 years. That is based on current stock and bond markets with a typical withdrawal of 4% per year (with a hypothetical portfolio of 60% bonds and 40% stocks).

In short, it is still tough out there in the world of retirement planning.

July 17, 2013

Are “Stretch IRAs” Going to be Phased Out?

by Ettinger Law Firm

Structuring an estate plan to account for taxes can be a complex task. While state and federal estate taxes make up the majority of discussion about taxation, there are other issues to consider. For example, there are ways to structure disbursement of various assets–insurance policies, retirement accounts, and more–so that Uncle Sam takes as small a bite as possible.

Adding to the complexity is the fact that laws frequently change which either open up more opportunities or take away previously available tax-saving options. For example, last week Forbes discussed a U.S. Senate vote that may eliminate a commonly-used tax strategy.

Stretch IRAs

July 15, 2013

Update: Gandolfini’s Estate Faces Huge Estate Tax Liability

by Ettinger Law Firm

Last week we discussed the recently unearthed will of former Sopranos star James Gandolfini. The document was filed with a Manhattan court late last month, with the actor’s assets being left to a wide range of people including his two children, wife, sisters, and several friends. Those earlier reports noted that Gandolfini’s assets including life insurance, real estate in Italy, and more. All told he allegedly had more than $70 million in assets.

With fortunes of that size, estate taxes are obviously an immediate concern. There are both federal and state taxes that apply to inheritances. The rates for each are different and they take effect at different income levels. Federal estate taxes apply to non-exempt assets over $5.25 million with a top rate of 40%. Alternatively, New York’s separate tax kicks in at assets over $1 million with rates between 5% and 16%.

Considering there are two levels of taxation and rates that are not trivial, it is critical to account for these potential taxes in an estate plans. Attorneys working on these issues for local residents must be intimately aware of all legal options to guard against the largest tax bills.

July 12, 2013

The Basics: A Loved One Passed Away. Now What?

by Ettinger Law Firm

Estate planning attorneys work with families before a death to ensure the legal pieces are all in place for a smooth transition of assets free of conflict, tax savings, and the carrying out of one’s specific wishes. Sadly, many New York families will lose a loved one without having conducted any planning; they are thrown into a confusing administrative situation in the midst of grief. In fact, even when one has a plan in place, there may be confusion about exactly what to do in the aftermath of a passing.

For that reason it is worthwhile to discuss the “nuts and bolts” issues following a passing. A Huffington Post article recently touched on the basic question: “What to Do When a Loved One Dies.”

For starters, immediately upon discovering the passing, the authorities must be notified. This task may fall to a family member depending on the situation. Is the death occurs at the hospital or nursing home, employees there may handle it. However, if one dies at home, the first call should be 911. Don’t forget, timing matters in this regard. For example, if the individual is an organ donor, then waiting too long may make the organs unable to be used. Of course, having conversations with family members ahead of time about organ donation wishes is imperative.

July 9, 2013

Estate Planning Tips from the Stars – James Gandolfini’s Will Filed in Manhattan

by Ettinger Law Firm

Last month many in the entertainment world were shocked and saddened by the sudden death of New Yorker James Gandolfini at the age of 51. His passing from an apparent heart attack is a somber reminder that none of us know for sure what the future holds.

This week reports were released discussing some of the estate details. Gandolfini’s will was made public and filed with a court in Manhattan. Wills are public documents when filed with the court. The only way to keep these matters private is by using trusts and other devices which transfer property automatically without the need to go through the probate process–Gandolfini did make some arrangements outside of the will that are not known publicly.

Gandolfini Will

July 5, 2013

The Unanswered Questions Following the DOMA Decision

by Ettinger Law Firm

It will take some time for all of the implications of the Defense of Marriage Act (DOMA) Supreme Court decision to be fully understood. Over the past week we discussed a few of the most critical effects on estate planning for New York married same sex couples.

All those wondering about the grey areas that remain when it comes to the ruling should browse a recent Forbes article on that situation. It offers a helpful overview of the remaining question marks that will likely be shaped by political, judicial, and administrative actions over the next few months and years.

Most notably, there remain somewhat murky questions about what happens when couples move between states. This is not some isolated worry, as it is quite common for a couple get married somewhere and move away for any number of reasons: job, family, adventure, etc. Married New York same sex couples must be very careful about their situation to ensure they do not lose their rights upon leaving.

July 2, 2013

Michael Jackson Estate Saga Continues — $500 Million in Debt Paid Off

by Ettinger Law Firm

When someone passes away, the basic principles of settling the estate seem straightforward: collect assets, pay off debts, and distribute what is remaining per the deceased’s wishes. While that cursory sketch appears easy enough, in practice, dealing with these matters can take years, have a significant cost, and result in prolonged disagreement, destroyed relationships, and even legal battles.

As always, a high-profile celebrity example offers a helpful look at how it plays out in the real world.

The Las Vegas Sun recently reported on the latest in the prolonged battle related to famed pop star Michael Jackson’s estate. The singer died over four year ago, but from most reports the matter is nowhere near being resolved. For one there, there is still pending litigation related to the billion-dollar tour production Jackson was set to complete just before his passing.

July 2, 2013

Per Stirpes – What Is It?

by Ettinger Law Firm

If you read a bit about estate planning you may come across the term “Per Stirpes.” It is an awkward phrase to say, and there is little reason to use it outside the context of inheritance planning. It comes up when one lays out their inheritance designations, perhaps with a phrase like, “Fifty percent of the estate to Bob and Tom per stirpes.” Similarly, it may be written as “by representation.” This usually refers to the same thing.

So what is it? The short answer: Per Stirpes is Latin for “by the roots.” But that translation doesn’t help much. What it means in estate planning terms is that if the beneficiary dies then their descendants will get their share of the estate.

For example, say that the estate is worth $100,000. Per the terms of the will 50% of the estate should be split between Bob and Tom, with each getting $25,000. But what if Tom is not alive when he is set to receive that inheritance? Does Bob get his share instead? If the will stated that Bob and Tom were to receive their share on a per stirpes basis then the answer is No. Bob would not get the extra share. Instead, that share would go to Tom’s descendants–his own children. If Tom had one child, that child would get $25,000. If he had two children, then those children would split the $25,000.