The Counselor Blog
Advance Health Care Directives/Legal Wills are a Critical Component of Estate Planning
March 31, 2012 marked the seventh anniversary of the death of Terri Schiavo, the 41-year-old who succumbed after her feeding tube was removed as part of a very public legal battle between her husband and parents.
State Estate Tax
Last year Ohio abolished its estate tax, joining the 28 other states that do not impose such a tax at death. Indiana's legislature recently passed by big margins a bill to phase out its death tax by 2021, and Governor Mitch Daniels signed it this week. Heated debates are going on in Tennessee and Nebraska over the issue. Even in Oregon taxpayer groups are attempting to put an initiative on the November ballot to abolish the death tax, and polls show it could win.
Blended Families and Estate Planning
Most parents want to ensure that at least some of their assets will pass to their children. However, with blended families absent good estate planning, there is no guarantee that their children will inherit their assets.
Testing Your Intent - 350 Years Later
In a great story from the Wall Street Journal we are reminded again of the importance of well thought out and clear planning. See: Testing Donor’s Intent, 350 Years Later.
Fiscal Year 2013 Budget Proposal
On February 13, 2012, President Obama released his fiscal year 2013 budget proposal for the fiscal year beginning October 1, 2012. This budget contains several long-standing proposals – as well as some new ones – that would impact estate planning significantly.
Bill Seeks to Eliminate Stretch IRA
Sen. Max Baucus, D-Mont., chairman of the Senate Finance Committee has added a provision to The Highway Investment, Job Creation and Economic Growth Act of 2012 that will reduce the value of inherited IRAs.
Planning Opportunities Available to ALL Families
With the $5.12 million per person exemption from federal estate tax ($10.24 million for married couples), most of the estate planning “talk” recently has been on the planning opportunities available to affluent families. However, the need for estate planning remains for everyone. A recent Forbes article suggests “common sense” guidelines for determining the extent one needs an estate plan.
Where is the Will?
While having sound documents is important, the wonderful plan you created is of no use if no one can find it. Judging from the inquiries I often see it is not uncommon for people to pass without having informed anyone of the location of their estate planning documents or the attorney who prepared them.
Who Gets the Cabin this Weekend?
One of the planning challenges we often run into is planning for the family cabin or vacation home. Often there are strong emotional ties to the vacation home by all of the children. But who gets to use the home when and who pays how much for property taxes and other expenses can often lead to significant conflicts.
Most Ridiculous Lawsuits of 2011
As I was preparing over the last few days for an upcoming presentation to the local Rotary Club on the “Seven Levels of Asset Protection” I came across a list of the Most Ridiculous Lawsuits of 2011.
When Good is Good Enough
If you read business books of any kind you will quickly come across the idea from Jim Collins’ book Good to Great that good is the enemy of great. But I was struck again this week as I read an article in Smart Money magazine by Glenn Ruffenach titled “Some Long-Term-Care Insurance is Better than None” that the “good is the enemy of great” axiom doesn’t always hold true. This is especially true in the realm of planning.
Kobe's Mistake
Given Kobe’s current worth of approximately $150 million, a lack of planning will probably cost him dearly. Without a pre-marital or post-marital agreement and the fact that he lives in a community property state, it is likely his ex-wife will end up with half of his fortune.
The American Family Farm and Ranchland Protection Act
Legislation aimed at reducing the barriers to pass family farm and ranch ownership to future generations has been introduced in the U.S. Senate by Idaho Senator Mike Crapo and Senator Mark Udall (D-Colorado).
Estate Tax Battle and the Family Farm
Josh Rolph, director of international trade, farm policy, taxation and plant health for the California Farm Bureau Federation stated in a recent article in AgAlert: "The message we have sent to Capitol Hill is that the estate tax unfairly hits farm estates due to the way the assets are held and the intrinsic value placed in maintaining the family farm."