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Showing 35 posts tagged estate planning.
My Spouse is Gone, But is the Debt?
After a divorce, the last thing one wants to consider is the debt that their former spouse may have left behind. In Kentucky, debt accumulated during the marriage is treated differently than property acquired during the marriage. Kentucky is a marital property state, meaning that property acquired during the marriage is subject to equitable distribution. On the other hand, according to the Kentucky Supreme Court, there is no statutory presumption that debts incurred during the marriage are marital or non-marital in nature. More >
A Winning Estate Planning Team
The Sochi Winter Olympics are in full-swing and, with them, a spirit of solidarity. There is something special about the Olympians' demonstration of sportsmanship, camaraderie, and mutual respect for one another that is inspiring. As I was watching the coverage over the weekend, I began thinking about teamwork and how it relates to my role as an estate planning attorney. More >
Show Me the Money: When Can I Expect My Tax Refund?
Tax filing season got a late start this year thanks to the 2013 government shutdown; the IRS pushed back its official return acceptance date from January 21 to January 31. Now that IRS is accepting returns, when can taxpayers expect to see their refund? More >
Understanding the Additional Medicare Tax and Medicare Surtax on Net Investment Income
The IRS began accepting 2013 tax returns today. Over the past year, there has been a lot of debate about the impact of the 0.9% Additional Medicare Tax and the 3.8% Medicare surtax on net investment income ("surtax") , but taxpayers may not have paid much attention to the new taxes...until now. More >
Five Tips for 2014
New Year's resolutions. We all have them; not all of us keep them. As an estate planning attorney, I am constantly advocating for the planning of the future today. The unexpected can happen at any time, so it is important to plan today for what may happen tomorrow. Something about the start of a new year makes us all want to tackle a new project, whether it is weight, organizational skills, a relationship, or whatever else that has been nagging at us for way too long. More >
The Role of Appraisals in the Inventory Process
Settling a loved one's estate after their passing can be an overwhelming process. In Kentucky, the first step involves filing a petition to do one of three things: (1) probate the will; (2) appoint an administrator/administratrix (if no Will exists); or, (3) appoint an executor/executrix (if a Will does exist). Within the same form, the petitioner must also include fair market value estimates of the decedent's real and personal property. More >
The Gift of Education
Many grandparents want to enrich the lives of their grandkids, but are not sure the best way to accomplish this with their estate plan. I encourage clients to consider helping their grandchildren with the future costs of education. The proper planning can help grandkids avoid hefty loans and be tax-efficient for the donor. More >
What is an Irrevocable Life Insurance Trust?
Life insurance is an important estate planning tool; however, life insurance proceeds can be quickly diminished by taxation. This is due to the fact that a policy's face value is often included in a decedent's taxable estate. For instance, if you own a life insurance policy with a face value of $2 million dollars and you have other assets valued at $4 million dollars, then at the time of your death your estate would be valued at $6 million dollars. Your heirs would be exposed to estate tax liability on the amount exceeding $5.25 million dollars, the current estate tax exemption, (which is always subject to change). Notwithstanding these facts, proper planning can protect life insurance proceeds; one way to minimize the threat is to create an irrevocable life insurance trust ("ILIT"). More >
Key Considerations in Your Family Business's Succession Planning
According to Forbes magazine, family businesses are responsible for 50 percent of the U.S. gross domestic product. Moreover, they account for 80 percent of all new job opportunities and make up 60 percent of all American jobs. Some 35 percent of Fortune 500 companies are still family firms. More >
The IRS/Treasury Department Announcement & Estate Planning
On August 29, 2013, the Treasury Department and the Internal Revenue Service ("IRS") issued Revenue Ruling 2013-17. The ruling establishes that the IRS will recognize same-sex marriages for all federal tax purposes regardless of where the couple lives, as long as the couple was married in a jurisdiction that recognizes such marriages. So, for example, if a couple was married in Connecticut (a recognizing state), but now live in Kentucky (a non-recognizing state), they will receive the same federal tax treatment as heterosexual couples residing in Kentucky. The ruling clarifies that a "state of celebration" approach will be used versus a "state of residence" rule. Treasury Secretary Jacob J. Lew says the decision "[a]ssures legally married same-sex couples that they can move freely throughout the country knowing that their federal filing status will not change." It is important to note that, according to the ruling, "marriage" does not include a registered domestic partnership, civil union or other similar arrangement. The ruling applies to all federal tax provisions where marriage is a factor, including: filing status, estate tax exemptions, personal and dependency exemptions, the standard marriage deduction, IRA contributions, earned income tax credits and employee benefits. More >
