Divorcing couples likely feel relief once they learn that the court has signed an order legally ending the marriage. However, just because the order is signed does not mean the divorce process is done – new deeds need to be recorded, mortgages assumed by one party or the other, credit cards paid off and closed, […]
While an inheritance is often considered a gift by the recipient, from a tax perspective, there optimal ways to inherit a retirement account. From the language used to designate the beneficiaries to important IRS-imposed deadlines, the manner in which a retirement account is inherited can significantly affect its value. If you are the beneficiary of […]
Bucket Lists have grown in popularity in the last few years. While it might seem important that you go skydiving, and swim with the dolphins before you die I would suggest taking a look at the below list and giving these items priority. Many of these items have been discussed in detail in other posts […]
An individual retirement account (IRA) is typically established in one of two ways. As a custodial account, where the bank or financial institution is simply acting as a fiduciary and must follow the directions of the account owner (including the instruction to cash out the entire balance). An IRA can also be held in trust (the […]
On June 12, 2014, the U.S. Supreme Court ruled on a divisive bankruptcy and estate planning case. At issue was whether an individual retirement account (“IRA”) that a debtor inherited was exempt from the debtor’s bankruptcy estate under the Bankruptcy Code. The Bankruptcy Code permits a debtor to protect assets that are in a “retirement […]
This is somewhat correct: I clearly remember reading anomalous cases in law school about concepts like Holographic Wills and whether something as simple as “I leave everything to my wife” is a Will. A gentle reminder: I was reading these stories in a case book, which means these were matters that wound up being litigated. […]
Recently, Joe Larson wrote about what to do when you’ve been terminated by your employer and what your rights are with respect to your personnel file. It raises a reminder that whether you have been laid off, terminated or voluntarily opted to leave your job you shouldn’t forget about your 401(k) when you move on. […]
There are a few items we wanted to remind you about as we wrap up the end of the year and look towards 2014. In no particular order they are: 1. Don’t forget that Minnesota has a gift tax! This gift tax applies to anything given over $1 million in a person’s lifetime (excluding gifts […]
A while back I introduced the topic of Revocable Trust versus a Will. This post explores the first consideration in making this decision … what type of assets do you own, how are they owned and how do you feel about probate.
One of the most commonly overlooked items I see in client’s estate plans and during probate administrations is retirement accounts and their beneficiary designations. I think this has to do with the cumbersome nature of updating beneficiary designations. You call the plan administrator or custodian who sends you paperwork with tiny print and all sorts […]
Only wealthy people benefit from the “loophole” anyways. Retirement plans were never intended to be an estate planning tool. It won’t impact me. I don’t care. These are some of the comments in the press right now regarding proposed legislation to end the ability of heirs to take inherited IRAs out over their life expectancies […]