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Wills & Trusts

We offer a complete estate planning service and business succession counseling, featuring living trusts and probate avoidance where appropriate, including preparation of wills, trusts and family limited partnerships.

Wills are are the traditional means of passing property upon death. Other methods include use of living trusts, other kinds of lifetime giving and certain forms of joint ownership. This section focuses its discussion on trusts. Elsewhere we discuss joint ownership and wills and compare the use of a trust to the use of a will. Because this area of the law is complex, an attorney should always be consulted before making a decision as to whether a trust or a will is right for you.

Our estate planning service provides analysis and development of a specific plan that is tailored to the client's individual needs, rather than prescribing the same plan for everyone.

Because everyone's situation is different, we approach each estate planning case with the specific situation and goals of the individual in mind. In some cases, proper disposition of property upon death is the paramount concern, while in others the foremost objective might be reduction of taxes, assuring sufficient estate liquidity or guardianship/custody of minor children. There may be business interests that require careful succession planning.

The principle document that we prepare in many plans is the will. The primary function of the will, of course, is to provide for the disposition of property of the person making the will (called the "testator"). Of equal importance, the will also designates the person ("executor" or "personal representative") who will settle the testator's estate after death, and if there are minor children, nominates an individual to serve as their guardian.

One of the things that we may seek to accomplish through the planning process, where appropriate, is the avoidance of the probate process entirely through the judicious use of such devices as joint tenancies, POD accounts and so-called "living trusts."

Living trusts are often used to provide for dependents who have special needs. In these cases, the aim is to provide the dependent's caretakers with the resources to bestow life-enhancing benefits upon the dependent without disqualifying him or her from need-based entitlement programs such as SSI and medicaid. For more information, click this Link.

Link: More About Planning Your Estate

Link: Frequently Asked Questions.


Benefits of a Living Trust

. Avoids probate at death, including multiple probates if you own property in other states
. Prevents court control of assets at incapacity
. Brings all your assets together under one plan . Prevents court control of minors' inheritances
. Quicker distribution of assets to beneficiaries
. Assets can remain in trust until you want beneficiaries to inherit
. Provides maximum privacy
. Difficult to contest
. Can be changed or cancelled at any time
. Can reduce or eliminate estate taxes 
. Prevents unintentional disinheriting and other problems of joint ownership, especially in blended families
. Can protect dependents with special needs. More information.
. Professional management with corporate trustee if desired
. Inexpensive, easy to set up and maintain
. Peace of mind


     Many of our clients are able to avoid the expense and delay of probate by choosing one of our living trust plans.

     We offer complete living trust plans from $590. Our lowest cost plan includes:

. simple pour-over will;

. title holder or residence trust;

. living will;

. health care power of attorney; and

. financial (durable) power of attorney.

     Of course we also offer other estate planning services ranging from simple wills to complete living trust packages tailored to your individual needs.

     Call now to arrange your free in office consultation to discuss whether a low cost living trust is suitable for your needs!

Link: More Information on Living Trusts

 

 

 

 

 

 

 

 

 

 

 

 







 

 

 

 

 

 

 

 

 




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Disclaimer: The information provided on this web site is not intended to be legal advice. It is intended to convey general information related to selected legal issues. Your access to and use of this website is subject to additional terms and conditions. Copyright © 2001-2010 Thomas E. Whitmore. All rights reserved.

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Federal Estate Tax 2010-2012

The new tax cut extension package, which was signed into law on December 17, 2010, establishes a new estate and gift tax regime for 2011 and 2012. It also clarifies the situation for the estates of individuals who died in 2010.

2011 and 2012. For estates of individuals who die in 2011 or 2012, the federal estate tax exemption is $5 million and the tax rate is 35 percent. In 2012, the exemption amount may be increased by an inflation adjustment.

Unused federal estate tax exemptions of individuals who die in 2011 or 2012 are "portable" which means they can be passed along to surviving spouses.

In effect, the new portable estate tax exemption in conjunction with the unlimited marital deduction allows the first spouse to die to simply leave everything to the surviving spouse without losing the benefit of his or her $5 million federal estate tax exemption. Because the deceased spouse's unused exemption can be passed along to the surviving spouse, he or she effectively is given a $10 million federal estate tax shelter.

Basis. For heirs of decedents who die in 2011 and beyond, the familiar rule that allows the federal income tax basis of inherited capital-gain assets (such as real estate and stock) to be stepped up to reflect the date-of-death fair market value is reinstated. For decedents who died in 2010, the simple-and-easy unlimited basis step-up rule was replaced by a complicated modified carryover basis rule that limited basis step-ups to a maximum of $1.3 million plus up to another $3 million for assets inherited by a surviving spouse.

2010. The new law establishes two options for the estates of individuals who died in 2010. The estate tax is reinstated for 2010 with a $5 million exemption and a 35 percent tax rate. However, executors have the option of electing out of the tax for 2010, in accordance with the repeal of the tax for that year.

If the election out is made, the modified carryover basis rules apply to heirs for income tax basis purposes. So heirs of large estates can wind up owing capital gains taxes on appreciation that occurs through the decedent's date of death, but there won't be any federal estate tax bill.

If an election out is not made, the $5 million exemption and 35 percent rate apply for 2010, and the income tax basis of inherited assets equals fair market value on the date of death.

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