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Category: Estate Planning

Jointly Owned Property with Children in Estate Planning; Pros, Pitfalls and Alternatives

Posted on Wed Jun 4, 2014, on Estate Planning

Parents are often tempted to place property in Joint Tenancy with children. Because the child becomes a co-owner of the asset, the child is able to have easy access to the account to help the parent pay bills and manage the asset. Further, at the parent’s death the asset automatically passes outright to the child. While this type of ownership might first appear convenient, it is important to realize the potential pitfalls that come with joint ownership. Sometimes convenience comes at a high price.

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What Can’t I Do With my Philadelphia Will?

Posted on Tue Jun 3, 2014, on Estate Planning

A well-drafted Philadelphia will can appoint a responsible executor to manage your estate, name a responsible guardian to care for your underage children and ensure that your assets are divided as you wish at your death. While the will can address many of your goals, there are certain things that it cannot do, which is the principal reason why developing an estate plan must include more planning than simply drafting a will.

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What is a Revocable Living Trust?

Posted on Thu May 15, 2014, on Estate Planning

A revocable living trust is a trust created during lifetime over which the grantor reserves the right to terminate, revoke, modify, or amend. These trusts are generally used to avoid probate, provide assistance to a parent who needs help managing assets, address family situations, provide privacy and provide for orderly administration of assets after your death. During your lifetime, any assets in the revocable trust are used for your care. Because the trust is revocable the assets in the trust are still available to your creditors and are part of your taxable estate, but they are not part of you probate estate.

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Can a Charitable Remainder Trust be a Useful part of my Atlantic County Estate Plan?

Posted on Sun May 11, 2014, on Estate Planning

Any good estate plan considers the tax ramifications of your death and the possible ways to reduce those taxes. If your estate plan also includes giving money to charity, then a charitable remainder trust might be a useful tool that not only provides you with a way to fulfill your charitable gift, but also reduce your taxes.

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2014 Federal Estate Tax, Gift Tax and Generation Skipping Transfer Tax Law Update

Posted on Tue Apr 29, 2014, on Estate Planning

Happily, 2014 continues to bring stability in the federal estate, gift and generation skipping taxes. For decades these taxes have been used as a political football, bouncing up and then down as politicians used the tax to drum up votes…and their campaign funds…rather than address the tax in a reasonable manner. Finally, things seem to have fallen into place and we can make long-term plans for our clients without guesswork. Of course things can always change, but the politicians have moved onto other issues, and the taxes now effect so few people, the political will to make change has dissipated.

Under the current rules, the federal estate tax exemption protects the vast majority of families from paying any federal estate tax. And, because the federal estate tax exemption is adjusted, over the years inflation will not grow estates so they are subject to the tax. For now, only the most wealthy families are subject to the estate tax and the number of federal estate tax returns Form 706 filed continues to shrink. From 2003 to 2102 the number fell 87%.

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What Does My Estate Include?

Posted on Wed Apr 2, 2014, on Estate Planning

In estate planning, “my estate” can mean different things. Your probate estate includes all your assets that will pass through your will at your death, while your taxable estate includes all your assets that will be taxed at your death. Many assets are included in your taxable estate, but not your probate estate, such as assets in your revocable living trust, your IRAs, assets held jointly with a right of survivorship and all of your payable on death accounts.

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Can I file my Will with the Montgomery County Register of Wills after I have signed it, but before my death?

Posted on Wed Apr 2, 2014, on Estate Planning

The Montgomery County Register of Wills cannot hold or file your Will until after you have died. Your executor will go to the Register’s office in Norristown with the original Will, an original death certificate, an ID and a check. After verifying all is in order, the Register will then file the Will. There is no Pennsylvania procedure to hold Wills of the living.

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