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Tag: Estate Planning

How Do I Start My Estate Planning?

Posted on Sat Feb 15, 2014, on Estate Planning

Every journey starts with the first step, and your estate planning begins with assembling information and answering questions. Your estate plan’s complexity will depend on many factors, including your family and its unique set of circumstances, the type and value of your assets, your overall financial plan and your ideas on how you would like to divide what remains of your estate at your death.

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What Does a Gloucester County Will Do?

Posted on Sat Jan 25, 2014, on Estate Planning

If you are a resident of Gloucester County, New Jersey, and have executed a valid New Jersey will, that will dictates the distribution of the property you owned at your death. The will is not limited to your property within Gloucester County, and will determine who receives your property no matter where it is located throughout the world.

Klenk Law

Innovative Estate Planning Strategies

Posted on Mon Jun 17, 2013, on Estate Planning

Crafting an estate plan for a client means listening to what the client wants, explaining options to the client and then drafting a plan to meet the option selected. At times, a client’s circumstances require imaginative ideas. Here are some examples of imaginative estate planning that Klenk Law has utilized recently.

1. Protectors:
It remains a mystery to me why more estate planning attorneys do not use Protectors. A Protector is a person or persons you appoint to oversee a trustee with the power to fire and replace the trustee without the need of an attorney or a court hearing. No court hearing or attorney is necessary? Perhaps that is the reason why estate planning lawyers don’t use them? I use them in almost every trust. Even the most trusted person or bank can have problems, and if these problems negatively affect the trust, the Protector can “protect” the beneficiary without months of litigation.

Klenk Law

Voluntarily Stopping Eating and Drinking: V.S.E.D.

Posted on Sat Apr 20, 2013, on Estate Planning

Decades ago, when I started my practice as an estate-planning attorney, there were rumblings about how modern medicine was changing the way people died. For most of human existence death came quickly from an illness or injury about which physicians could do nothing. Now, advances in medical knowledge allow us to battle death, giving us more time with our loved ones. But this same gift often makes the dying process a long, slow struggle against an incurable disease or untreatable injury. Sometimes, after a long struggle with illness and with full knowledge that death is certain and the future holds nothing but suffering, a person will decide to voluntarily stop eating and drinking (“VSED”), which hastens the inevitable end.

Every modern medical advance to make our lives better brings with it new challenges and problems we must address.

Klenk Law

Don’t forget the Tried-And-True Gifting Strategies in 2012

Posted on Thu Sep 20, 2012, on Estate Planning

Rightfully so, much emphasis is being put on utilizing Gift Giving strategies that are scheduled to disappear on January 1, 2013. But when considering these strategies, don’t forget gift strategies that have worked in the past and continue to be cornerstones of most estate plans.

Take Advantage of The Annual Gift Exemption: When congress created the Gift Tax to plug loopholes that existed in the Federal Estate Tax, they created several categories of gifts that were considered “good gifts”, not subject to the gift tax. One of these exemptions is an annual gift to any number of persons. That rate is now adjusted for inflation, and for 2013 is a maximum of $13,000. Couples can lend each other the exemption so together can give $26,000 to any number of individuals. These gifts are then excluded from the estate and pass Gift and Estate Tax free to the recipient.¹

Klenk Law

Benefits of a QDOT for a Non-Citizen Spouse.

Posted on Wed Sep 19, 2012, on QDOT Trust

Any transfer of assets at death involves a variety of tax consequences, but estate planning for a married couple where one spouse is not a United States citizen involves unique taxation issues and planning. Couples who find themselves in this unique circumstance should consider the benefits of an estate plan that includes a Qualified Domestic Trust (QDOT).

In 2012, the federal estate tax provides a credit of $5,120,000, meaning that the first $5,120,000 of any estate not diminished by taxable lifetime gifts will pass free of the federal estate tax.¹ This exemption is scheduled to fall to $1,00,000.00 in 2013². Further, Section 2056 of the Internal Revenue Code contains the “marital deduction,” which provides that any property left to a surviving spouse following a decedent’s death is not taxed until the surviving spouse’s death. These provisions give married couples options for deferring estate tax payments until after the surviving spouse’s death.

Klenk Law

Estate Planning Opportunities; Use Them or Lose Them!

Posted on Mon Sep 17, 2012, on Estate Planning

Only a little over three months remain to maximize estate tax and gift tax opportunities that are scheduled to disappear in 2013. There is still time, but if you are going to act you need to start working with your estate planning lawyer soon.

Never have the Gift Tax and Estate Tax exemptions been higher than they are currently. The Federal Estate and Gift Tax Exemptions are currently $5,120,000.00. If congress takes no actions, these exemptions fall to $1,000,000.00 in 2013. This change exposes to taxation an additional $4,120,000 to those who die or gift in 2013 vs. 2012, increasing the tax due by hundreds if not millions of dollars.¹

Klenk Law

What Are the Tax Advantages of Revocable Trusts?

Posted on Mon Aug 20, 2012, on Revocable Trusts and Living Trusts

A revocable trust, or its more popular name a “Living Trust”, is an increasingly popular estate planning tool. The Living Trust serves many useful purposes, but many people are told that one purpose is to reduce taxes. This is not true. A Revocable Trust does not reduce income taxes, estate taxes, gift taxes, generation skipping taxes or inheritance taxes. In short, there is no tax advantage gained by a Living Trust. If someone is trying to sell you on the idea of forming a Revocable Trust based on tax savings, run away!

Some trusts do create various tax benefits. So why does a Living Trust provide no tax benefit?

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What Our clients are saying

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Sean Quinn

Great firm. Great people. Happy to refer folks in need to estate planning to Peter and his team. They do great work.

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Ian Marchant

Mr. Klenk, quickly understood the circumstances presented and provided clear and concise advice. This advice provided me with the information I required to progress the case to my advantage.

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Chris Curcio

Fantastic customer service. Very personable and most importantly they provide great explanations of what is required based on your individual needs. Highly recommend Klenk Law for anyone that needs to create a will and estate documents.

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D.P.

Like another reviewer, I contacted Peter through his website using the free consultation link, for a question regarding PA inheritance taxes. The question was quite technical and difficult to explain, and the answer was nowhere to be found on the web. Peter grasped precisely what I was asking, and provided a clear, helpful response (with a touch of humor) the very next day.

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Peter J. Gutekunst, CFP®

I've worked with and known Peter Klenk and his associates for years. They are highly professional, diligent and truly experts in their field. By focusing on just wills, trusts, and estates, Klenk law has experienced every angle of estate planning and applied that knowledge to help prepare our clients with thorough and comprehensive documents.

Let us put our expertise to work for you.

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