Estate Planning

Important Reasons to Revise Your Estate Plan

Published on: January 31, 2017 | by Ettinger Law Firm

Creating an estate plan is an effective way to ensure that your assets are distributed according to your wishes while minimizing hardships that could otherwise result for loved ones and friends. However, creating a comprehensive estate plan is often just the beginning and there are important reasons why you can and should revise your estate plan. A recent article from Forbes lists the following as important reasons to revise your estate plan:

Significant Changes in Value of Estate

A significant change in the value of your estate may be reason for you to reevaluate how you want your assets to be distributed. You may wish to increase the number of people you include as heirs or adjust the amount you have chosen to distribute. A significant change in the value of your estate should be accompanied by appropriate revisions to your estate plan.

Changes in Retirement Could Mean Changes to Your Estate Plan

Published on: January 27, 2017 | by Ettinger Law Firm

The financial market is expansive and can change overnight. NextAvenue.org recently wrote about several important ways retirement is likely to change in 2017 that could impact millions of people and require you to engage in or reevaluate your estate planning. According to the article, several things you should pay attention to include:

Tax Cuts Are Likely

Tax laws are continuously changing, and the new administration has proposed some rather significant changes to the tax code. If these changes become a reality, it may important for people to look at investments like their IRA and convert it to a more tax-friendly asset, like a Roth IRA. This can help investors and those planning retirement accounts to take advantage of more favorable tax consequences that could help them keep more of their money in the long run.

Protecting Yourself from Elder Financial Abuse

Published on: January 22, 2017 | by Ettinger Law Firm

All too often, unscrupulous people attempt to take advantage of others. This is especially common with elderly individuals. When this happens, it is known as elder financial abuse, and it can have a significant negative effect on your estate. Recently, USA Today reported on this growing problem by discussing testimony from a hearing before the U.S. Senate Committee on Aging. Below are important steps that you can take to protect yourself and your assets.

Understand Risk Factors

When elderly people face cognitive impairment, this increases the risk that they will be taken advantage of. Additional risk factors include individuals that attempt to isolate an elderly person from their family, friends, or community. Doing so can put an elderly person at increased risk for elder financial abuse.

Back to the Basics – Pet Trusts

Published on: January 18, 2017 | by Ettinger Law Firm

In a recent blog, we discussed pet owner’s options for naming their pets as beneficiaries in their wills. Another option for pet owners to provider for their pet after death is creating a pet trust. Pet trusts offer a wide variety of options to provide for the pet and can be used in conjunction with a will. Pet trusts are created during the grantor, in this case the pet owner’s, life, and can take effect immediately, or upon death of the grantor.

Unlike wills which leave interpreting some provisions up to the discretion of probate court, trusts are legally enforceable agreements that are carried out according to the provisions of the document. All the traditional rules of trust administration will be in effect for a pet trust as they are for any other trust. There will be a trustee named which will carry out the best interests of the maker of the trust and will be able to enforce the terms of the trust in court if necessary.

One feature of a pet trust that is distinct are the caretaking options. When establishing a pet trust, the maker can name who will take care of their pet in the event of incapacitation, who will have immediate custody upon your death, and how the animal is cared for.

Can Elderly Parents Be Claimed as Dependents?

Published on: December 16, 2016 | by Ettinger Law Firm

Healthcare coverage has been an unsure and confusing issue for both young and elderly citizens over the past decade, with the potential to only become more complicated as a new president takes office. While laws have been amended throughout President Obama’s term to now allow young adults to remain covered under their parents insurance until they are 26 years old, there are no hard rules regarding whether parents can qualify under their adult childrens’ health insurance plans.

Narrow Exceptions To Covering Parents

There are limited situations in which an adult child could get their elderly or ailing parent covered under their company’s insurance provider, however, they must meet a number of requirements. Parents can be covered under their child’s insurance plan if they can qualify as a dependent and meet specific criteria. Dependents traditionally have been considered those children under the age of 26 who do not maintain coverage, spouses or domestic partners, however, parents can qualify generally if they meet the IRS definition of dependent upon their adult child.

Tax Identification Numbers For Trusts

Published on: December 3, 2016 | by Ettinger Law Firm

Trusts are common estate planning tools in which a person can transfer ownership of assets to the trust. While this person is alive, they retain control over the assets in their life. Upon their death, the assets are distributed to the beneficiaries named in the trust.

While the Person is Alive

A revocable trust uses the social security number of the person who created the trust. A revocable trust does not have to file its own tax return. All income is, instead reported in the same manner as any other income on the tax return of the trust creator. People who jointly own a revocable trust, such as a married couple, both hold the power to revoke the trust. This means that either person’s social security number can be used. Couples who file tax returns separately must be careful. The person who reports the income on their personal tax returns should be the same as the person whose social security number is used.

Here Comes the Estate Plan – Estate Planning For Newlyweds

Published on: November 30, 2016 | by Ettinger Law Firm

Newly married couples are embarking on a whole new life together. This new life comes with a number of changes. It is important to consider your estate planning as you begin your life together. Creating an estate plan that works for both you and your new spouse can ensure that you are on the same page when it comes to medical, financial, and end of life decisions.

Update Accounts and Beneficiaries

Many married couples consolidate their accounts. Checking and savings accounts are usually held jointly. Consider opening a joint bank account or credit cards to make paying for future expenses more convenient. Insurance plans, such as health, car, home, or life insurance often allow for family plans that include coverage for the whole household. Changing over to these plans can almost always provide the same amount of coverage for a better rate.

The Pros and Cons of Adding Your Adult Child to Your Bank Account

Published on: November 25, 2016 | by Ettinger Law Firm

There comes a time in many people’s lives when their adult children begin to help out with daily tasks. For some people this includes writing checks and paying bills. Many people begin to wonder if they should take steps to make being taken care of easier for their caregivers. In these cases, the question arises “why not just add your adult child to your bank account?”.

The Pros

The most obvious and powerful positive for adding an adult child to your bank account is ease of access. As joint owner, your child will be able to access funds from the account in order to assist you with bill paying and other financial matters.

Making Your Estate Plan Your Own

Published on: November 16, 2016 | by Ettinger Law Firm

Your estate plan is a way for you to make very important decisions regarding the future of your personal property, financial holdings and legacy. A proper estate plan is truly a gift. It provides peace of mind to the owner of the estate and grants family, friends, and other heirs a little piece to remember them by.

A Personal Touch

While the bulk of estate planning is comprised of official legal documents, these formalities may not be enough to convey your thoughts and wishes. Many people wish to include a letter of instruction along with their legal documents. This letter has your wishes in your own words.

Inheriting IRAs: A Legacy Full of Potential Pitfalls

Published on: November 11, 2016 | by Ettinger Law Firm

If you inherit an individual retirement account, or IRA, there are a few key rules you should be aware of in order to avoid potential legal, financial, and tax issues. Failure to do so could result in a smaller legacy left behind and a headache for your beneficiaries.

Never Commingle Inherited IRAs with Non-Inherited IRAs

Inherited IRAs are separate financial accounts than IRAs or retirement accounts you may own and contribute to for yourself. You cannot commingle the funds from your IRAs and inherited IRAs. If you inherit multiple accounts from the same person such as your father, you can combine those accounts into a single IRA. Assets inherited from different individuals, such as your mother and father, you cannot combine those accounts. It is also important to note that you cannot combine inherited accounts of different types, such as your father’s traditional IRA and his Roth IRA.