Estate Planning

Understanding the Role of Federal Taxes in 2022

Published on: February 1, 2022 | by Ettinger Law Firm

As we begin our way through 2022, understanding various federal tax issues can help make the most of your estate planning this year. Because the federal legislature might pass regulations that alter these laws sometime during 2022, it’s important to understand critical federal tax laws you might want to utilize now. Before acting on any of these regulations, however, it’s often wise to speak with an attorney who is up to date with these changes and can make sure that you engage in actions that best benefit your situation.

# 1 – Lifetime Exclusion Amounts

Starting January 1, 2022, the amount of federal estate and gift tax exclusion in addition to the generation-skipping transfer tax has increased to $12,060,000 from $11,700,000. Remember, this amount is doubled for married couples. These threshold amounts are poised to decrease substantially at the beginning of 2026, though.

The Advantage of Utilizing SPA Trusts in Your Estate Plan

Published on: February 1, 2022 | by Ettinger Law Firm

In times of economic uncertainty, estate plans can benefit substantially from flexibility. As the country both continues to recover from the COVID-19 pandemic as well as face the challenges brought on by new strains of COVID-19, it’s a good idea to consider how to make your estate plan flexible. Not to mention, looming changes brought on by changes to tax law also make it a good idea to consider flexibility while creating an estate plan.

What SPA Trusts Do

Special power of appointment (SPA) trusts (or as they are sometimes called SPAT trusts) is a type of irrevocable trust in which either the creator or settlor of the trust grants appointment power to another person. The person who receives these powers functions in a non-fiduciary role to direct the trustee to make distributions to anyone except for the person who made the appointment of powers.

The Status of Estate and Gift Taxes in 2022

Published on: February 1, 2022 | by Ettinger Law Firm

The Status of Estate and Gift Taxes in 2022

In 2021, Congress, as well as the Executive branch, proposed revisions to the tax code that if passed would have substantially changed estate planning. If these changes had been made, some proposals would have been put on the side, while the frequency of use for other estate planning strategies would have increased.

Some estate planning proposals would have lowered the amount of estate and gift tax exemptions from the current level of $12.06 million a taxpayer to around half the amount. While no guarantee exists that such changes will be made at any time in the future, those interested in making the most of their estate plan should still understand how the law is written as well as what steps they can take to anticipate these looming changes.

A Few Important Things to Remember about Digital Asset Planning

Published on: November 28, 2021 | by Ettinger Law Firm

When it comes to planning for how your assets will be managed after you pass away, people often make adequate arrangements in their estate plan in regards to their finances as well as physical property.

In this era, when an increasingly large amount of information that people have is stored online, it’s critical to also create an adequate digital estate plan which makes sure that your loved ones can access your digital assets like social media accounts, subscription services, pictures, and personal files, and digital currency.

One issue that makes planning for digital assets complex is that service, as well as user agreements, often stipulate that a company will terminate a person’s account following that individual’s death without waiting to hear back from the next-of-kin. Many states including New York have established legislation addressing how to handle a person’s digital assets. These regulations frequently contain challenges preventing complete access to digital files. To avoid encountering complications with your digital assets after you pass away, this article reviews some of the most helpful strategies you should follow to adequately plan for digital assets.

Estate Planning for Non U.S. Citizens

Published on: November 24, 2021 | by Ettinger Law Firm

Many myths exist about the rights and responsibilities of U.S. citizens. For example, if you are not a U.S. citizen but are married to a U.S. citizen and have permanent resident status, you might have heard that if your spouse passes away without an adequate estate plan you will be required to pay more taxes on your property than if you were a citizen of the United States.

In reality, if you are the owner of property located in the U.S. but are neither a citizen nor permanent resident, you cannot claim exactly the same advantages in taxes as citizens of the United States. Consequently, you might end up immediately facing estate taxes if your spouse passes away. Various notable estate planning issues occur when either non-citizens or permanent residents are married to U.S. citizens. This article reviews some of the most common ones.

Permanent residents (or holders of green) are viewed as almost identical for tax purposes as United States citizens. These individuals must pay the U.S. tax on income earned anywhere in the world as well as U.S. estate and gift tax on assets owned anywhere in the world.

Estate Planning Issues to Address Before 2021 Is Over

Published on: November 16, 2021 | by Ettinger Law Firm

As we approach the end of 2021, you should remember to consider and approach many aspects of estate planning. There are also several considerations given potential legislative changes. You should make sure to review your end-of-year estate planning concerns now instead of waiting. This article reviews some of the important issues that you should remember while you prepare your estate plan for the future.

Passing on Gifts Before 2022

The rate for federal tax exemptions is currently higher than it has ever been. If a person does not use these high thresholds, they cannot do so in the future. As a result, now is an ideal time to make the most of available valuation discounts. Some of the factors to consider for gifts that are made in 2021 include:

Department of Treasury Releases Estate Planning Guidelines

Published on: November 15, 2021 | by Ettinger Law Firm

The Treasury Department recently published its Priority Guidance Plan, which addresses areas like estate, trusts, and gifts. These items were described as a top priority by the department. The department also expressed the desire to establish final regulations that would enforce user fees associated with closing letters for estate tax as well as several other changes. For people about to participate in the creation or revision of an estate plan, this article reviews some of the most important changes that you should consider.

What Parts of the Guidance Plan You Should Know

Some of the most important elements listed in the Priority Guidance Plan include:

California Court Resolves Ownership Presumptions in Probate Disputes

Published on: November 8, 2021 | by Ettinger Law Firm

Family law addresses the rights of family members including spouses during marriages as well as after divorce. When one spouse passes away, however, complex estate planning issues can arise.

In the recent Third District case of In Estate of Wall, a federal district court held that title presumption had authority over community property presumptions. The court also found that the surviving spouse in the case still won the case due to the role of undue influence.

Benny Wall had two descendants with his first wife. Benny’s home

The Estate Planning Needs of the Unmarried

Published on: November 4, 2021 | by Ettinger Law Firm

Estate planning conversations often give off the impression that everyone is elderly and has multiple children. In reality, however, this is not true and people who do not fit this description require estate planning assistance at least as much as people who fall into more conventional models.

For example, unmarried individuals often also need to create an estate plan that relates to the disposition of property health care proxies, or financial power of attorney. Without these estate planning documents, if an unmarried person cannot make medical or financial choices, someone else might not exist who will be readily recognized.

Financial Power of Attorney

Revising Estate Plans Before and After Divorce

Published on: October 28, 2021 | by Ettinger Law Firm

After a divorce, it’s understandable that you’re tired of sifting through legal documents. If you do not take the actions now to revise your estate plan in light of your divorce, you could end up facing undesirable estate planning results. As a result, you should at least consider gathering your old estate planning documents and evaluating what you will need to update. This article reviews a few of the most commonly used types of estate planning documents that you should make sure to update after a divorce.

Create a New Will

Wills are the central document in most estate plans. This is why it’s a good idea to make sure that your will is adequately updated in light of your divorce. You will likely want to create a will that will no longer pass on your assets to your former spouse. You should also make sure to revoke your old will.