What’s Hot in Estate Planning Right Now May Surprise You

Estate planning has truly evolved over the past 20 years. Gone is the uncertainty about federal estate taxes and the absolute requirement for married couples to use complex trusts to minimize these taxes. But also gone is planning for the “traditional” family. In this issue you will learn why estate planning has become more complicated and what your clients need to do now to insure their estate plans are flexible enough to roll with the changes. Warning:  Estate Planning Today is Harder Than Ever Before In 1995 the federal estate tax exemption was only $600,000 and the estate tax rate was 55%. Back then it was easy to accumulate a taxable estate by simply owning a home, a few investments and some life insurance. And while married couples could pass on two times the exemption ($1.2 million) free from estate taxes if they incorporated Marital/Family Trusts into their estate plan,

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What Should You Do If You are Audited?

By Eric P. Rothenberg, Esq. – Some of you might get hit by what we in the tax law call the “AUDIT LOTTERY”. This is when you are selected for an audit. Due to extreme budget cuts by Congress for the IRS funding, the odds of being audited are as small as they have ever been. However, many folks will “win” that lottery and be audited every year. I. Why were you selected? There are three basic ways you are selected for an audit: Matching Documents. The IRS matches forms filed by various parties (employers, brokerage houses, vendor payors, etc) and the IRS matches what you have reported on you tax forms with those sent in by the payors. If they don’t match, they might audit you. Related party audits: If an entity is being audited by the IRS such a trust, an S Corp, C Corp or a Partnership

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Probate vs. Non-Probate Property 101

By Eric P. Rothenberg, Esq. – While there are many laws and court cases about “probate” property, most property today is “non-probate” and passes at death “by operation of law” and without probate court supervision. Non-probate property includes the following types of property: Property with a Beneficiary Designation: The usually consist of life insurance and retirement assets (like a 401(k), SEP, Keogh and IRA). This property, which is in effect a contract between you and your insurance company or retirement custodian, passes to the individual or individuals that you list on the company’s beneficiary designation forms. It is important to review these every so often to ensure your beneficiary designation is not out of date. It is equally important to note that these designations are NOT affected by a will. So even if your will states you leave that asset to someone, it does not supersede a designation form.

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How Will the 2015 Supreme Court Decisions Affect Your Clients?

While approximately 10,000 cases are appealed to the U.S. Supreme Court each year, only 75 to 80 make it to oral argument. Of those 75 to 80 cases, there are usually only a few that grab the media’s attention. This newsletter highlights three landmark decisions handed down in 2015— Comptroller v. Wynne, King v. Burrell, and Obergefell v. Hodges—that could affect how your clients are taxed, pay for healthcare, and plan their estates. Comptroller v. Wynne – A State Can’t Double-Tax Income Earned Outside of the State Legal Issue: Does Maryland’s state income tax scheme violate the U.S. Constitution by “double taxing” a resident’s income earned from economic activity in another state that also taxes the same income? Decision, 5 – 4: In a taxpayer friendly decision, the Supreme Court ruled that Maryland’s “double taxation” scheme violates the dormant Commerce Clause of the Constitution. This case involved a Maryland couple,

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6 Reasons to Review Your Estate Plan

When we work with our clients to put a will in place, execute a power of attorney, create a trust or any estate planning instrument, we include in these legal documents flexibility so they will remain valid working documents for a long period of time. However, life events may necessitate updates to estate planning documents. Here are the top reasons you would consider updating your estate plan: 1. Move to another state. Have an estate planning attorney in your new location update your documents to ensure they comply with the laws in that state. Each state’s laws dictate what estate planning documents need to include and how they need to be signed. In addition, if you move from a state that imposes an estate tax to one that doesn’t, or vice versa, your plan may need to be updated to take into consideration this change in the taxable status of

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