While many taxpayers may be excited about the prospect of reduced loan balances as part of Biden’s Loan Forgiveness Program, they may have questions about the potential tax consequences of that forgiveness. Under normal circumstances, creditors that discharge debt issue a corresponding Form 1099-C Cancellation of Debt to the debtor for inclusion in that year’s income. While the administration works out the kinks in the loan forgiveness plan, it’s important to understand the current provisions of … [Read more...] about Discharge of Indebtedness Income and Student Loan Forgiveness
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Planning for the “Silver Tsunami”
As the population over the age of 65 continues to grow, unique problems arise. For example, many seniors may have never married, or outlived their spouse and lack confidence that someone will help them make financial and health decisions as it becomes more difficult or when they become incapacitated. A qualified and experienced estate planning attorney can provide guidance to address the issues unique to the solo senior. My friend and colleague Tereina Stidd, an estate planning expert, explains … [Read more...] about Planning for the “Silver Tsunami”
Lessons from Patagonia
Estate planning often encompasses, at least in part, business succession planning. Many individuals own family businesses with the idea of passing the business on to the next generation. Of course, the bigger the business, the more complex that endeavor becomes. Yvon Chouinard recently made headlines when he donated 98% of his $3 billion company to an Internal Revenue Code Section 501(c)(4) organization. The move saved him millions in taxes, furthered his family’s political agenda, and embodies … [Read more...] about Lessons from Patagonia
Confusion About How to Avoid Probate and Estate Taxes
Some consumers mistakenly believe that avoiding probate also avoids the federal estate tax. Both probate and the federal estate tax deal with your estate, but avoiding one doesn’t avoid the other. What is Probate? What’s the Federal Estate Tax? Probate is the legal proceeding of validating a will, if there is one, and settling an estate. Probate assets are all those assets that the decedent owned in his or her individual name, but didn’t have a beneficiary designation, a joint owner or … [Read more...] about Confusion About How to Avoid Probate and Estate Taxes
Key Reasons Not to Die Without a Will or Trust
Many people die without taking the time to create a will or trust. Wills and trusts are powerful estate planning documents that allows individuals to be in control of the future. It’s important to consider the use of these documents, so that you can plan ahead. If you don’t take the time to plan, your wishes may not be respected. Take a look at the following 4 reasons as to why you don’t want to die without a will or trust. If you have any questions, or if you’d like to begin drafting you … [Read more...] about Key Reasons Not to Die Without a Will or Trust
Estate Planning for Unmarried Persons
While much of the advice and popular material available on estate planning is aimed at married couples or those who have reached retirement age and beyond, that doesn't mean that unmarried persons of every age don't need estate plans of their own. In fact, there are some situations in which a single person has a greater need for a good estate plan. If you are single and haven't begun the estate planning process, here are a couple of tips to help you get started on the path. Step 1: Develop a … [Read more...] about Estate Planning for Unmarried Persons
Estate Size and Living Trusts
A question that often comes up in estate planning is “How much money do you need to get a Living Trust?” The question is a fundamental misunderstanding, but a common one. Although there would not be much point in doing so, you can put as little as a single penny into a Living Trust. The question is based on the premise that Living Trusts are designed for rich people. It’s a false premise. Living Trusts are designed for anyone who either wants to give something for one person to manage for the … [Read more...] about Estate Size and Living Trusts
Who Should Be Your Child’s Guardian?
A well constructed estate plang will not only addresses the distribution of your assets, but can also nominate a guardian for minor children. While there are legalities to consider, it’s important to remember that you are also determining the quality of your children’s lives if you die before they reach the age of 18. Many parents understandably have a difficult time imagining their children without them. But they need to consider many factors for guardianship, including: Type of … [Read more...] about Who Should Be Your Child’s Guardian?
What Does the Trustee Do?
You need to have a firm grasp of the breadth and complexity of the duties and responsibilities of a Trustee during the administration of the trust. The overall job of a Trustee is to protect and manage trust assets while administering the trust using the trust terms created by the Settlor. The specific duties and responsibilities of a Trustee make for a long list that includes things such as: Manage and protect trust assetsAbide by the trust terms unless they are impossible, illegal, or … [Read more...] about What Does the Trustee Do?
What Type of Life Insurance Is Best for Me?
Life insurance can be an integral component of a comprehensive estate plan. The role a life insurance policy plays in your estate plan will determine, to a large extent, which type of insurance you should purchase. Understanding the different types of life insurance policies available is important. Let's look to see which type of life insurance is right for you and your estate plan. Types of Life Insurance While there are some hybrids and variations of the basic types of life … [Read more...] about What Type of Life Insurance Is Best for Me?
