Trivia Time: Little-Known Facts About Estate Planning | Lawyers.com - JDSupra

Trivia Time: Little-Known Facts About Estate Planning

Family Members Are More Likely to Commit Financial Elder Abuse

A recent poll has released information that the group that is most likely to commit financial elder abuse are family members of the victims. 

http://lawprofessors.typepad.com/trusts_estates_prof/2012/09/family-members-are-more-likely-to-commit-financial-elder-abuse.html

Death Tax Exemption Extended. Good news (at least for a while...)! The U.S. House of Representatives voted Wednesday to extend the current tax code for another year. This includes keeping the estate tax, known as the death tax, at its current level of 35 percent for estates worth more than $5 million per individual and $10 million per couple. 

10 Rich Dads Who Don’t Think Their Kids Deserve Their Money. Extreme wealth challenges the owner to decide whether bequeathing it to loved ones benefits them or curses them. http://www.slate.com/slideshows/life/when-dad-is-crazy-rich-but-think-someone-else-deserves-his-money.html

Don't waste your money on identity theft protection services: One of my clients recently told me that she paid an annual fee to a company for "identity theft" protection. I referred her to this article: 
http://www.deseretnews.com/article/765563429/Dont-waste-your-money-on-identity-theft-protection-services.html

Early Retirement Can Be a Killer! Excellent article at: http://www.deseretnews.com/article/765576644/Dying-to-retire-Early-retirement-can-be-a-killer.html?pg=1

Anne-Sophie Mutter plays Méditation from Thaïs - YouTube

Anne-Sophie Mutter plays Méditation from Thaïs - YouTube: One of my favorite works and my favorite interpretation.

'via Blog this'

Lose big on your FACEBOOK stock purchase? Here's the investment advice your broker SHOULD have given you! http://www.youtube.com/watch?v=_GS_pvhcI5c

Using a Home Health Agency Can Reduce Medical Costs. You're ready to go home from the hospital, but you still need treatment at home. How do you choose a home health agency to help you recover? This web site provided by Medicare can help you compare other patient’s actual experiences with home health agencies, including whether they’d recommend the agency to friends. You’ll find information about Medicare-certified home health agencies, quality of care, and the latest patient survey results. http://www.medicare.gov/homehealthcompare/About/MedicareCoverage.aspx

An Overlooked Use for a Power of Attorney. Going out of town? Need to give someone authority to make medical or other decisions for your minor (or incapacitated) children while you're away? Utah law (UCA 75-5-103) allows a parent or guardian of a minor or incapacitated person to execute a power of attorney and delegate to another person--for a period not to exceed 6 months--any of his powers regarding care, custody or property of the minor child or ward. If you need this document, please contact us; we can take information over the phone (or by mail) and mail or email the completed document to you before you leave.

Lottery Winners Pay Huge Tax! If you win a lottery, don't spend your money until you discover what taxes you owe. First, there's a minimum federal income tax rate on your winnings of 35%. Then there's state income tax. Next, if you share your winnings, you have to pay a 35% federal gift tax on any amounts you gift over $5.12 million (the current exemption amount). Finally, at death, your estate will owe additional estate taxes (55% after January 2013) on the rest.

Warning! Dangers of Joint Tenancy Ownership. Many clients tell me that they've retitled their assets, especially those intended to pass according to the terms of their living trust, in the name of one or more of their children. Instead of leaving the titles in the name of their trust, they've effectively removed those assets from the trust and titled them jointly with someone else. The effect of this is to cause the asset to pass directly to the surviving joint owner and not to the beneficiaries of their trust. It is important that no title be changed to someone else as a joint owner with you unless you understand this completely, and intend that the asset pass only to the surviving owner. This is one reason why I recommend an annual review to make sure these kinds of inadvertent mistakes don't occur.

One-stop Estate Planning. If you know someone who has an uncomplicated estate and basic planning objectives, call us to discuss "One-stop Estate Planning." Unlike most law firms which require several visits to complete planning, our office can discuss, plan and execute MOST plans at the first visit---all for a cost of one-third the fees charged by other firms. This program is particularly beneficial for young marrieds who can't afford "large firm fees," as well as for anyone desiring comprehensive, efficient and reasonably-priced protection. This is no "bare-bones" plan: All plans include a living trust, pour-over will, financial and medical powers of attorney, complete retitling of assets, our deluxe EstatePlanner Documents Organizer, and complimentary document revisions for one year.

Compare Funeral Costs. Want to compare funeral costs in your area? Go to eFuneral.com for a list of funeral providers near you and a free comparison of their charges. Again, no charge for this service, and your information is kept confidential.

Living Trusts Afford Privacy -- Wills Don't! To be effective, a will must be probated after your death. Because a filed probate is "public record," anyone can obtain a copy of your will and learn how and to whom your estate was distributed. A living trust, however, does not require probate, and thus the details of your estate distribution remain private. Only the trust's beneficiaries are privy to the extent of your assets and who receives them. Whitney Houston, the singer, opted to use a will instead of a living trust; her will, including those who have inherited from her, are now "public record," and available on the Internet. One caveat: For maximum privacy, remember that only those assets titled in the name of the trust are private and subject to its terms.

Missing Money! Here's a FREE website that allows you to search for unclaimed money or assets that may be owing to you or those you know. There is no charge for this service and it IS legitimate. Missingmoney.com

Insurance Companies No Longer Offering Long-term Care Insurance. . . What to do? Excellent article on protecting yourself and your estate from the high costs of long-term care: http://online.wsj.com/article/SB10001424052970203961204577269842991276650.html?mod=googlenews_wsj

Estate Tax Exclusion Scheduled to be Reduced on January 1, 2013. Currently, the federal estate tax exemption (the amount an individual can pass to his or her heirs free of estate tax) is $5,000,000. However, under current law, that exclusion amount is scheduled to reduce to $1,000,000 on Jan. 1, 2013. Will Congress act before January 1, 2013 to prevent the scheduled reversion? Although surveys show that most estate planners believe that the $5,000,000 exclusion will remain, it is really impossible to predict the final outcome (and exclusion). That's all the more reason to review and possibly amend our estate plans by the end of 2012. For larger estates worth $1,000,000 or more, it might be wise to implement a "disclaimer provision" amendment, which gives the greatest flexibility to a surviving spouse and still guards against an unexpected estate tax hit. For more information about this timely amendment, please contact us.