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        <title><![CDATA[Retirement Accounts - Braverman Law Group, LLC]]></title>
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        <description><![CDATA[Braverman Law Group, LLC's Website]]></description>
        <lastBuildDate>Thu, 11 Sep 2025 16:44:55 GMT</lastBuildDate>
        
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            <item>
                <title><![CDATA[New §530A Children’s Accounts What Colorado Families and Their Advisors Need to Know]]></title>
                <link>https://www.braverman-law.com/blog/colorado-530a-children-accounts/</link>
                <guid isPermaLink="true">https://www.braverman-law.com/blog/colorado-530a-children-accounts/</guid>
                <dc:creator><![CDATA[Braverman Law Group, LLC]]></dc:creator>
                <pubDate>Thu, 25 Sep 2025 16:24:23 GMT</pubDate>
                
                    <category><![CDATA[Estate Planning]]></category>
                
                    <category><![CDATA[Retirement Accounts]]></category>
                
                
                
                
                <description><![CDATA[<p>A new children’s savings vehicle—created by Congress in July 2025 and codified at Internal Revenue Code §530A—is set to launch on July 4, 2026. Colloquially dubbed “Trump Accounts,” these custodial accounts pair low-cost, index-based investing with favorable tax treatment and, for certain newborns, a federal seed deposit. If you advise families or you are planning&hellip;</p>
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                <content:encoded><![CDATA[
<p>A new children’s savings vehicle—created by Congress in July 2025 and codified at Internal Revenue Code §530A—is set to launch on July 4, 2026. Colloquially dubbed “Trump Accounts,” these custodial accounts pair low-cost, index-based investing with favorable tax treatment and, for certain newborns, a federal seed deposit. If you advise families or you are planning for your own children, this program will soon sit alongside 529 plans, Coverdell ESAs, UTMA/UGMA custodial accounts, and trusts. Understanding how §530A fits into a Colorado estate plan now will help you deploy it effectively next summer.</p>



<h2 class="wp-block-heading" id="h-the-core-design-in-plain-terms">The Core Design in Plain Terms</h2>



<p>A §530A account is an IRA-style custodial account for a child under age 18 who has a Social Security number. Contributions can be made by parents, relatives, the child, and—crucially—employers. Earnings accumulate tax free, with investment menus limited to low-fee index mutual funds and ETFs. Total annual fund expenses are capped at 0.10 percent of assets. Distributions are tightly restricted before age 18, and early withdrawals after 18 generally trigger a 10 percent penalty unless they meet specified exceptions, notably certain education and first-home costs.</p>



<p>For U.S.-citizen babies born between January 1, 2025 and December 31, 2028, Treasury will deposit a one-time $1,000 “seed” into a §530A account as part of a pilot intended to jump-start long-term compounding.</p>



<h2 class="wp-block-heading" id="h-annual-limits-and-the-employer-angle">Annual Limits and the Employer Angle</h2>



<p>Two caps matter:</p>



<ul class="wp-block-list">
<li><strong>Total contributions</strong> to a child’s account are $5,000 per year, indexed for inflation after 2027.</li>



<li><strong>Employer contributions</strong> up to $2,500 may be made tax free to the employee, starting July 2026, if the employer follows program rules (written plan, employee notices, and nondiscrimination standards similar to dependent care assistance programs).</li>
</ul>



<p>The employer exclusion rides on a new Code provision and, notably, these programs are not ERISA plans, reducing compliance complexity compared with retirement benefits—though employers still must satisfy nondiscrimination and communication duties. Expect additional Treasury guidance on open questions, for example, coordination where an employee has multiple eligible children.</p>



<h2 class="wp-block-heading" id="h-how-530a-compares-to-existing-tools">How §530A Compares to Existing Tools</h2>



<ul class="wp-block-list">
<li><strong>529 plans</strong> remain the heavy lifter for education. 529s allow much larger contributions, tax-free earnings, and penalty-free withdrawals for qualified education, with growing flexibility for limited Roth rollovers. §530A is narrower but adds an employer-funded path and a universal newborn seed for eligible births. Nothing prevents a family from using both.</li>



<li><strong>Coverdell ESAs (Code §530)</strong> can also fund K-12. Their low annual cap and income phase-outs have constrained usage; §530A’s employer contribution feature and potential seed grant may make it more attractive for very young children.</li>



<li><strong>UTMA/UGMA custodial accounts</strong> are simple but tax-inefficient as balances grow and provide no employer funding or federal seed. §530A adds tax-free buildup with fee discipline and guardrails around early use.</li>



<li><strong>Trusts</strong>—for example, a Colorado revocable trust holding a sub-trust for minors—offer unmatched control and creditor protection but involve drafting and administration costs. §530A can complement trust design by building a low-friction, tax-favored “first dollars” bucket for education and launching-into-life expenses. Many families will pair trust distributions with employer-funded §530A contributions to diversify sources.</li>
</ul>



<h2 class="wp-block-heading" id="h-investment-and-fee-discipline-baked-into-the-statute">Investment and Fee Discipline Baked Into the Statute</h2>



<p>One of the most distinctive features is the statutory insistence on index-tracking funds with ultra-low expense ratios—a guardrail rarely seen in the Code. That design aims to maximize the compounding benefit of the seed deposit and family contributions. Providers are expected to offer menus anchored to broad indices such as total U.S. equity, S&P 500, and total bond funds. For practitioners, this reduces the due-diligence burden around fund selection while imposing operational constraints on custodians.</p>



<h2 class="wp-block-heading" id="h-access-rules-and-penalties">Access Rules and Penalties</h2>



<p>Before age 18, withdrawals are tightly limited (think rollovers and corrections). After 18 and before 59½, a 10 percent penalty generally applies, with statutory exceptions for qualified education and first-home costs. After 59½, the account behaves much like an IRA. In addition, at age 18 the child must have taxable earned income to continue making new contributions, mirroring IRA logic. For planners, those rules point to §530A as a pre-college accumulation vehicle with carefully defined “on-ramps” for education and home formation.</p>



<h2 class="wp-block-heading" id="h-administration-and-compliance-for-employers">Administration and Compliance for Employers</h2>



<p>If you sponsor benefits, mark your calendar for July 2026. To exclude employer contributions from employees’ income, you will need a written program, employee notices, and nondiscrimination practices analogous to dependent care rules. These programs are voluntary and outside ERISA, but payroll, HRIS, and TPA coordination will be essential. Employers should also plan for practical controls: child-level contribution caps, mid-year job changes, and attestation processes when an employee has multiple eligible children.</p>



<h2 class="wp-block-heading" id="h-estate-planning-implications-for-colorado-families">Estate Planning Implications for Colorado Families</h2>



<p>From a planning lens, §530A is best understood as a narrow, high-efficiency sleeve inside a broader family strategy:</p>



<ul class="wp-block-list">
<li><strong>Guardianship and Incapacity.</strong> Because the child is the account owner and the account is custodial before majority, ensure your Colorado wills and parental nominations of guardian designate a trusted adult to interact with the custodian and, later, to counsel the child as they reach 18. The account itself should not pass through probate if properly titled, but the identity and cooperation of the custodian matter.</li>



<li><strong>Trust Coordination.</strong> If your revocable trust includes education and health standards for minors, map those standards to the permitted §530A distribution categories. A trustee might preserve §530A assets for penalty-free uses and satisfy other needs from the trust, or the reverse, depending on investment performance and timing.</li>



<li><strong>Funding Sequence.</strong> For babies eligible for the $1,000 seed, open the §530A as early as the custodian allows to capture maximum compounding. For older children, consider annual “stacking”: fund the §530A up to the family’s target (and capture any employer contribution), then 529 for larger education needs, then UTMA or trust for flexible spending.</li>



<li><strong>Creditor and Divorce Exposure.</strong> §530A accounts do not replace the asset-protection envelope you can build with properly drafted trusts. If shielding family capital from future claims is a priority, use §530A for narrow, statutory purposes and continue to rely on trust structures (and, where appropriate, Wyoming entities) for wealth preservation.</li>
</ul>



<h2 class="wp-block-heading" id="h-practical-questions-we-are-fielding-and-what-we-know">Practical Questions We Are Fielding (and What We Know)</h2>



<ul class="wp-block-list">
<li><strong>Can there be more than one account per child?</strong> No—there is one account per child, with limited rollovers (including to an ABLE account) permitted.</li>



<li><strong>What if a parent changes jobs mid-year?</strong> Expect aggregate caps to apply at the child level. Employers will need certification or attestation processes to avoid overfunding. Treasury guidance should address coordination mechanics.</li>



<li><strong>How are the funds invested at launch?</strong> Only index-tracking mutual funds and ETFs under the 0.10 percent fee ceiling. Target-date index options may emerge if they meet the cap.</li>



<li><strong>Will employers actually use this?</strong> Early indications suggest many will, particularly large tech and professional-services firms eager to add family-friendly benefits without ERISA complexity.</li>
</ul>



<h2 class="wp-block-heading" id="h-action-steps-for-clients-and-counsel-before-july-2026">Action Steps for Clients and Counsel Before July 2026</h2>



<ul class="wp-block-list">
<li><strong>Inventory</strong> your current children’s accounts (529, UTMA, trusts) and model how a $5,000 annual §530A layer—plus any employer dollars—changes your education and first-home funding plan.</li>



<li><strong>Coordinate</strong> with HR if an employer contribution is available; ask about plan documents, nondiscrimination testing, and enrollment timing.</li>



<li><strong>Draft</strong> or update powers of attorney for minors where appropriate and confirm your Colorado guardianship nominations so a responsible adult can manage the account if needed.</li>



<li><strong>Calibrate</strong> your trust distribution standards and beneficiary education language to align with §530A’s permitted uses.</li>
</ul>



<p>Braverman Law Group is already integrating §530A into Colorado estate plans—alongside 529s, trusts, and, when appropriate, Wyoming entities—to balance tax efficiency with the control families expect. If you would like a tailored roadmap for your children or your clients, we are here to help. Give us a call at (303) 800-1588 to schedule a free consultation today. </p>



<p>Note: <em>This summary reflects the statute and agency commentary available as of September 2025; Treasury and IRS guidance may refine several points before the July 2026 launch.</em></p>



<p></p>
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                <title><![CDATA[Required Minimum Distributions: What You Need to Know]]></title>
                <link>https://www.braverman-law.com/blog/required-minimum-distributions-what-you-need-to-know/</link>
                <guid isPermaLink="true">https://www.braverman-law.com/blog/required-minimum-distributions-what-you-need-to-know/</guid>
                <dc:creator><![CDATA[Braverman Law Group, LLC]]></dc:creator>
                <pubDate>Wed, 31 Jul 2024 19:34:00 GMT</pubDate>
                
                    <category><![CDATA[Retirement Accounts]]></category>
                
                    <category><![CDATA[Taxation]]></category>
                
                
                
                
                <description><![CDATA[<p>If you have an Individual Retirement Account (IRA), you will be subject to required minimum distributions (RMDs) when you turn 73. By definition, an RMD is an amount of money that the IRS requires you to withdraw from your IRA once you reach the age of 73. The exact amount depends on every person and&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>If you have an Individual Retirement Account (IRA), you will be subject to required minimum distributions (RMDs) when you turn 73. By definition, an RMD is an amount of money that the IRS requires you to withdraw from your IRA once you reach the age of 73. The exact amount depends on every person and how much money is in their account, and there can be significant consequences if you fail to withdraw your required amount. On today’s blog, we review the basics of RMDs. Because an RMD can differ greatly depending on each person’s circumstances, if you have questions about how this blog post applies to you, contact a Boulder estate planning attorney that can help you assess your needs and goals in relation to your IRA.</p>



<h2 class="wp-block-heading" id="h-how-does-the-irs-calculate-rmds">How Does the IRS Calculate RMDs?</h2>



<p>To make things simple, there are calculators you can use to figure out how much you need to withdraw from your IRA when you turn 73 years old. The calculator works by dividing your account’s year-end balance by your current year’s life expectancy factor. The IRS has what it calls a “Uniform Life Expectancy Table,” where it assigns you a life expectancy factor based on your current age. As you get older, your life expectancy goes down, so the denominator of your calculation will also go down. It follows that an older person with $100,000 in his IRA will have to withdraw more money than a younger person with $100,000 in his IRA.</p>



<p>There is, however, an exception to this method of calculation. The exception applies if you have a spouse that is over 10 years younger than you and that is named as the full beneficiary of your account for the whole year. In this limited scenario, the IRS uses a “Joint Life Expectancy Table” instead of a “Uniform Life Expectancy Table.” Your combined life expectancy with your spouse will be smaller, which of course means your RMD is then lower.</p>



<p>Of note, you can always withdraw more than the RMD requires you to withdraw. However, whatever money you do withdraw will be taxed as ordinary income, so few people decide to exercise the option to take more than necessary.</p>



<h2 class="wp-block-heading" id="h-which-accounts-require-you-to-take-rmds">Which Accounts Require You to Take RMDs?</h2>



<p>In general, the following types of IRAs are subject to RMDs: traditional, rollover, inherited, simplified employee pension, and savings incentive match for employees. Qualified retirement plans are also generally subject to RMDs. Roth IRAs, on the other hand, are almost always exempt from the requirement.</p>



<p>It is important to understand that account owners must calculate their RMD separately for each IRA account they own. After calculating this amount, though, they can withdraw the total RMD from one single account. The exception to this rule comes into play if you own a 401(k) or 457(b) plan, under which the IRS requires you to take the RMDs separately from each account.</p>



<h2 class="wp-block-heading" id="h-when-does-the-ira-require-you-to-take-rmds">When Does the IRA Require You to Take RMDs?</h2>



<p>In short, you must start taking RMDs when you turn 73. This means that your deadline is December 31 in whichever year you have your 73rd birthday. You can also, however, delay the process and take your first RMD the next calendar year – as long as you take it by April 1 of that following year. Your deadline for a second RMD is December 31 of the year after you turn 73. For this second deadline, there is no option to delay.</p>



<h2 class="wp-block-heading" id="h-what-happens-if-you-don-t-take-an-rmd">What Happens if You Don’t Take an RMD?</h2>



<p>The IRS imposes penalties for those that do not take their RMDs. If you miss the deadline for your RMD, you will face a 25% excise tax on your RMD withdrawals. If you correct the error quickly, however, it is possible to get this tax lowered to 10%. Either way, the penalty is harsh if you fail to abide by the IRS’s deadlines.</p>



<h2 class="wp-block-heading" id="h-what-are-the-options-for-receiving-an-rmd">What Are the Options for Receiving an RMD?</h2>



<p>You can take your RMD in the form of a lump sum or in the form of smaller payments. You can also schedule the payments to hit your bank account automatically over a period of time. If you do not want your RMD as cash, you can immediately put it in an investment account or a trust that you have set up. You might also choose to put the money in a high yield savings account or to give the money to a charitable cause. As always, with questions about this process, you should contact a wealth advisor or estate planning attorney that can help you sort through your options.</p>



<p>There is much more to RMDs than we have included in this blog post. RMDs are complicated, and the IRS’s rules on RMDs are frequently changing. At Braverman Law Group, we don’t recommend you try to go it alone. The tax penalties are too high, and when there is a lot at stake, you need an expert in your corner. Because RMDs change so significantly from person to person, from circumstance to circumstance, your best bet is making sure you have sound, experienced advice available to you about how to navigate this complex process.</p>



<h2 class="wp-block-heading" id="h-speak-with-a-boulder-colorado-estate-planning-attorney-today">Speak With a Boulder, Colorado Estate Planning Attorney Today</h2>



<p>RMDs should factor into how you think about your estate plan. The IRS does not allow you to keep your IRA at its full value for the rest of your life, so how does this affect how much you will leave behind for your beneficiaries? What exactly will be left when you pass? To talk through the answers to these questions, contact the Braverman Law Group today. Our firm is committed to providing personalized counseling, clear explanations, and powerful execution. We have the experience and the strategy to get you the results you need, when you need them the most.</p>



<p>For a free, no-obligation consultation with one of our Boulder estate planning attorneys, give us a call today at (303) 800-1588. If you prefer, you can also fill out our online form to tell us about your legal issue and have a member of our team reach back out to you as soon as possible. We cover estate planning, trust administration, special needs planning, Medicaid planning, and more.</p>
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                <title><![CDATA[SECURE Act 2.0 Changes for Federal Retirees]]></title>
                <link>https://www.braverman-law.com/blog/secure-act-2-0-changes-for-federal-retirees/</link>
                <guid isPermaLink="true">https://www.braverman-law.com/blog/secure-act-2-0-changes-for-federal-retirees/</guid>
                <dc:creator><![CDATA[Braverman Law Group, LLC]]></dc:creator>
                <pubDate>Wed, 08 Feb 2023 10:10:16 GMT</pubDate>
                
                    <category><![CDATA[Estate Planning]]></category>
                
                    <category><![CDATA[Retirement Accounts]]></category>
                
                
                
                
                <description><![CDATA[<p>On December 29, 2022, the SECURE 2.0 Act was passed in an effort to make retirement planning easier for federal retirees. The Act, however, contains myriad provisions and may be difficult to comb through for someone looking to adapt their retirement plans to take advantage of the more lenient new rules. Staying abreast of legislative&hellip;</p>
]]></description>
                <content:encoded><![CDATA[

<p>On December 29, 2022, the <a href="https://www.federaltimes.com/fedlife/financial-planning/2023/01/11/what-the-secure-20-act-means-for-your-federal-retirement-planning/" rel="noopener noreferrer" target="_blank">SECURE 2.0</a> Act was passed in an effort to make retirement planning easier for federal retirees. The Act, however, contains myriad provisions and may be difficult to comb through for someone looking to adapt their retirement plans to take advantage of the more lenient new rules. Staying abreast of legislative changes to retirement requirements and benefits can help ensure there are no surprises when the time comes to begin withdrawing retirement funds. And knowing how to plan around certain requirements during early retirement planning can ensure your nest egg is as large as it needs to be to meet your needs when your retirement day approaches.</p>

<p><strong>Required Minimum Distributions Changes</strong></p>

<p>Many of the SECURE 2.0 Act’s new provisions are around required minimum distributions or withdrawals that must be taken from certain retirement accounts, such as traditional IRAs or Thrift Savings Plans, when the account holder reaches a certain age. These rules stand to make sure retirement accounts are not used as wealth transfer vehicles but are instead used by a retiree during their lifetime.</p>

<p>The act now delays the start age from 72 to 73 starting in 2023, and it will increase again to 75 in 2033. Financial planners caution that this may not be beneficial for tax purposes, though on its face, it seems more lenient. And for individuals close to these minimum ages, more time to plan and strategize could be a benefit. Always conduct a financial planner and your attorney when planning these withdrawals.</p>

<p>In addition, penalties assessed when a retiree fails to take these required minimum distributions have been eased. The penalty was once an excise tax of 50%, but that fee has halved to 25%. If the error is corrected, the penalty is only 10%.</p>

<p><strong>Other Changes</strong></p>

<p>In addition to the required minimum distribution changes, some other provisions have been passed. For one, small businesses are eligible to receive a tax credit for opening up benefits to military spouses. In addition, the Department of Labor and the Department of Treasury will now conduct a study on the impact of inflation on retirement savings pursuant to the Act.</p>

<p>Other provisions include an expansion of automatic enrollment in retirement plans, penalty-fee withdrawals for more classes of emergencies, the exclusion of some service-related disability payments from gross income for first responders, and a database to help people track down lost 401(k) plans or pensions to find contact information for their plan administrators.</p>

<p><strong>Speak with a Colorado Estate Planning Attorney Today</strong></p>

<p>Planning for retirement may seem like jumping through needless hoops. Having a team of professionals on your side can make the process go smoothly and ensure there are no surprises when it comes time to leave the workforce and enjoy your retirement. Braverman Law Group is here to help clients with retirement and <a href="/practice-areas/estate-planning/">estate planning</a> at any stage of the process. To schedule a free, no-obligation consultation with one of our trusted attorneys, give us a call today at (303) 800-1588.</p>

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                <title><![CDATA[How to Plan for Retirement in Colorado]]></title>
                <link>https://www.braverman-law.com/blog/how-to-plan-for-retirement-in-colorado/</link>
                <guid isPermaLink="true">https://www.braverman-law.com/blog/how-to-plan-for-retirement-in-colorado/</guid>
                <dc:creator><![CDATA[Braverman Law Group, LLC]]></dc:creator>
                <pubDate>Sat, 30 Apr 2022 17:02:54 GMT</pubDate>
                
                    <category><![CDATA[Estate Planning]]></category>
                
                    <category><![CDATA[Retirement Accounts]]></category>
                
                
                
                
                <description><![CDATA[<p>Many individuals look forward to the day when they retire and spend their days relaxed and free—be it at home reading a book or tanning on a beach. However, they may not think about the planning they need to do beforehand to actually enjoy their retirement. Most people think about the most important aspect—saving money—but&hellip;</p>
]]></description>
                <content:encoded><![CDATA[

<p>Many individuals look forward to the day when they retire and spend their days relaxed and free—be it at home reading a book or tanning on a beach. However, they may not think about the planning they need to do beforehand to actually enjoy their retirement. Most people think about the most important aspect—saving money—but they do not think about other critical aspects of <a href="https://www.justia.com/estate-planning/" rel="noopener noreferrer" target="_blank">estate planning</a>. Some of these steps are simpler than others but all are crucial financial preparation in order to be comfortable in retirement. Below are these vital steps Coloradans should accomplish as they prepare for retirement.</p>

<p><strong>Paying Off Debt</strong></p>

<p>While saving for retirement is extremely important, paying off any outstanding debts is just as critical. This includes debts from credit cards, mortgages, and student loans. Otherwise, the money the individual is saving for retirement will be eaten into by further debt repayment over the years. Many people overlook this crucial step and paying off debts sooner than later will leave more money in the future for retirement pursuits.</p>

<p><strong>Retaining Health Insurance and Other Forms of Insurance</strong></p>

<p>When people near retirement, it is essential they focus on the health insurance they have—both now and in the future. Especially are individuals age—and more health issues arise—they tend to rely on health insurance more than before. Beyond qualifying more Medicare when a person reaches 65 years old, many estate planning attorneys recommend having supplemental insurance as well. This can be one of many options, including a Medigap policy, a Medicare Advantage plan, or—if the individual was a federal employee—their federal employee health benefits.</p>

<p>Many individuals wonder why they require this supplemental coverage. While Medicare is very important and useful, it has many gaps in coverage. These gaps may include critical services like vision care and hearing aids, as well as deductibles and coinsurance. Having supplemental coverage makes sure an individual will be covered health insurance-wise once they are officially retired.</p>

<p>Similarly, individuals nearing retirement should not neglect insurance coverage for other aspects of their life, including home and auto insurance. These types of insurance are just as critical and will still be needed during retirement.</p>

<p>Thinking about retirement can be both exciting and scary. While the above steps are important for retirement planning, there are other aspects that Coloradans should consider as they near this momentous life occasion. Speaking with an experienced estate planning attorney can ensure that they are not forgetting any planning steps before it is too late.</p>

<p><strong>Contact a Boulder Estate Planning Attorney</strong></p>

<p>If you or a loved one has questions about retirement, contact the Boulder <a href="/practice-areas/estate-planning/">estate planning attorneys</a> at the Braverman Law Group. Our attorneys have years of experience drafting estate plans, discussing retirement strategies, and creating trust and retirement accounts. Saving and planning for retirement is extremely important, so by working with the attorneys at the Braverman Law Group, you are in trusted hands. To schedule a free, no-obligation consultation with one of our estate planning attorneys, give us a call today at (303) 800-1588.</p>

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                <title><![CDATA[Colorado Estate Planning in Light of the SECURE Act]]></title>
                <link>https://www.braverman-law.com/blog/colorado-estate-planning-in-light-of-the-secure-act/</link>
                <guid isPermaLink="true">https://www.braverman-law.com/blog/colorado-estate-planning-in-light-of-the-secure-act/</guid>
                <dc:creator><![CDATA[Braverman Law Group, LLC]]></dc:creator>
                <pubDate>Mon, 21 Jun 2021 22:25:25 GMT</pubDate>
                
                    <category><![CDATA[Estate Planning]]></category>
                
                    <category><![CDATA[Retirement Accounts]]></category>
                
                
                
                
                <description><![CDATA[<p>In an effort to provide Americans with access to retirement savings, Congress passed the Setting Every Community Up for Retirement Enhancement (SECURE) Act. The SECURE Act created profound retirement and tax reforms resulting in myriad implications for American workers. The changes should prompt individuals to reevaluate their Colorado estate plan documents to ensure a happy&hellip;</p>
]]></description>
                <content:encoded><![CDATA[

<p>In an effort to provide Americans with access to retirement savings, Congress passed the Setting Every Community Up for Retirement Enhancement (SECURE) Act. The <a href="https://www.investopedia.com/what-is-secure-act-how-affect-retirement-4692743" rel="noopener noreferrer" target="_blank">SECURE Act</a> created profound retirement and tax reforms resulting in myriad implications for American workers. The changes should prompt individuals to reevaluate their Colorado estate plan documents to ensure a happy and secure retirement.</p>

<p>The SECURE Act requires Colorado certain employers to offer their employees a retirement savings plan or enroll their qualifying workers in a state-sponsored retirement account. The Act applies to most employers besides small private and nonprofit entities. Significant changes include 401(k)s, IRAs, and 529 college savings accounts. The ACT offers small Colorado business owners a tax credit for starting a workplace retirement plan. Further, new parents receive a benefit in the form of a penalty-free $5,000 withdrawal from a 401(k) or IRA following the birth or adoption of a child.</p>

<p>One of the most significant changes involves the elimination of the “stretch” option for retirement accounts. Under the Act, the majority of non-spouse beneficiaries must withdraw the balance of any inherited retirement accounts within ten years. Beneficiaries must adjust their withdrawal plans to avoid a drastic increase in their tax bills. Before the change, beneficiaries of inherited retirement accounts could opt to take distributions over their lifetime. The change may result in a change of a beneficiaries tax bracket, thus receiving more minor of the funds in the account than initially planned.</p>

<p>The new plan excludes certain groups of individuals from the 10-year-rule. Current beneficiaries and spousal beneficiaries can continue to use the “stretch provision.” Further, the 10-year-rule does not apply for minors until the minor reaches 18-years-old. Finally, those who meet the governmental definitions for “disabled” or “chronically ill” are not subject to the rule.</p>

<p>In light of the new model, individuals should consult with a Colorado attorney to reevaluate their estate plans. Post-SECURE inherited retirement accounts will not provide beneficiaries with the same benefits. As such, individuals should consider alternative options to transfer wealth along with tax benefits. Some options that individuals should consider are Revocable Living Trusts (RLT) or Standalone Retirement Trusts (SRT), Charitable Remainder Trusts (CRT), Irrevocable Life Insurance Trusts (ILIT), and Multi-Generational Spray Trusts. A Colorado estate planning attorney can assist individuals in creating or modifying an existing estate plan to protect their assets for generations to come.</p>

<p><strong>Modifying Existing Colorado Estate Plans</strong></p>

<p>Under the new tax paradigm, it is advisable that individuals contact the Colorado <a href="/practice-areas/estate-planning/">estate planning attorneys</a> at the Braverman Law Group. The attorneys at our law firm can provide Coloradans with critical assistance in developing effective asset protection in light of the recent tax changes. Our attorneys handle all aspects of Colorado estate plans, including special needs planning, gun trusts, and asset protection. We handle drafting and creating documents and representing clients during probate proceedings in court. The experienced attorneys at our office can ensure that you feel secure in your plans for the future. Contact our office at 303-800-1588 to schedule a free initial consultation with an attorney on our team.</p>

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                <title><![CDATA[Estate Planning! The Cure to Unhappiness about Thick Stacks of Legal Papers!]]></title>
                <link>https://www.braverman-law.com/blog/estate-planning-the-cure-to-unhappiness-about-thick-stacks-of-legal-papers/</link>
                <guid isPermaLink="true">https://www.braverman-law.com/blog/estate-planning-the-cure-to-unhappiness-about-thick-stacks-of-legal-papers/</guid>
                <dc:creator><![CDATA[Braverman Law Group, LLC]]></dc:creator>
                <pubDate>Wed, 09 Jul 2014 07:00:00 GMT</pubDate>
                
                    <category><![CDATA[Estate Planning]]></category>
                
                    <category><![CDATA[Retirement Accounts]]></category>
                
                
                
                
                <description><![CDATA[<p>Most of us think, “thick stack of legal papers”? Ugh! “No, thank you!” But when it comes to estate planning, it’s just the opposite. You see, legal problems in estates are often caused not by bad estate planning, but by Failure-To-Plan (“FTP”), even in estates where the person or couple thought they’d done everything right.</p>
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<p>Most of us think, “thick stack of legal papers”? Ugh! “No, thank you!” But when it comes to estate planning, it’s just the opposite. You see, legal problems in estates are often caused not by bad estate planning, but by Failure-To-Plan (“FTP”), even in estates where the person or couple thought they’d done everything right.</p>

<p>FTP is insidious and you don’t even know if you have it because it’s invisible! It’s the absence of a clause your estate plan needs after you’re gone and can’t add the clause anymore. It’s the missing Asset Protection Trust for the divorcing child. It’s the Special Needs Trust that they intended to get to but kept putting off because they couldn’t bear to truly face how serious their son’s mental illness was.</p>

<p>Avoidance of FTP is why our estate planning documents are so thick and why we include so many of them. I’ve heard clients say, I can’t even count how many times, “I just want a simple plan.” Sometimes I respond, “When? Simple now? Or Simple later?” There are exceptions, of course, but in general: the easier it is to plan now, the harder it will be to administer later.</p>

<p><strong>Failure to Plan</strong></p>

<p>This blog entry is meant to provide you, the reader, with an overview of the documents that our estate planning clients learn about top-to-bottom when they join the firm. That’s because we customize each document to each client’s unique situation, wishes, and friends and family. So, we have a thorough discussion with each client about each document with nearly infinite arrays always available depending upon client preference.</p>

<p>Because there are so very many documents, and some of them are hard to explain clearly in a quick blog article, I’ve broken this article into Parts. Today, is about the Big Four, which you should find in any trust-based estate plan. And the other three should be in any estate plan, trust or not.</p>

<p>Revocable Living Trust(“RLT”) is the centerpiece of most, but not all, estate plans in our firm. Properly funded, it avoids probate, reduces or eliminates estate tax, and can provide for you during your incapacity (it happens to 80% of people at some point) without any need for court involvement. After you’re gone, it is the most flexible tool available to plan for how and when your beneficiaries will receive their gifts from you and who will manage that process.</p>

<p>Will is a document that directs where your assets go when you die but it can only do that within the probate process. Since probate is typically more expensive, more time-consuming, more public, more rule-bound and less desireable for other reasons, we use the RLT to avoid it. However, just in case some of your assets were not properly transferred to your RLT during your life, your Will is there as a backup document to put those outlying assets through probate and into your RLT. A more expensive and time-consuming process than if you had properly put the assets into your RLT during your lifetime, but the Will is a good way to ensure your assets all go where you want them to go no matter what. It may be lengthier than you expect because we include a lot of “what if” scenarios in your Will to cover all of your bases.</p>

<p>Durable Power of Attorney for Finance (“DPOA”) is a lengthy document because we must list all of the powers that we want to be sure your Agent under the DPOA has all of those powers (e.g. the power to care for your pet). The DPOA becomes effective when you become incapacitated. You may be wondering if you have a trust, why you need a DPOA. It’s because, although your successor trustee can manage your RLT while you’re incapacitated – and handle all of your finances that way – the DPOA handles financial issues that are not related to your trust. These include, for example:
</p>

<ul class="wp-block-list">
<li>assets not in your trust, like retirement accounts (which may be payable to the trust as a beneficiary but which are never “owned” by the trust, you retain ownership for tax reasons);</li>
<li>financial issues that don’t deal with assets, like applying for Medicare when you turn 65, or dealing with claims with your health insurance company before then; and</li>
<li>non-financial, non-health powers that just don’t fit anywhere else (like caring for your pets or providing for your comfort).</li>
</ul>

<p>
Healthcare Power of Attorney (“HCPOA”) is usually a shorter document, depending upon how much experience the client has with medical care. The more experience, the more specific instructions they may wish to include, especially if they have a known chronic or terminal illness with predictable treatment options that they have strong opinions on. Otherwise, the primary purpose of the document is to convey decision-making authority over your healthcare decisions from you to the person you trust (named in the document) in the event that you are incapacitated and cannot make the decisions yourself. You also have an opportunity to name 1 or more backup decision-makers, which we strongly recommend.</p>

<p>Be sure to come back for more when we’ll be discussing the HIPAA release, the emergency wallet card, the guardian nomination and the memorandum of personal property!
</p>

<p>Related Posts: <a href="/blog/robin-williams-estate-plan-has-problems-that-cant-be-fixed/">Robin Williams’ Estate Plan Has Problems That Can’t Be Fixed</a>, <a href="/blog/how-forbes-got-major-errors-in-estate-planning-wrong-part-ii/">How Forbes Got Major Errors in Estate Planning Wrong – Part II</a>, <a href="/blog/how-forbes-got-major-errors-in-estate-planning-wrong/">How Forbes Got “Major Errors in Estate Planning” Wrong</a>, <a href="/blog/estate-planning-technology-develops-quickly/">Estate Planning Technology Develops Quickly</a></p>

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                <title><![CDATA[Tax Savings Through The New “MyRA”]]></title>
                <link>https://www.braverman-law.com/blog/tax-savings-through-the-new-myra/</link>
                <guid isPermaLink="true">https://www.braverman-law.com/blog/tax-savings-through-the-new-myra/</guid>
                <dc:creator><![CDATA[Braverman Law Group, LLC]]></dc:creator>
                <pubDate>Tue, 18 Feb 2014 07:00:00 GMT</pubDate>
                
                    <category><![CDATA[Retirement Accounts]]></category>
                
                    <category><![CDATA[Taxation]]></category>
                
                
                
                
                <description><![CDATA[<p>As ever, your watchdogs, Bennett and Diedre Braverman were glued to the national scene when President Obama gave his State of the Union address in case anything of value fell out for us to tell you about.</p>
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                <content:encoded><![CDATA[

<p>As ever, your watchdogs, Bennett and Diedre Braverman were glued to the national scene when President Obama gave his State of the Union address in case anything of value fell out for us to tell you about.</p>

<p><strong>This won’t be of interest to many of you, I’ll admit right up front. It’s a niche blog post. But I couldn’t ignore it because for those of you who own businesses or have children launching into the workforce, this could be great news!</strong>
<strong>If you don’t offer a traditional retirement plan, until now, you’ve been at a loss, without tools to help your lowest-wage earners with retirement.</strong>
<strong>Likewise, <em>if your kids are at a first or second job</em>, they probably aren’t being offered the full retirement package and this could help them start the retirement savings habit as soon as they start working – a great idea!</strong>
<strong>Not to mention the tax savings…</strong></p>

<p>The Obama administration has created a new retirement plan just for those starting out with retirement savings. It’s called the MyRA and if you blinked during the State of the Union address, you might have missed it.</p>

<p>It boils down to a safe, entry-level Roth IRA for people who want to invest as little as five dollars ($5.00) at a time with zero risk. It has a fixed return.</p>

<p><strong>A Quick Lesson on Basis</strong></p>

<p>I say it’s like a Roth-IRA because withdrawals of principal (technically, of basis) are tax-free. That distinction between principal and basis is an important one when our hypothetical investor gets into the big bad unsheltered world of retirement savings where investments go down sometimes.</p>

<p>If an investment goes down, and you get to withdraw principal tax-free, you just lost some of your tax-free money because your principal disappeared when your investment dropped below what you put into it.</p>

<p>But if you can withdraw tax-free the value of what you put in – regardless of what it is worth today – you get to withdraw your “basis”. So if your investment in Buff Brownies got cut in half but your investment in Clean Cars doubled, you can withdraw a lot of those Clean Cars <em>gains</em> tax-free (normally gains would be subject to tax) because you are applying the basis leftover from your investment in Buff Brownies that you can’t use against Buff Brownies because Buff Brownies’s stock dropped and the money isn’t there to withdraw.</p>

<p><strong>To qualify:</strong>
</p>

<ul class="wp-block-list">
<li>The employer must not offer a “traditional” retirement plan (Obama didn’t define “traditional” during the speech so we’ll have to see what that means in the coming months;</li>
<li>The participant (kid/employee) must earn less than one hundred, ninety-one thousand dollars ($191,000) per year (Obama didn’t specify whether that was individual or family income so that we’ll have to wait and see on that too).</li>
</ul>

<p>
The participant’s first investment must be at least twenty-five dollars ($25). Subsequent investments must be at least five dollars ($5) each.</p>

<p>Once the MyRA totals fifteen thousand dollars ($15,000), the participant must roll it over into a private Roth IRA. It is unclear if they may then open another MyRA.</p>

<p>For our readers who work with and can help people who would benefit from knowing about this new plan and for those who have children who are just launching into their work careers and can benefit from having a retirement vehicle that starts them early on the path to a lifetime savings habit, I hope this has been a helpful blog article. Please share your thoughts in the comments.
</p>

<p></p>

<p>
</p>

<p>Rabbit and Boa Constrictor thanks to herpcenter.com</p>

<p>
<strong>If you’d like me to keep you up to date as this rabbit of legislation wends its way through the boa constrictor that is our nation’s capitol, please let me know in the comments why you’re interested in it – whether it’s for your own use, for your children, for sharing with friends, with employees, or for some other purpose. It’ll help me give you the most relevant information.</strong>
<strong>And be sure to check “Yes” on the poll! Thanks!</strong>
</p>

<p>Related Posts: <a href="/blog/estate-planning-the-cure-to-unhappiness-about-thick-stacks-of-legal-papers/">Estate Planning! The Cure to Unhappiness about Thick Stacks of Legal Papers!</a>, <a href="/blog/retirement-accounts-are-limited-in-their-investment-choices/">Retirement Accounts are Limited in Their Investment Choices</a></p>

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                <title><![CDATA[Retirement Accounts are Limited in Their Investment Choices]]></title>
                <link>https://www.braverman-law.com/blog/retirement-accounts-are-limited-in-their-investment-choices/</link>
                <guid isPermaLink="true">https://www.braverman-law.com/blog/retirement-accounts-are-limited-in-their-investment-choices/</guid>
                <dc:creator><![CDATA[Braverman Law Group, LLC]]></dc:creator>
                <pubDate>Tue, 13 Aug 2013 07:00:00 GMT</pubDate>
                
                    <category><![CDATA[Estate Planning]]></category>
                
                    <category><![CDATA[Legal]]></category>
                
                    <category><![CDATA[Retirement Accounts]]></category>
                
                    <category><![CDATA[Taxation]]></category>
                
                
                
                
                <description><![CDATA[<p>First, let me share the fabulous news about “Retirement Accounts” then the bad news that I have to tell all the people who ask me about investment choices in a Retirement Account.</p>
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                <content:encoded><![CDATA[

<p>First, let me share the fabulous news about <strong>“Retirement Accounts”</strong> then the bad news that I have to tell all the people who ask me about <strong>investment choices</strong> in a Retirement Account.
</p>

<h2 class="wp-block-heading">Tax-free Versus Tax-deferred</h2>

<p>
Retirement Accounts – 401(k)s, (403(b)s, IRAs and others – have wonderful tax advantages. Some allow you to put pre-tax money into an account, which then grows tax-free for years or evendecades until you withdraw it. When you withdraw it, you pay tax on the withdrawal. So they aren’t “tax-free”, they’re “tax-deferred.”</p>

<p>Others, called Roth accounts, work differently. You put after-tax money in them (in other words, you have paid income tax and other taxes like unemployment, etc. on the income before you deposit the money into the account). The money grows tax-free. That is, you do not pay income tax each year on the gains in the account. Then, when you withdraw the money, it’s all tax-free: both the after-tax deposits you made and the gains on those after-tax deposits which you never did (and never will) pay any tax on.</p>

<p>These are pretty compelling reasons for putting money into Retirement Accounts.
</p>

<h2 class="wp-block-heading">Estate Planning with Retirement Accounts</h2>

<p>
</p>

<p></p>

<p>
</p>

<p>How big can it get?</p>

<p>
From an estate planning perspective, Retirement Accounts provide some attractive planning options. You can pass Retirement Accounts on to younger generations in ways that allow your beneficiaries to defer paying taxes on the funds in the accounts for, perhaps, decades as the inherited Retirement Accounts grow tax-free (for Roths) or tax-deferred (for non-Roths). When we’re talking about an inheritance by a prudent 20-year old or, even more securely, a trustee for a 20-year old, the inherited Retirement Account could be worth two or three or ten times its original value when inherited.
</p>

<h2 class="wp-block-heading">Types of Retirement Account Investments</h2>

<p>
Now, there is a question I often get that I must answer here in a way that you may not like. Unlike other kinds of accounts, most Retirement Account custodians only offer paper investments as options for investment. That leaves out entire classes of investment such as real estate, tax liens and small businesses. This article ends here if you own a 401(k) or 401(3)b and you can’t roll it over into an IRA.</p>

<p>If you have an IRA, or the option to rollover into an IRA, there are a few “self-directed IRA” custodians (a “custodian” is the company that holds your money and complies with IRS requirements for IRA reporting and – most importantly – gives it back to you when you want it) who will permit you to invest in any of those non-traditional classes of investment.
</p>

<h2 class="wp-block-heading">Protect Yourself From Danger</h2>

<p>
</p>

<p></p>

<p>
</p>

<p>Caution up front makes for a safe retirement later.</p>

<p>
A web search will turn up a few. Because they are not well-known companies, I cannot tell you about any experiences our clients have had with any of them. But please do read this warning from The North American Securities Administrators Association <a>Self-Directed IRA Fraud</a>. I also encourage you to check out this alert from the Securities and Exchange Commission (SEC): <a>Self-Directed IRAs and the Risk of Fraud</a> It’s a pretty murky area so keep a sharp eye out and tread carefully. You don’t want to lose everything because you tried for a few extra points on your return.</p>

<p>To maximize the tax-free or tax-deferred growth of your Retirement Accounts, please give us a call at (303) 800-1588 to schedule a no obligation consultation. We’d love to help!
</p>

<p>Related Posts: <a href="/blog/robin-williams-estate-plan-has-problems-that-cant-be-fixed/">Robin Williams’ Estate Plan Has Problems That Can’t Be Fixed</a>, <a href="/blog/estate-planning-the-cure-to-unhappiness-about-thick-stacks-of-legal-papers/">Estate Planning! The Cure to Unhappiness about Thick Stacks of Legal Papers!</a>, <a href="/blog/how-forbes-got-major-errors-in-estate-planning-wrong-part-ii/">How Forbes Got Major Errors in Estate Planning Wrong – Part II</a>, <a href="/blog/how-forbes-got-major-errors-in-estate-planning-wrong/">How Forbes Got “Major Errors in Estate Planning” Wrong</a></p>

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