Articles Posted in Estate Planning

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.

Tax-free Versus Tax-deferred

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.”

It’s that time of year again. No matter what your religion or traditions, you may be planning to use time off from work to visit with family including your parents. Some children will notice their parents slipping – unable to process things the way they used to. Other parents will appear just fine but you’ll still worry about the what-ifs.

AgingParents.com did an article listing “5 Things You Need To Do After A Holiday Visit With Aging Parents.” Depending upon how prepared your parents are, you could go through these five keys in five minutes or, at the other end of the spectrum, you may need to schedule a family meeting and another visit.

First, find out what legal planning documents your parents have. If they have not been reviewed in the last three years or if your parents don’t have any, help your folks find an estate planning attorney in their state who can help them make sure they have an effective plan in place. Because every family is unique, I won’t attempt to list every legal document they might need, but here are some of the most frequently necessary:

The Wall Street Journal’s Kelly Greene covered a Congressional proposal to end this attractive opportunity earlier this year.

Right now, if you inherit an IRA or other tax-advantaged retirement account, you are allowed to stretch out the withdrawals, and therefore the income tax, over the course of your own life expectancy.

Estate planning attorneys have found a way to wrap asset protection around that inherited IRA by putting it into a special tax-advantaged trust.

CONGRESS MAY IMPOSE RETROACTIVE ESTATE TAX

There is currently no tax on the estates of those dying during 2010. Although Congress may reinstate the tax retroactively in 2010, perhaps as part of broader tax reform, this is by no means a certainty.

If Congress fails to act, a few thousand very wealthy families will have reason to celebrate, while tens of thousands of taxpayers of more modest means will pay capital gains on inherited assets – and executors will face additional and confusing administrative burdens. And if Congress does change the law retroactively, extensive litigation over inheritances is almost guaranteed.

Super Lawyers
Colorado Bar Association
Wealth Counsel
Avvo
Avvo
NAELA
SCInstitute
Boulder County Bar Association