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Showing posts with label estate planning tips. Show all posts
Showing posts with label estate planning tips. Show all posts

Tuesday, March 1, 2011

Estate Planning Tips for Connecticut Residents

Planning an estate in Connecticut may require careful consideration and diligence to the State's laws because doing otherwise could end up costing more money and time than necessary when the estate transfers ownership. This article will discuss the planning of Connecticut estates in terms of 1) estate deductions, 2) estate relevant taxes, and 3) additional Connecticut estate planning information. It will also provides links throughout as reference, and sources of additional information regarding a particular aspect of estate planning in Connecticut.

Connecticut estate deductions

Familiarizing with estate deductions is important in reducing the value of an estate for tax purposes. For example, if an estate is taxable when it reaches a value of $2 million dollars, lowering its value via deductions to below $2 million dollars would eliminate that particular tax. In Connecticut, estates are valued after the same deductions allowed by the U.S. Internal Revenue Service. These and other deductions are viewable at the following links:

Federal estate deductions:

State estate deductions:

As evident in the above link, some examples of these deductions include estate administrative expenses, and property transferred to a spouse after the estate holder's and/or primary trustee's death. However, take note of the sentence stating in some cases property transferred to a spouse may not qualify for deduction.

To avoid complication in deductions such as transfer of property and debt, documents and financial instruments proving ownership of property and debt are of importance. For example, the IRS may require documentation that payable on death bank accounts are legitimate from the financial institution. This assists the tax agency in certifying the type of account, its applicability to an estate or lack thereof, and validation of account owners and/or beneficiaries.

Estate relevant taxes in Connecticut

Connecticut implements a sliding scale on estate taxes meaning the higher the taxable amount of the estate, the greater the tax. This estate tax currently ranges between 8-16% and does not include other taxes. Also included in the Connecticut estate's valuation are real and personal property. Moreover, the State of Connecticut does impose a generation skipping tax. The aforementioned information and other Connecticut estate law can be found at the following link.

Connecticut Estate tax law:

Other taxes such as income tax, inheritance tax, and gift tax may apply in the State of Connecticut if the estate's income sources, and assets are not tax protected via financial vehicles and instruments allowing such. For example, income from business within the estate is likely to be taxable either as a corporation or individually depending on the structure of the business.

i) Connecticut inheritance tax:

ii) Connecticut gift tax:

However, if that business is registered overseas and owned by a foreign trust with assets within the company remaining abroad, the possibility of that business qualifying for taxation in the United States is reduced dependant on the legal separation of that business and/or its income from the estate's beneficiaries.

Additional Connecticut estate planning information

When an estate transfer takes place, the State of Connecticut requires tax documents be filed with the State's probate court regardless of value according to bankrate.com. These and other forms can be found at the Connecticut Department of Revenue website below and includes estate and gift tax forms, domicile declaration, estate tax returns and insurance statements.

Also important to note is that certain financial instruments may not be considered as within the jurisdiction of a trust according to Michael J. Keenan, Esq of Keenan Law, LLc, Specifically, in his estate planning blog, Keenen refers to 401K's, POD accounts, life insurance death distributions and IRA;s are distributed according to listed beneficiaries and not a Will.

Other estate documentation pertaining to estate planning include living wills, last will and testament, trust(s) and power of attorney should comply with Connecticut's estate law in order to be legally valid for estates within that State. These documents can be found and prepared at a number of locations and may required the assistance of an estate planner skilled, certified and/or licensed in the State of Connecticut.

Tuesday, February 22, 2011

Estate Planning tips for Michigan Residents

Planning an estate in Michigan involves several of the key aspects of estate planning used in several other States. However, Michigan has its own estate relevant tax laws, probate procedures, and trust regulations that may affect the managing of, value and cost of the estate. Estate management can be divided into to categories 1) financial and 2) legal.

Since end of life constitutes legal settling of assets, identity, debts and taxes in addition to family related matters of end of life management, decision making etc. the estate management process has the potential to become complex, but doesn't always have to be.

This article will outline some of the basic aspects of estate management and planning in the State of Michigan, specifically probate, and taxes and then provide additional tips that may assist in the Michigan estate planning process.

Michigan estate probate law

Michigan's estate law can be read at the Michigan State Legislature website, the link for which is provided with this article and in this section. Some key points regarding probate outlined by the Michigan Estate Law are provided below. Please note, the probate process is not the only way to transfer an estate, as trusts may also be used and may limit public record of the deceased's Will and/or estate details.

• Probate proceedings must take place in county of next of kin's residence unless out of State, in which case County of estate holder's property subject to Court transfer. (Act 386, Section 700.3201)

• Informal application for probate can be filed with the probate court if no formal application has be filed within 28 days following death of estate holder (Act 386, Section 700.3301)

http://www.legislature.mi.gov/(S(i04vr0azntmhxaebq0y1in55))/mileg.aspx?page=getObject&objectName=mcl-Act-386-of-1998

Michigan estate and related taxes

In Michigan no inheritance tax currently exists and estate tax is variable along with the Federal Estate Tax that will be 0% for 2010 and $1 million thereafter excluding adjustments to the law. The maximum State income tax in Michigan is 4.35% and tangible personal property is taxed with real estate exemptions locally and not by the State. (retirementliving.com)

http://www.retirementliving.com/RLstate2.html#MICHIGAN

Holding assets in a Michigan estate may be worth taking a second look at due to the fact 1) tangible property is taxed heavily at the local level and 2) no Standard or Federal deduction exists for taxable income. Even though no inheritance tax is currently in place within Michigan, the potential tax levied on income and property can be quite high.

At the local level property tax can be as high as 50% with some exemptions regarding real estate according to retirementliving.com. Since the real estate exemption is quite high, it may be advantageous to transfer property to make use of this exemption and reduce property tax. A property tax calculator from the Michigan Department of the Treasury is provided below.

https://treas-secure.state.mi.us/ptestimator/ptestimator.asp

If Michigan estate property qualifies for the Michigan Principal Residence Exemption (PRE), total property tax of assets within the estate, be it inherited or otherwise, may be significantly reduced. Instructions on how to apply, qualify and obtain PRE are linked to below. This tax is quite relevant to the estate as property that does not become the principal residence of the estate beneficiaries may not qualify for the PRE exemption.

http://ww.michigan.gov/documents/2856_11014_7.pdf

Michigan estate tips

There are many aspects to estate planning in Michigan that should ideally be considered in the process. Since individual circumstances can differ considerably, no one estate planning method may be of best fit to the majority of Michigan estate planners. However, that said, several aspects of estate planning generally do stay the same in many cases including 1) estate tax strategy, 2) estate administration and 3) estate value and cost. The tips below are just a few of the actions, to be used with the reader's discretion and judgment, that may be helpful in estate planning in Michigan.

• File a principal residence affidavit to qualify for principal residence exemption
• Contemplate different asset ownership options ex: joint tenancy
• Read of the State probate laws and other relevant laws linked to in this article
• Keep track of changes to the Federal estate law as Michigan estate law is related to it
• Limit annual taxable estate derived income received after transfer
• If real estate does not qualify for exemption, consider non-taxable asset reallocation
• Contact and discuss estate planning with a local financial advisor or attorney
• Develop a short, medium and long-term estate plan, or whichever is appropriate
• Allow for estate flexibility in terms of asset transfer, ownership and management