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Las Vegas Estate Planning Law Blog

Estate Planning and New Tax Laws

New tax laws were created in 2012. As a result, the estate taxes present a lesser burden than the income taxes. Personal exemptions and itemized deductions were restored. In addition, due to Obamacare, the Medicare tax on investment income was enforced. Now more than ever, the possibility for fresh strategies and a new emphasis can be applied to estate planing. Proper estate planning reduces income taxes and coordinates the financial burden in the future.

Life insurance is one of the most valuable investment vehicles proven to reduce the income taxes. Permanent life policy builds cash value and can be withdrawn from when the earnings are compounded over several years. The loans do not have to be repaid and are tax free as long as the cash value is ample and will help to pay the regular premiums. This attractive method of investment has created a venue for people to own the policies directly and their heirs to receive the benefits free of fees and taxes. Employer retirement plans have also adopted the idea because of favorable benefit-premium ratio, where the benefits largely exceed the premiums paid.

Naming a successor and what it means

Nevada residents may know that a successor is a person in charge of the estate after the owner passes away or is no longer capable of making sound decisions. When parents plan for the future, naming a successor alleviates the possibility that the assets are distributed to an undesirable member of the family. However, the risk of the successor not following the wishes of the deceased may still exist.

The process for naming a successor begins with a 529 plan and choosing primary and secondary successors. After the owner passes away, the primary successor retains the rights of the original owner. In case of education funds, the successor will decide where and how the money is distributed to assure that the beneficiary is ultimately using it for education. It is important to choose a person with a proven track of reliability and who will have the family's best interest at heart.

All of us need to consider estate planning

The average family in Nevada does not need to worry about paying estate taxes as estates under $5.25 million are exempt. However, many people have assets that require a proper estate plan. Estate planning benefits households with children who are minor and people with modest possessions. There are many ways individuals and families can create an estate plan. The most common form of estate plan is a will or a living trust.

The laws that apply in the state of the deceased will dictate what happens to your assets and to children who are minors. Individuals who want to the ability to make their wishes known upon their death need a will. A will is used to name the executor of an individual's estate, a guardian for their children, and to name the beneficiaries of specific assets. The job of the executor is to pay taxes that are due, any of the bills for the estate, and distribute assets. A guardian is appointed to care for any children until the reach the age of 18 or 21.

Estate planning is beneficial for everyone

The minor changes made in 2013 to the estate and gift taxes have many people breathing a sigh of relief. With the threat of the tax rate rising to 55 percent on assets over $5.12 million, many wealthy investors were watching carefully to see if Congress would take action. For now, estate taxes have been kept to 40 percent and affect only the wealthiest. However, that does not mean that Las Vegas residents with significantly fewer assets can ignore the implications of estate planning.

Estate planning is necessary even for those with very modest assets. This is because state and other taxes can cut deeply into assets, even if the total estate does not reach the federal threshold. Furthermore, planning an estate prevents misunderstandings among the heirs and recipients of the assets.

Estate planning in a digital age

Nevada residents who are thinking about estate planning should not forget to take digital records and assets into account. Digital assets can have both financial and emotional value, and since many people are now doing much of their banking through the Internet, it is important to ensure that executors have access to online banking information. If someone does not take digital information and assets into account when they deal with their estate planning, it can cause problems for their heirs.

Some digital assets have monetary value; for example, some domain names are valuable because they are tied to search engine results. Additionally, many blogs and websites bring in profits from advertising. If these assets are not put into estate planning documents, someone's heirs may not keep control of them or benefit from them. Additionally, there are digital assets that have important emotional value. Many people now store family photos and videos on their computer or a website, so it is important to address how to access these files during estate planning.

Estate planning is important for young adults

Some Nevada residents believe that estate planning is something you only do when you are older or have a lot of assets to worry about. However, estate planning is something that is important for adults of all ages. Not everyone needs a complicated set of trusts, but basic documents like a health care proxy, power of attorney and a will can benefit nearly everyone.

Something that many young adults and parents are not aware of is that once someone turns 18, their parents no longer have access to their medical records or any say so in medical decisions. If someone is in an accident at college or away from home, their parents are not legally allowed to participate in making health care choices unless someone has named a parent as their health care proxy. A power of attorney is a similar type of document, but it names a person who has the ability to make legal and financial choices for someone who is not able to medically or is out of the area, such as if they are out of the country.

Estate planning can be beneficial for friends and family

Some people living in Nevada do not have a will, living trust or any other documents to help their family and friends distribute their assets when they pass. Additionally, many of these people have not told those close to them if they want to be an organ donor or how they would like their funeral taken care of. Despite the natural reluctance to think about death, estate planning is important because it can help ensure that a person's wishes are followed after they pass away.

In addition to drawing up estate planning documents, individuals should be sure that this paperwork is protected and that family members know where to find it. If a person has a complete set of estate planning documents, it does little good if no one knows where they are. Additionally, protecting these documents is essential, and two good options are to invest in a fireproof safe or rent a safe deposit box.

Understanding asset protection offered by trusts in bankruptcy

For Nevada residents in dire financial straits, it may be possible to get out of debt without sacrificing assets intended to be distributed among beneficiaries. Filing bankruptcy is never an easy choice, and it becomes more complicated when the filer has placed assets in a trust. There is no single answer as to whether entrusted assets may be seized to pay off debts. It is always beneficial to know the type and status of any trusts as well as trust disposition under different types of bankruptcy.

The two most common types of trusts are irrevocable and revocable trusts. An irrevocable trust means that the grantor has relinquished all control over assets to the beneficiaries and a trustee. This control of the assets may be conditional, but legal rights to the assets contained in the trust are still maintained by the beneficiaries.

Essential estate planning documents

It is important for elderly residents of Nevada to have certain documents prepared and let family members know where they are should something happen to them. These estate planning documents will make it easier for an individual's family to follow their wishes and understand what they are. Outside of having a will, people should also have a health care proxy and a living will drawn up.

A health care proxy assigns an individual who is 18 years or older who will make medical decisions about someone when they are no longer able to do so for themselves. The proxy will only be able to take over when someone's doctor puts into writing that they are no longer able to make choices for themselves. Individuals who are assigned as a proxy can be limited by having a list of medical treatments that someone would and would not be willing to undergo.

New trend in inheritances: giving the money away

Some Las Vegas residents may be faced with the responsibility of receiving an inheritance. Many people are ecstatic to have new-found wealth. They use the money to pay bills, take vacations or save for retirement. However, increasingly, it has become a trend for some young people that receive an inheritance to give away some portion of their assets.

One teacher reported that that he inherited a $900,000 trust fund at the age of 18. Six years later, he split the money with two long-time friends that he considered equal to brothers. The man stated that his decision was based in part upon his mother's involvement in the civil rights movement and the fact that she taught him about the issues of income inequality in the United States.

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