– What is a Trustee and what are their responsibilities?
– Types of Trustees and their characteristics – advantages and disadvantages
– The perfect Trustee – setting the benchmark for selection
– Trustee selection – why is it so important?
– Trustee succession and plan design – why so difficult, why so crucial?
– Trustee roles in Wills and Trusts
– What are some reasons to consider appointing a Corporate Trustee?
– Why should you be concerned about “Successor Trustee risk”?
More Webinars from Elville and Associates
The education of clients and their families through counseling and superior legal-technical knowledge is the mission of Elville and Associates. We hold multiple educational events every month. Click to view our calendar of educational webinars and events or visit the Elville and Associates YouTube channel to view recordings of our past webinars.
Do Married Couples Need an Estate Plan?
Don’t assume your estate will automatically go to your spouse when you die. If you don’t have an estate plan, your spouse may have to share your estate with other family members. Do married couples need an estate plan? Yes. Here’s why…
Dying Without an Estate Plan
If you die without an estate plan, the state will decide where your assets go. Each state has laws that determine what will happen to your estate if you don’t have a will. If you are married, most states award one-third to one-half of your estate to your spouse. The rest is divided among your children. If you don’t have children, that portion will be divided among other living relatives, such as parents or siblings. Do married couples need an estate plan to prevent the state from making these decisions for them? Yes. An good estate plan keeps the state out of your estate when you die.
In Case You or Your Spouse Becomes Incapacitated
Married couples need an estate plan so they can access each other’s financial information should one become incapacitated. While your spouse may be able to access your joint bank accounts and make health care decisions for you, what if something happens to your spouse? It is important to have back-up plans. And even if your spouse is healthy, he or she may not be able to access everything without a power of attorney. To avoid this, it is important to make sure you have estate planning documents in place while you both are healthy.
Understanding the Estate Planning Process
There are key talking points to discuss with your spouse as you engage in the estate planning process that can help the process go smoothly.
Work in partnership with your spouse and understand the key components of estate planning for married couples. Through education, such as Elville and Associates’ estate planning process, you’ll be guided through these considerations during your planning.
Wills
The most basic estate planning document is a will. If you do not have a will directing who will inherit your assets, your estate will be distributed according to state law, which, as noted, gives only a portion of your estate to your spouse. If you have children, a will is also where you can name a guardian for your children. Estate planning for married couples will enable you to take care of your children’s needs and protect their best interests.
Trusts
You may also want a trust to be a part of your estate plan. It permits you to name someone to manage your financial affairs. You can name one or more people to serve as co-trustee with you so that you can work together on your finances. This allows them to seamlessly take over in the event of your incapacity. Trusts have many options for how they can be structured and what happens with your property after your death. There are several different reasons for setting up a trust. The most common one is to avoid probate. If you establish a revocable living trust that terminates when you die, any property in the trust passes immediately to the beneficiaries. This can save your beneficiaries time and money. Certain trusts can also result in tax advantages both for the donor and the beneficiary. These could be “credit shelter” or “life insurance” trusts. Other trusts may be used to protect property from creditors or to help the donor qualify for Medicaid. Married couples need estate planning through trusts to avoid probate, name someone to manage their financial affairs, and ultimately save their beneficiaries time and money.
Power of Attorney
The next most important document is a durable power of attorney. A power of attorney allows a person you appoint — your “attorney-in-fact” or “agent” — to act in your place for financial purposes if and when you ever become incapacitated. Without it, if you become disabled or even unable to manage your affairs for a period of time, your finances could become disordered and your bills not paid, and this would place a greater burden on your family. They might have to go to court to seek the appointment of a conservator, which takes time and money, all of which can be avoided through a simple document.
Health Care Proxy
Similar to a durable power of attorney, a health care proxy appoints an agent to make health care decisions for you when you can’t do so for yourself, whether permanently or temporarily. Again, without this document in place, your family members might be forced to go to court to appoint a guardian. Include a medical directive to guide your agent in making decisions that best match your wishes.
Do not assume your spouse is automatically protected when you die. Married couples need estate planning for the multitude of reasons mentioned above. Consult with the estate planning attorneys at Elville and Associates to make sure you have all the estate planning documents you need. The firm offers free consultations for estate planning clients to understand your situation and goals and create a path forward for your family and you, offering peace of mind along the way. To set your initial consultation, contact Community Relations Director Jeff Stauffer at jeff@elvilleassociates.com, or by phone at 443-393-7696 x117.
#elvilleeducation
Everyone thinks they know about Social Security disability, but do they really? Presented by Elville and Associates’ Social Security disability attorney and principal, Meghan McCulloch, this webinar recording provides a general overview of the Social Security disability eligibility rules and adjudication process along with practical examples.
Topics Include:
• The difference between SSI and SSDI
• Medical qualifications for disability and Social Security’s “Sequential Evaluation”
• How to prove disability and common misconceptions
• Ancillary Social Security benefits
• Practical examples and demonstrations
More Webinars from Elville and Associates
The education of clients and their families through counseling and superior legal-technical knowledge is the mission of Elville and Associates. We hold multiple educational events every month. Click to view our calendar of educational webinars and events or visit the Elville and Associates YouTube channel to view recordings of our past webinars.
10 Early Signs of Parkinson’s Disease
It can be hard to tell if you or a loved one has Parkinson’s disease (PD). With early detection, treatment and expert care, many people live longer, productive lives with Parkinson’s. The rate of progression varies from one person to another, but there are many common symptoms and scenarios. Learn to spot the early signs of Parkinson’s Disease and steps to take to manage the disease.
Dawn Lewis Teaches How to Spot the Early Signs of Parkinson’s Disease
Presented by The Parkinson’s Foundation’s Development Manager Dawn Lewis, this webinar video teaches about the importance of early detection, treatment, and expert care. Key takeaways from the webinar include: Knowledge on the signs a neurologist uses to assess a diagnosis of PD) , Lifestyle changes to manage to the progression of PD — Resources available through the Parkinson’s Foundation Open to clients, financial advisors, and the general public.
This webinar is offered in partnership with the Howard County Library System, a longtime supporter of Elville and Associates and its educational programs. To learn more about the HCLS, its educational programs and calendar of events, please visit https://live-howardcounty.pantheonsit… or contact Ms. Rohini Gupta, Adult Curriculum Specialist, at rohini.gupta@hclibrary.org.
More Webinars from Elville and Associates
The education of clients and their families through counseling and superior legal-technical knowledge is the mission of Elville and Associates. We hold multiple educational events every month. Click to view our calendar of educational webinars and events or visit the Elville and Associates YouTube channel to view recordings of our past webinars.
Offered by Elville and Associates’ Principal Meghan E. McCulloch, this presentation discusses the guardianship process in-depth and what families and parents need to know to prepare for it.
Among the topics of discussion are: What is guardianship? What are the benefits and drawbacks? What are the main questions every family should ask before making the decision to pursue guardianship? What are some of the alternatives to guardianship? What are the nuances of incapacity planning, including the importance of powers of attorney and advance medical directives in the planning process? This presentation is open to clients, financial advisors, and the general public. 1.5 continuing education hours are available for professionals who attend this presentation.
More Webinars from Elville and Associates
The education of clients and their families through counseling and superior legal-technical knowledge is the mission of Elville and Associates. We hold multiple educational events every month. Click to view our calendar of educational webinars and events or visit the Elville and Associates YouTube channel to view recordings of our past webinars.
Talking about politics can sometimes be risky business. However, as is often said, elections have consequences and in the context of estate planning it is important to examine the Biden Administration’s effect on estates, trusts, and tax planning. After the outcome of the recent Senate run-off election in Georgia, we now know that we have a Democrat controlled White House and House and the Senate is split with Vice President Kamala Harris holding the tie-breaking vote. This certainly changes the analysis of what is to come and makes the likelihood of potentially dramatic changes in tax law a much greater possibility than if the White House and Congress were divided.
Interest rates are at historic lows. The Section 7520 rate for January 2021 is .6%, which is almost the lowest it has ever been. A second federal stimulus package was passed at the end of December 2020, providing $900 billion dollars of economic relief, including enhanced unemployment benefits and additional direct cash economic stimulus payments, additional Paycheck Protection Program (PPP) for loans to small businesses, grants for theaters and concert venues, as well as funding for schools and childcare. The economic relief package made major changes to tax laws and the IRS delayed tax filing season to February 12th to allow the IRS to do additional programming. As a result, the IRS will not accept or process any returns for the 2020 tax year until this time. President Biden has proposed another stimulus package with a $1.9 trillion dollar price tag, which was recently discussed at a White House meeting with governors. The proposal includes additional direct stimulus payments to individuals, enhanced unemployment benefits, an increase in the federal minimum wage to $15 an hour, aid to state and local governments, and funding for COVID vaccines and testing. While some are debating the necessity of further economic stimulus funding, the package and recommendation for additional funding has been supported by Jerome Powell, the current Chairman of the Federal Reserve, and Janet Yellen, who was recently confirmed as Treasury Secretary. It is too early to fully predict the Biden Administration’s effect on tax planning and exact changes in tax law that may occur, but it certainly can be expected that increases in income and estate taxes are likely to increase to provide revenue.
It is helpful to examine recent changes in tax law in order to glean an idea of what changes we may be able to expect, including the Biden Administration’s effect on estates, trusts, and tax planning. Let’s take a closer look at some of these changes.
The 2017 Tax Cuts and Jobs Act (TCJA)
The 2017 Tax Cuts and Jobs Act (TCJA), made several significant changes to individual, estate, and trust tax regulations. The law included reforms to itemized deductions and nearly doubled the standard deduction and child tax credit. In place of personal exemptions, the standard deduction was increased. In place of dependent exemptions, the child tax credit was increased, and a new $500 tax credit was created for dependents who are ineligible for the child tax credit. It also reduced statutory tax rates at almost all levels of taxable income and shifted the thresholds for several income tax brackets.
The TCJA retained the preferential tax rates on long-term capital gains and qualified dividends and the 3.8 percent net investment income tax (“NIIT”). The NIIT applies to interest, dividends, short- and long-term capital gains, rents and royalties, and passive business income. The TCJA separated the tax-rate thresholds for capital gains and dividend income from the tax brackets for ordinary income for taxpayers with higher incomes. The individual Alternative Minimum Tax (“AMT”) was retained, but the exemption levels and income threshold at which the AMT exemption phases out. This significantly reduces the number of taxpayers subject to the AMT.
Most notably in the context of estate planning, the TCJA doubled the federal estate tax exemption to $11.2 million for single individuals and $22.4 million for married couples and continued to index the exemption levels for inflation. The current exemption amount for 2021 is $11.7 million for single individuals and $23.4 million for married couples.
Further detailed discussion regarding the above changes and regulations can be found here.
Generation-Skipping Transfer Tax
The generation-skipping transfer (GST) tax is a separate tax that is levied when transfers are made to or for the benefit of someone two or more generations younger that the transferor (i.e. “skip-persons”). These transfers are taxed at a rate of 40%. Current law under the TCJA provides for a separate GST exemption of $11.7 million and GST exemptions historically mirror the estate and gift tax exemption.
All of the individual tax and estate tax provisions in the TCJA sunset at the end of 2025, with a few exceptions. The individual provisions were intentionally made to be temporary in order to limit the revenue cost of the TCJA to a level consistent with the overall constraint on the 10-year revenue loss in the Congressional Budget Resolution and to comply with Senate budget rules used to pass the tax act that require no increase in the federal budget deficit after the tenth year.
Potential Tax Increases and Lower Exemption Amounts
With the new Democrat control of the White House and Congress, as a result of the Biden Administration’s effect on tax planning we should expect potentially significant tax increases on the wealthy, including income and estate taxes. Further, in light of the financial impact of the COVID-19 crisis, we can expect proposed changes to policy needed to pay for increased federal economic relief spending. While no specific policy has been proposed yet, during the campaign Biden suggested that he would support legislation that would reduce both the estate and GST exemptions to $3.5 million per individual and would support lowering the lifetime gift tax exemption to $1 million. The Biden Administration’s effect on tax planning is yet to be fully realized, but with time will come more into focus.
Loss of Discounts
Another possible tax change to expect is the loss of discounts. Under current law, individuals are able to enjoy the use of valuation discounts when transferring interests in closely held businesses through a lack of control discount and a lack of marketability discount. During the Obama administration, the Treasury released proposed regulations that would dramatically restrict the use of these valuation discounts, but the proposed regulations were withdrawn under the Trump administration. Renewed restrictions on the use of these discounts may be seen in future as part of any proposed changes to tax law.
Possible Phase Out of Deductions
The phase out of deductions is also a possibility. The Biden tax plan would phase out the “qualified business income” deduction under Code Section 199A for individuals with taxable income above $400,000.00. It would also cap the tax benefit of itemized deductions at 28% of the amount of the deduction for individuals earning more than $400,000.00 and reduce the value of itemized deductions by 3% of the amount by which a taxpayer’s adjusted gross income exceeds $400,000.00. Additional potential deductions that may be eliminated include those for contributions to IRAs, 401(k)s, and 403(b)s, and replace them with a new tax credit equal to a specified percentage of the amount contributed, which is currently expected to be 26%.
Possible Changes in Capital Gains
Another possibility may include dramatic changes in capital gains. Under current law, capital gains are taxed as regular income if the gains are realized on property held for less than one year. For long-term capital gains, i.e. gains on property held for a year or longer, there is a graduated tax rate depending upon the filer’s personal income level. For individuals who earn more than $200,000.00 and couples who earn more than $250,000.00 in net investment income annually, there is an additional 3.8 percent surtax added to their capital gains tax rate.
Current law also allows for like-kind exchanges on appreciated property like artwork and rental properties. This allows for the reinvestment of any gains earned on appreciated property into similar types of property within one hundred and eighty (180) days of the original sale and avoiding capital gains tax upon the sale of the property. If the individual continues to make like-kind exchanges on appreciated property until the individual’s death any capital gains accumulated in the property will be wiped out by the basis step-up rules.
The Biden Administration’s effect on tax planning and Biden tax plan proposes eliminating like-kind exchanges and imposing a 39.6 percent long-term capital gains tax rate on individuals earning more than $1 million per year in order to generate revenue to pay for child-care and elderly care initiatives. The Biden Administration’s effect on tax planning is reflective of an overall increase in the graduated income tax rates to restore the rates to their pre-2018 levels. If the 3.8 percent surtax on net investment income remains in place, the effective federal tax rate on long-term capital gains could exceed 43 percent.
While Biden has not specifically discussed capital gains with regard to estates and trusts with high income levels, it is likely that these ordinary rates for long-term capital gains will apply to estates and trusts with $1 million of annual income. These proposals may even affect estates and trusts at a lower income threshold, as estates and trusts under current law reach the highest marginal rate of income taxes at a much lower threshold of income that individual taxpayers.
Potential Elimination of the Step-Up Basis Rule for Inherited Property
A dramatic change related to the Biden Administration’s effect on estates and trusts could include the elimination of the step-up basis rule for inherited property. Further imposing a carryover basis rule for inherited property or the imposition of recognition of gain on property at the owner’s death. The step-up in basis of assets included in an estate has been a prominent principle in structuring estate plans since the carryover basis rule was repealed retroactively to 1976 in 1980. Current law allows for each asset to receive a step-up in basis of appreciated property at the death of the owner. This allows for inherited property to be sold or liquidated shortly after the owner’s death to minimize or eliminate any capital gain on the sale of the property so the decedent’s heirs incur capital gains only to the extent the asset has appreciated since the decedent’s death. Further, any capital gains that are considered “long-term,” meaning gains that the seller has owned for more than one year, are taxed at preferential rates.
A current tax planning strategy is to gift high-basis assets during the donor’s lifetime, since the donee receives the donor’s basis in the asset. This is the “carryover basis.” Donors should retain low-basis assets so that their heirs can receive those assets at death was a new stepped-up basis to the fair market value at the decedent’s date of death. The heirs can then sell the assets post-death without incurring significant capital gains tax that they would otherwise incur if they were to inherit the donor’s carryover basis.
The step-up in basis has served as a counterbalance to estate tax. If the fair market value of a decedent’s assets exceeds the estate tax exemption amount, estate tax is due on the excess amount, at a rate of 40%. However, little or no capital gains tax may be due as a result of the death, since the heirs inherit the assets with the stepped-up basis.
Biden has proposed repealing the concept of the stepped-up basis. One proposal is to eliminate the step up in basis such that a decedent’s heirs would inherit the carryover basis of an asset which could potentially result in an asset being subject to both estate and capital gains tax. The Biden Administration’s effect on estates and trusts may include possible proposals such as no step-up in basis for assets and death and realization of capital gains tax on assets at death. The first proposal would result in heirs owing capital gains on any appreciation between the donor’s original basis at acquisition and the value at the date of sale. Under the second proposal, an estate would owe capital gains on the appreciation accrued between the donor’s date of acquisition and the date of death and heirs would owe further capital gains tax on any appreciation between date of death and date of sale.
If any of these policies are enacted, an important question will be whether the changes will be applied retroactively. Typically, tax legislation is prospective, but changes enacted under the Biden Plan could be made retroactively effective to January 1, 2021 if such a law is enacted in 2021. However, in order for the Biden Administration’s effect on estates, trusts, and tax planning to be effective retroactively, the retroactivity of the law must be rationally related to a legitimate legislative purpose.
Now that we have examined the Biden Administration’s effect on estates, trusts, and tax planning and potential changes that may be coming down the line, what can we do to plan for them? At the most basic level, individuals who are worried about potential estate tax implications who did not complete or update their planning in 2020 should consult with their attorney about using their gift and GST exemptions before any chances in tax law are made. For the right clients under certain circumstances, other options may include grantor retained annuity trusts (“GRATs”), spousal lifetime access trusts (“SLATs”), charitable remainder or charitable remainder annuity trusts (“CRTs” or “CRATs”), and Roth conversions. If you are concerned about how any of these potential changes could impact your estate plan, it is important to review your assets and planning goals and develop an individualized plan that meets your needs and addresses your concerns. We cannot be sure of the changes in tax law and the Biden Administration’s effect on estates, trusts, and tax planning that will be coming over the next few years, but with effective planning, we can seek to minimize the tax consequences for our clients.
Ms. Meghan McCulloch, a principal with Elville and Associates, handles claims for Social Security disability benefits, Supplemental Security Income (SSI), childhood SSI benefits, and disabled widow and widower benefits at every level of appeal, from the initial application up to and including representation before the U.S. District Court of Maryland. She has a wealth of experience in addressing the unique needs of individuals and families as they navigate through the disability process. She also focuses her practice in the areas of special needs planning, elder law, estate planning, and is the leader of the firm’s estate and trust administration department.
Meghan is a member of the Maryland Volunteer Lawyers Service as well as an Executive Board Member of the Disability Section of the Maryland Association for Justice. She has also been named to the Rising Stars list by Maryland Super Lawyers the past six years.
She can be reached at meghan@elvilleassociates.com, or 443-393-7696.
Annapolis Estate Planning Attorneys of Elville and Associates Announce New Office Location
By: Jeffrey D. Stauffer – Community Relations Director
Elville and Associates, P.C.’s Annapolis estate planning attorneys are proud to announce their new Annapolis location at 2450 Riva Road in Annapolis, across from Annapolis Town Center. At this prime location at the corner of West Street and Riva Road, the Annapolis estate planning attorneys of Elville and Associates can better meet the needs of our clients, professional referral partners, and the communities it serves.
This standalone office location is available by appointment, for consultations and meetings with our Annapolis estate planning attorneys.
Founded in June, 2010, by Managing Principal and Lead Attorney Stephen R. Elville, J.D., LL.M., Elville and Associates is an estate planning, elder law, and special needs planning practice. It is the firm’s mission to provide practical solutions to its clients’ needs through counseling, education, and the use of superior legal-technical knowledge. It is also the firm’s mission to educate regarding the importance of estate planning and maintaining one’s planning over time, as despite their importance the minority of Americans have a will or living trust in place, according to AARP.
Education and counseling are the foundations upon which the Annapolis estate planning attorneys of Elville and Associates’ serves its clients, partners, and surrounding communities. The firm counsels its clients based on the core principles of the Elville Legacy System™ — the six steps to perfect estate planning. Mr. Elville has also developed programs for clients who wish to streamline the planning process but still wish to enjoy the benefits of the educational component throughout, including Elville Self-Direct Select™ and Elville Self-Direct Protect™, a limited-attorney-assistance client education program for estate planning. The firm also offers an Advisors’ Forum every two months for its planning team partners, a continuing education series that covers the latest topics in the world of estate planning, elder law and special needs planning.
To view our busy educational webinar calendar, or full list of the firm’s services, including elder law, special needs planning, business planning, estate and trust administration, and litigation, please visit us at www.elvilleassociates.com. The Annapolis estate planning attorneys with Elville and Associates look forward to being a resource to you as they guide you through the planning process and offer peace of mind along the way. To set a free consultation, please contact Legal Administrator Mary Guay Kramer at 443-741-3635 or at mary@elvilleassociates.com.
#elvilleeducation
Advance Healthcare Directives — Busting the Myths
Presented by Principal and senior elder law attorney, Lindsay V.R. Moss
Presented by Aging Life Care Managing Allyson Stanton of Stanton Aging Solutions and Elville and Associates’ Principal and senior elder law attorney Lindsay V.R. Moss, this webinar is a discussion about the overall purpose of having Advance Directives in place. Attendees gain an understanding of why making these decisions while one is able to do so is vitally important as well as letting your family know what your wishes and goals are. Ms. Stanton and Ms. Moss share critical information that helps empower you to take control of your medical decisions when you don’t have the capacity to advocate for yourself.
Primary topics of discussion include:
– How to get the conversation started
– Creating a healthcare plan is not a taboo topic
– The gift of empowerment
– The importance of having a voice
More Webinars from Elville and Associates
The education of clients and their families through counseling and superior legal-technical knowledge is the mission of Elville and Associates. We hold multiple educational events every month. Click to view our calendar of educational webinars and events or visit the Elville and Associates YouTube channel to view recordings of our past webinars.
Putting It All Together – A Diagnosis to Adulthood Guide of Navigating the Disability World
Elville and Associates welcomes back guest presenter Eric Jorgensen, a Special Needs Advisor who provides a complete timeline overview of what families and the professionals they work with can expect from the original diagnosis until the child survives the parents. Eric highlights key times when specific planning items such as completing an estate plan, getting life insurance, or applying for SSI should be completed. He discusses potentially lesser-known resources such as Low Intensity Support Services and Pre-Employment Transition Services. Key takeaways include:
– Life insurance, ABLE accounts and Special Needs Trusts are critical tools, but not the plan
– Don’t wait until your child is in the last year of school to think about his or her transition
– You are not applying for benefits for you – delaying because it doesn’t seem worth the effort could be sabotaging your child
More Webinars from Elville and Associates
The education of clients and their families through counseling and superior legal-technical knowledge is the mission of Elville and Associates. We hold multiple educational events every month. Click to view our calendar of educational webinars and events or visit the Elville and Associates YouTube channel to view recordings of our past webinars.
Achieving Perfection for Your Legacy – Intentionalism in Estate Planning, with Olivia Holcombe-Volke
Many people want to achieve excellence in their estate planning – to establish an estate plan that works as intended – one that will stand the test of time, accomplish personal goals and priorities, provide for the disposition of assets in the desired way to the persons and/or organizations of choice, controlling costs, and setting forth values, ideas, concepts, and aspirations – organized by leading-edge legal-technical concepts that are up to date at the time of death, and guided by highly instructional letters of wishes or memorandums. Yet few people understand the kind of estate planning process necessary for the realization of this ideal, and even fewer people are offered the opportunity to participate in the kind of process necessary to facilitate the same. To say that achieving true excellence in estate planning is akin to successfully sailing around the world alone is not an exaggeration. It takes all of the stuff of legend, including purpose, persistence, patience, and introspection; partnership with your estate planning attorney and an adequate process forward (facilitated by the attorney); maintenance and updating of the estate plan over time; and more. In short, true excellence in estate planning requires being extremely intentional. In this webinar, Olivia Holcombe-Volke, Senior Principal and senior estate planning attorney with Elville and Associates, P.C., will lead a discussion about Intentionalism in estate planning. Topics of discussion will include:
Why being intentional in estate planning matters; Understanding the risks in estate planning;
Why knowing what you want out of estate planning matters;
Avoiding estate plan failure;
Maintenance and updating;
The importance of Partnership
More Webinars from Elville and Associates
The education of clients and their families through counseling and superior legal-technical knowledge is the mission of Elville and Associates. We hold multiple educational events every month. Click to view our calendar of educational webinars and events or visit the Elville and Associates YouTube channel to view recordings of our past webinars.
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