Category Archives: Estate Planning

Good IRA book

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Ed Slott is an author who writes about retirement plans. His primary focus is how to "stretch out" an IRA for heirs after the account owner’s death. This is a worthy topic. Far too many heirs "time bomb" an inherited IRA account (meaning they withdraw all of the money and owe income tax on it, rather than leaving it in the IRA to grow tax deferred for years in the IRA. "Your Complete Retirement Planning Roadmap"  is a worthy effort and goes into detail on how to structure your IRA beneficiary designations to allow for maximum income tax deferral. It has a good section on how (and how not to) to make your trust the beneficiary of your IRA. A lot of the book consists of worksheets. I would suggest checking this one out at the library rather than buying it. It is good basic information for anyone with a large IRA account.

Snowbird Guide-all about making FL your "home"

Many clients have condos in Florida, but their primary residence is here in the northwest suburbs of Chicago. Of that group, some choose to become Florida residents and change their "domicile" to Florida.

New York attorney Allan Lipman has put together a nice on-line audio seminar that explains many of the issues that surround making Florida your residence. While he mainly covers New Yorkers with condos in Florida, the concept is the same for Illinois residents. Give it a listen if you are considering making Florida your tax and voting "home."

The Illinois Deed Providers Controversy

I get several calls each month from clients saying they got a mailing from Illinois Deed Providers. The client asks: should I buy a copy of my deed for $79 from them? Illinois deed providers obtains a copy of the deed to your property from the county recorder’s office for you. It costs between $2 and $15 to get a copy of the deed, but they charge $79.

It is beneficial to have a copy of the deed, but not for $79. Channel Two News recently did a story on Illinois Deed Providers that said the service was not illegal, which is right, but that it’s misleading. Other bloggers have written about the service too.

Facts on deeds:

1. You get a copy of your deed at closing.

2. It does not mean that you don’t own your house if you don’t have the deed.

3. You can get a copy of Cook Co. deed from 1986 forward at ccrd.info.

4. You can buy a copy at the other county recorders’ offices for the cost stated above.

Giving $ from IRA directly to Charity

This summer, a new law was passed that allows those over 70.5 years old to give up to $100,000.00 directly from their IRA account to charity. This is called a "charitable rollover."

Here’s a quick breakdown of what you need to know about this:

1. It only applies to those over age 70.5.

2. It only applies to IRA accounts (not a 401k, 403b, SEP, profit sharing or pensions). If your money is in one of those type of accounts you can roll over your funds to an IRA, then donate.

3. DO: Donations must go straight to the charity (not to a donor advised fund or foundation). DON’T: You cannot get a check from your IRA then give it to the charity.

4. The donated funds can’t be deducted as a charitable donation on the giver’s tax return.  However,  the money given to the charity from the IRA is not included as income.

Charities are very happy with this new provision and it can be a great way to reduce your estate and benefit your favorite charity. For more detail.

Roth 401ks are here

IRS recently approved Roth 401ks. Employers have to amend their 401k plans to allow for them. Distributions can be taken at age 59.5 and must begin at 70.5 years old or on death or disability. The funds must be in the Roth 401k for five years before they can be distributed without penalty. All earnings on the account are tax free.

The maximum in all 401ks for 2006 $15,000.00, or $20,000.00 if you are over age 50.

These look like a great opportunity, especially for high income earners who don’t qualify for a Roth IRA.

Watch Out for Illinois Estate Tax

There is an Illinois inheritance tax. Watch out for it, because it takes a bite from large estates. I just finihsed working on an estate for a client of mine who died in 2005 with an estate of 2.0 million. His children owed $180,000 to IRS and $91,000 to the state of Illinois. The first $1.5 million of his estate was not taxed because that was the tax-free amount in 2005. So, only $500,000 of the estate was subject to tax and Illinois took almost 20% of that!

For 2006, the Illinois tax will affect those estates greater than $2.0 million any stays there until 2010 when there is no Illinois inheritance tax (or federal tax) for 1 year. Then, in 2011 the Illinois inheritance tax will affect those estates of $1 million or more. The Illinois attorney general’s web site explains this messy situation.

The solutions to this problem: Make Florida your residence if you can. It has no "state" estate tax. Try to reduce your estate to under $2.0 million with proper estate planning. GRATs, QPRTs and ILITs can help reduce large estates.

Difference Between Wills and Living Trusts

I recently had an e-mail crisis both at home and in the office. I use SBC  for dsl service and I could not send an outgoing email to anyone. It just stopped cold. Incoming email was fine. It drove me nuts.

First, I (wrongly) blamed hostway an otherwise excellent host for my web site. They said "call SBC" and I did. I know enough about technology to get by, but I was really confused by the terms they used like "ISP" and "SMTP server." I finally connected with a great technical service rep (in India) and she helped me get it all straightened out. She kept it very simple. I trusted that she knew what she was doing (and she did).

The email adventure made me relate to many of my clients who come in to talk about wills and trusts. They are usually confused, afraid of being overcharged and don’t understand the jargon. Estate planning is really confusing and I have found that I have to remind myself to stay really basic about things — what is joint tenancy, what does a will affect, what are the benefits/downsides of a trust. 

In an effort to keep it simple, I put together a powerpoint presentation on the difference between wills and trusts. I use this when I meet with clients and it’s a good reminder to me that to keep things simple.