Tag: grand rapids michigan estate planning lawyer

Act Now! Two Expiring Charitable Giving Opportunities

December 4, 2011 / Michael

As of this writing, there are only 26 days left until two incredible charitable giving carriages turn into pumpkins. That’s right, December 31, 2011 will bring the expiration of the IRA charitable rollover option and the Michigan Community Foundation tax credit. Both of these charitable planning options have been responsible for a great amount of charitable giving. It is my hope that their expiration will not cause a drop off in donations, as charities play an incredibly valuable role in our society and economy. Here is some more information on both opportunities:

Michigan Community Foundation Tax Credit
This tax credit offers donors making a contribution to a Michigan Community Foundation a maximum credit of $200 on a gift of $400 for couples filing jointly and a maximum credit of $100 on a gift of $200 for single filers. It also includes the up-to-$5,000 tax credit that businesses can earn for a gift of $10,000. This is the last year for the tax credit. It was eliminated to help balance the Michigan budget.

We have so many great opportunities to take advantage of this credit and increase our giving to Michigan Community Foundations. Where I live in West Michigan we have the Grand Rapids Community Foundation and several of it’s community funds, such as the Southeast Ottawa Community Foundation (of which I’m proud to be a Board member). These Community Foundations are doing incredible things in communities throughout Michigan for things such as education, arts, the environment, and health.

IRA Charitable Rollover Option
Although this giving opportunity has some restrictions on it, it also provides an opportunity to give a far greater amount and getting a far greater tax benefit for it. Why? Because this is a federal income tax benefit and federal taxes tend to be much higher than state taxes – so, each dollar contributed to the charity represents a greater savings to the donor.

The Charitable IRA Rollover was originally scheduled to cease in 2009, but was extended until the end of 2011 by the Tax Act of 2010. What this means is that any taxpayer age 70.5 or older can make tax-free transfers of up to $100,000 per year directly from his or her IRA to one or more charities. These gifts can be made without increasing your taxable income or withholding.

This presents an opportunity for huge savings over the previous method of using IRAs for charitable contributions. Before this direct rollover option, you would need to first take the distribution from your IRA, which would incur income tax, and then make the charitable contribution, which may have qualified for a charitable deduction on your tax return. With the direct rollover option you can greatly increase the impact of your giving because it will be the whole amount, not the tax-reduced amount folks previously gave.

There are some additional restrictions and guidelines, so I encourage to read this article on the topic to find out more.

I do hope you will take advantage of the tax benefits before the clock strikes midnight on December 31, 2011!

Michael Lichterman is an estate planning and business planning attorney who helps families and business owners create a lasting legacy by planning for their Whole Family Wealth™. This goes beyond merely planning for finances – it’s about who your are and what’s important to you. He focuses on estate and asset protection planning for the “experienced” generation, the “sandwich generation” (caring for parents and children), doctors/physicians, nurses, lawyers, dentists, professionals with minor children, family owned businesses and pet planning. He takes the “counselor” part of attorney and counselor at law very seriously, and enjoys creating life long relationships with his clients – many of which have become great friends.

Grand Rapids Press Article About Living Wills

November 27, 2011 / Michael

It probably seems like all I’ve been writing about lately is healthcare related issues. There is a good reason for that. Recently I’ve been close to and read about many healthcare related situations where the treatment (or lack thereof) was very much related to the planning that the individual did (or didn’t do). Maybe I see and hear about more of these situations because I’m a Grand Rapids, Michigan estate planning attorney. However, I don’t think that is the case. Why?

Because the news media are writing about it too, due to the importance of the planning involved and what can happen if you don’t have a well-drafted and well thought out estate plan in place during a healthcare crisis. One such example is an article in the November 20, 2011 Grand Rapids Press (Section A4) entitled “Living will? Call me later. Aging boomers feel too good to plan for death.” The article is a result of an Associated Press – LifeGoesStrong.com poll.

The gist of the article was that, due to healthier lifestyles and a fear of thinking about death, a majority of “baby boomers” (64%) say they don’t have a health care proxy or living will. Of the people they interviewed, one said “I’m very healthy for my age, so death and dying isn’t on my mind,” another said, “I just feel like it’s something I’ll probably think about in my late 60s or 70s,” and my personal favorite, ” you always think something is going to happen to the other guy, not you.”

The article correctly points out that how you feel doesn’t determine what happens to you. I think that is the most important statement of the entire article, yet they fail to elaborate on it much . . . so I will. There are many “healthy” people who still need surgery, are involved in accidents, and have health issues resulting in disability, incapacity or even death. For example, just this past year, West Michigan lost a loving husband and father and a true gentleman, when he passed away during the Fifth Third River Bank Run. Those who knew him said he was the picture of health. Yet, it was a nascent condition that showed up that caused his passing. In the past six months I’ve also read about two individuals who passed away of brain aneurysms while working out. Both were described as being very healthy.

You see, our health is something we can control only to a point. Our bodies are complex and wonderfully created “machines,” and there can be many undiscovered conditions in a “healthy person.” A healthcare power of attorney or patient advocate designation is something everyone should have, no matter how “young,” “old,” “healthy,” or “unhealthy.” From the 18 year old embarking on college or their career, to the 90+ year old World War II veteran who still walks several miles a day – everyone needs these critical documents.

There are two points made in the article that I feel need some correction. First, the article emphasizes the importance of “living wills.” As a I wrote in this previous blog post, living wills are not legally binding in Michigan. Michigan is one of only a few states that have no living will statute. That said, I always have an in-depth discussion with my clients about care and end of life wishes. These become part of their healthcare power of attorney and patient advocate designation.

Second, the article mentions that each state has its own forms for healthcare proxies and living wills. It then goes on to say that “while it’s a legal document, . . . you don’t need an attorney to draft one.” Technically, that is correct – because there are some forms available, you don’t need an attorney to draft one for you. But you can say that about any estate planning document (e.g., wills, trusts, financial powers of attorney). The question you should ask is should you meet with a Michigan attorney who focuses on estate planning to discuss the issues involved and draft a plan that ensures those wishes/desires will be followed?

The answer is “yes!” The documents are the documents. The value is in the counseling and discussion involved and implementing those wishes/desires by way of a comprehensive plan involving a healthcare power of attorney (among the other important estate planning documents).

Sure, we all think it will happen to “the other guy,” just like the quote in the article. But one day, “the other guy” (or woman) will be each of us. When that time comes, it is too late to put these important planning items in place. Take action now, while you can, by calling us at 616-827-7596.

Michael Lichterman is an estate planning and elder law attorney who helps families and create a lasting legacy. This goes beyond merely planning for finances – it’s about who your are and what’s important to you. He takes the “counselor” part of attorney and counselor at law very seriously, and enjoys creating life long relationships with his clients – many of which have become great friends.

Have a Healthcare Power of Attorney or Else . . .

November 20, 2011 / Michael

As a Grand Rapids, Michigan estate planning attorney I’m regularly involved in, and overhear, conversations involving the various aspects of estate planning. Interesting to me is that many of those conversation involve wills, trusts, and financial powers of attorney, yet far less involve healthcare powers of attorney or patient advocate designations. And many that do, give it merely a passing mention and may even involve talk of just “using the state form . . . it should work fine.” This concerns me!

Why? Because we’re talking about YOU – this is your life, your health and your well being. Why would you give it nothing more than a passing thought, especially in a day when we are living longer and have increased care needs because of it? I have heard many wonderful people say “my family knows what I want and I trust them to make the right decision.” Well, what is the “right” decision? Have you talked to them about it? How long ago was it? Has your mind changed about your healthcare in that time? Do you think they remember what you shared with them? Are you sure they will follow your wishes?

I’m not just talking about “pulling the plug,” although that seems to be what most of us think about when we think of others making medical decisions on our behalf. What about complications during surgery? During other period when you are unconscious? Choosing who will make these decisions on your behalf is very important!

I hope I’m not off base with my concern for the lack of care given to such an important part of our estate plans. I believe this should be a key consideration in every estate plan, no matter how young or old you may be – things happen that are out of our control. Please consider this a wake-up call to run (not walk) to an estate planning attorney who will take the time to learn who you are, what is important to you, and help you design a plan that provides you with the care you want and deserve while giving your family and friends clear guidance on your wishes.

P.S. I regularly hear “oh, I’m all set – I have a living will.” If that’s you, read my earlier blog post on the topic by clicking here.

Estate Planning Pitfall – Not Having A Stand-alone HIPAA Authorization

November 5, 2011 / Michael

The research is clear – we are living longer and needing more medical care as a result. This makes the Power of Attorney for Healthcare (also referred to as a Patient Advocate Designation) a critical component of any well-drafted, comprehensive estate plan.

But did you know that there is another healthcare-related document that can be critically important to managing your finances when you are unable to do so yourself . . . a document that many estate plans lack? It’s a stand-alone HIPAA authorization and it can help ensure a smooth transition for your financial agent(s) and help your family stay out of court.

You see, the trusted family, friends, or financial institutions that many individuals choose to manage their financial affairs if they are incapacitated are not necessarily the same ones chosen to make healthcare decisions. A comprehensive estate plan will use Financial Powers of Attorney and Trusts to help ensure your finances can be handled by those you trust most if your are unable to manage them yourself.

Many times the authority given to others in Financial Powers of Attorney or Trusts do not become “effective” until you are incapacitated or otherwise unable to manage your financial affairs. A physician is usually involved in making the determination of incapacity and signing the necessary certifications so that your financial agents can begin managing your financial affairs.

Traditional planning and the Health Insurance Portability and Accountability Act (HIPAA) can throw a wrench into the situation. How? HIPAA restricts access to your medical records to those who you authorize. Because your financial agents may not be the same as your healthcare agents, any HIPAA authorizing language in your Healthcare Power of Attorney will not cover them (you do have HIPAA authorizations in your Healthcare Power of Attorney, right?). Without that authorization, the physician most likely will not sign off on the necessary documentation and your family (and agents) could end up having to go to court to move forward. This would likely lead to costs and delays you no doubt wanted to avoid.

That’s where the stand-alone HIPAA authorization comes in. It allows you to name individuals who can have access to your medical records without giving them authority to make medical decisions. Certainly your healthcare agents would be included, but you should also consider including your financial agents and trustees (if you have a trust). Doing so, will help ensure that the transition of authority can be a smooth one and your estate plan works when it is needed most.

Beware the Double Tragedy in Estate Planning

October 23, 2011 / Michael

Last week was National Estate Planning Awareness Week. An entire week dedicated to raising awareness of the critical importance of estate planning. It is estimated that over 120 million Americans do not have up to date estate plans. And according to a recent study, 70% of respondents said that Americans fail to plan because they lack awareness as to why they should. Even worse, 62% of respondents to the same survey believed that many Americans do not plan because they have the erroneous assumption that estate planning is only for the wealthy. It certainly is not – read my blog post on the topic here.

So what does that have to do with the double tragedy I refer to in the title? Even a better question is, what is the double tragedy? It is this: a dear family member or friend passing away (or you passing away) and a complete lack of an estate plan or a poorly drafted estate plan. I call it the double tragedy because your family will be dealing with the loss of someone they loved dearly, so why add to their frustration, grief and hardship by leaving them with a mess with your estate due to lack of planning or a “cheapo” estate plan.

Sure, sometimes things go smoothly, but that certainly is not the case in many circumstances. Why take the chance? Take the time and money to work with an attorney who focuses on estate planning to help create a comprehensive plan that will show your family how much you cared . . . even after you are no longer here for them.

Why NOT To Use Joint Accounts As Your Estate Plan

October 2, 2011 / Michael

You may remember that I wrote about some of the downsides to jointly owning assets in this previous blog post. Well, as with all good stories, that wasn’t the end of it and the topic continues to come up. Forbes.com had a recent article entitled “Top 5 Reasons to Beware of Joint Ownership Between Generations.”

Rather than reproducing the article, I will touch on the high points . . . please read the entire article. Unlike my previous post covering a wide view of why not to use joint asset ownership as an estate plan, this article focuses on the top reasons related to joint ownership among different family generations. I’ve heard more than one parent who shared with me that they were told to “just add your child to your bank accounts, financial accounts, and home to assist with financial issues and plan your estate.”

Here are the reasons the Forbes article gives for why that is a no substitute for proper estate planning:

The assets are subject to the child’s creditors;
The assets are subject to the child’s ex-spouse in cases of divorce;
The assets are subject to “borrowing” by the child. Borrowing is in quotes to signify that this is a case where the child, because he or she is equal owner on the account with mom or dad, uses the account for their own purposes – promising (or not promising) to pay it back.
The child who is on the accounts with mom or dad gets all of those assets when the parents pass away. That’s right . . . all of it! Much to the chagrin of their siblings, other family members, and maybe even charities that mom or dad supported.
Many times #4 can lead to family infighting.

Another critical factor making this a big “no no” in many situations is that by owning the assets jointly with their children, the parents are giving up control and risking complications that many would never think of happening.

As the article points out – it is better to have a comprehensive estate plan in place and to work with a Michigan attorney who focuses on estate planning. A good estate plan allows you to keep control of your “stuff,” receive assistance when needed, avoid probate court after death, and eliminate questions about your true intentions.

Call us at 616-827-7596 to take that important first step. The first step is always the hardest, and yet it leads to the reward of added peace of mind.

What Is a Pour-Over Will?

September 25, 2011 / Michael

As a Grand Rapids, MI estate planning attorney, I see a growing number of families who recognize the benefits of a living trust centered estate plan and want a living trust as the foundation of their estate plan. Many times the other documents in a comprehensive living trust plan are overlooked or giving only a small amount of attention.

One such important planning document is the pour-over will. No, it’s not actually called that in most cases. “Pour-over” is the common way to refer to it and helps explain what it is and how it works. Although the hope is that you never need to use your pour-over will, it plays a very important role if you do.

A pour-over will is . . . well, a will. More specifically it is the type of will that is often used in a comprehensive living trust estate plan. In such a plan, the living trust plays the most important role. In your living trust you will control who receives what, how they receive it, when they receive it, what happens if you are incapacitated, who is responsible for managing the trust assets, and much more. Think of it as the “hub” of the estate planning “wheel.”

Well, the catch is this – a living trust controls only what it owns. Said another way, if the living trust doesn’t own it, whatever “it” is will go through the probate court process (unless it is directed by a beneficiary designation or other non-probate transfer mechanism). That is why it is so critically important to make sure your living trust is fully funded (read my blog post on the topic by clicking here). But what happens if something you own is not owned by the living trust and ends up going through the probate court process?

That’s where the pour-over will comes in. The reason this type of will is commonly referred to as “pour over” is because it is designed to make sure anything that is part of your probate estate goes into your living trust after you pass away – it “pours” it into the trust. It does this by directing that it happen – the will says that any property left in the probate estate at the end of the probate process will be distributed to the living trust.

And like all the parts of a comprehensive living trust estate plan, it is important to make sure your pour-over will is reviewed on a regular basis. If not, it could fail to do what you wanted it to do!

Have questions? Call us at 616-827-7596 or contact us via email.

My First Legal Zoom “Estate Plan” Review

September 18, 2011 / Michael

Well, this past week I reviewed my first “estate plan” from legal zoom. I’ve read about others’ reviews. In fact, I even referenced an article on do-it-yourself planning in a previous blog post. This, however, was my first look at a legal zoom estate plan for a potential client who wanted me to review it. I have to give this person a lot of credit for being willing to have it reviewed. To not just assume that everything was right (like many people), and to have an open and honest discussion about what it was . . . and more importantly, what it was not.

I’m not going to detail every question I had, every shortcoming of the plan and everything that was not how my potential client wanted it to be. To do that would take far too much time and you wouldn’t want to read all of it anyway. Instead, I will highlight a few of the items. To be fair, these are not just my thoughts as an estate planning attorney. Each of these items is something the potential client wanted changed because it didn’t work how he wanted it to. But how would he have known that while filling out the legal zoom questionnaire? He wouldn’t . . . more on that later.

Here are the biggest issues we came across while discussing the Legal Zoom “estate plan:”

It wasn’t a comprehensive plan – it was just a living trust and a pour-over will. At a minimum, he should have also had a financial power of attorney and a healthcare power of attorney. Although the powers of attorney are important in every estate plan, they are particularly important in this gentleman’s situation due to his health condition. Sure, it could be that he chose only the trust/will combination while going through the Legal Zoom online questionnaire, and it shouldn’t be considered Legal Zoom’s fault that he did that. I’m not saying it’s anyone’s “fault,” but the fact is, without a good discussion about what estate planning is, what it is not, what is most important to him and what planning is needed to carry out his wishes, how could he have known?!
This is probably second only to the one above. He had listed several people he wanted to receive varying shares of his estate. If someone passed away before they received their share, he wanted it to go to their children or, if they had no children, to the others he had listed. UH OH – that’s not what the trust said. It said that if any of the folks passed away, it would go to his “heirs” according to Michigan law, many of which were not people on his list and many who would receive much more than he wanted!
There was no HIPAA authorization. This means that although he wanted a living trust to help keep his affairs out of court during life and after death, someone would have to go through the court process to be appointed as guardian if they needed access to his medical records. Definitely not what he wanted.
Neither the will nor the trust had a reference to a written list of personal property. This would have allowed him to say who received what of his personal belongings without him having to change the will/trust each time. Honestly, I can’t remember reviewing a Michigan estate plan in the past few years that did not have this provision. I see this as a miss on Legal Zoom’s part.
There were several typos in the documents (for example, the signature section for the trustee had all the trustees names under the signature line written like it was one long name . . . one very long name!). I don’t know if this was user error or programming error. Either way, it was a typo. Have I seen typos before? Sure, attorneys are humans too and we make mistake sometimes. However I’ve never seen one that blatant.
Finally, although he had a living trust, it was not “funded.” That means that the trust didn’t own anything (read my blog post on the topic here). Ultimately, this meant that although he wanted to avoid the probate court process when he passed away, that would not be the case. Everything except his life insurance would go through the probate court process before it ended up in the trust and the life insurance would all go to one individual. See #2 above for why that would be bad.

Please know that the above list is by no means exhaustive. That is the list of the things that bothered my client the most. Oh yeah, notice how I changed the phrase to “my client?” He’s a client now. He wanted to make sure his estate plan was unique to his family situation and that it would work when needed . . . he didn’t feel the Legal Zoom “estate plan” did that.

I think he summed it up best at the end of the Peace of Mind Planning Session when he said, “wow – well, I guess I just didn’t know what I didn’t know. I’m glad I had you review it.”

If you have a “do it yourself” estate plan (Legal Zoom or otherwise) and would like the added Peace of Mind of having it reviewed, call us at 616-827-7596. The review is free and there is no obligation. Why leave it up to chance? Give us a call.

The Critical Importance of Estate Planning for Women

August 28, 2011 / Michael

I recently ran across this Forbes.com article about how critically important estate planning is for women. The article points out how women have been responsible for many accomplishments throughout time and how many of them have become quite successful by any standard. Yet, even with their increased stature and accomplishment, it seems few have taken the time to do proper estate planning. The article gives a very interesting statistic comparing weight loss and estate planning . . . you’ll have to read it.

Some of the reasons pointed out in the article for women to do estate planning right now are:

Women are more likely to live longer,
Married women are more likely to outlive their spouse than are men,
“Traditional” estate planning seems to minimize the role of women in the planning, and
Your children could very well be lost in the shuffle and end up with caregivers you would not want if something happened to you.

As a Grand Rapids, Mi estate planning lawyer many of my clients have expressed one or more of the above concerns when discussing their planning. As with most estate planning articles I read, Ms. Jacobs points out the importance of naming guardians in your Will for your minor children. And like most articles, she stops there. Well, if you want to help ensure that your children don’t end up in the arms of strangers for any period of time, you need to do much more than just put guardian nominations in your Will. That’s why all of my clients with minor children have a Children Protection Plan.

And is typical of estate planning articles, the focus is on financial assets. No matter what your age, children or no children, married or not married, you should look far beyond the financial assets and work with a Michigan estate planning attorney who can help you plan for your Whole Family Wealth – not just what you have but also who you are! All women have valuable values, insights, stories and experiences that should be shared with family, friends and acquaintances. And yet, the one thing that is lost when someone passes away – the non-financial assets – is the thing that “traditional” estate planners overlook.

To all the women reading this, please read the article. Then read it again in light of this blog post. After reading both, why wouldn’t you “take charge” and move forward with your estate planning? Your family’s future could very well depend on you!

The Importance of Updating and Reviewing Your Estate Plan

August 7, 2011 / Michael

As a Grand Rapids estate planning attorney I am privileged to meet with great families and to hear their stories. Some of those stories are just starting, some have a good portion already written, and some have been finished. If you’re familiar with me or my previous posts, you will understand why the stories are so important to me and to the type of planning I work on with clients (read previous post here).

This past week I met with a couple that has a truly remarkable life story. We spent the better part of our meeting having them share the story they’ve written so far and how we could make sure their estate plan would help them write the rest of their story during their life and after they pass on.

During the conversation I discovered that they had previously done planning with another attorney over 20 years ago. And guess what? Their plan had not been looked at, reviewed or revised since then. Some of the documents couldn’t even be found. Now this didn’t surprise me in and of itself. I’ve met with many wonderful families that took their estate plan documentation home from their attorney’s office, stuck it on a shelf, let it gather dust and never thought of it again. There was no followup from their attorney other than they typical statement that “you should review your plan every 3 to 5 years, so give me a call then and we’ll review it.”

Yet for these great folks (and the others whose plans I’ve reviewed) time marched on. Their life changed, the law changed, their assets changed and the life story they are writing changed. In this particular case, the life story changed A LOT! So much so that they asked me, “our current plan is so far off base now, can we just go ahead and trash it and start over?”

After careful review and discussion of their 20+ year old plan, we did just that. We spent the next several hours designing a plan that was based on their story – their past, their present and their hopes for the future. And with a plan tailored to their specific story, they have added peace of mind.

But we didn’t stop there. They were delighted to hear about the Lichterman Law Difference and how we include ongoing 3 year reviews in all of our planning levels. Yes, that’s right. For no extra charge we followup with them every 3 years to review their plan, their story and how both relate to current law at that time. The key is that we followup with them every three years.

I know how life can be and more importantly, that you have a life! It doesn’t surprise me that few families review their plan every 3 to 5 years. Life is busy and it gets pushed to the side, if it’s even a thought. And yet here I am, an attorney whose passion is estate planning and I’m thinking about it every day. Seems like a no-brainer that I should followup with them. And that way you can enjoy life and continue writing your life story.

The key to the story is this – you have a story you are writing as you live your life, don’t let the story be tarnished by not having an estate plan or, potentially worse, having one that becomes “stale” and fails when it is needed most. Why wouldn’t you give us a call to ensure you have a plan the carries out your story (or revise your plan to help it “catch up”)? Call us at 616-827-7596 today!

Aging Issues and Estate Plans

July 24, 2011 / Michael

As a Grand Rapids, Michigan estate planning attorney, I take special note of conversations in the media about estate planning. That’s how I ran across this recent Grand Rapids Press article entitled “Aging Issues Can Imperil Retirement.” I believe the overall emphasis of the article is important for two reasons: (1) it points out that everyone needs an estate plan; and (2) trusts are not just for the financially wealthy or for minimizing estate taxes. After a general discussion, the article lists specific, basic guidelines that can help protect seniors and their families from the consequences of declining mental health.

You’ll notice that #1 on the list is to prepare an estate plan. I couldn’t agree more. Why? No, it’s not just because I’m an estate planning attorney. It’s because everyone has an estate – either you can say how you want it handled by working with an estate planning attorney to put an estate plan in place, or you can let the Michigan government’s one-size-fits-all plan control what happen. I think it is important to quickly note the article’s mention of having a living will. As I previously wrote about in this post, living wills are not legal documents in Michigan. So make sure you have a Michigan healthcare power of attorney and patient advocate designation.

You’ll notice that having a living trust is #3 on the list. I’m happy to see that it made the list. Why? Because there are so many misconceptions about trusts . . . the biggest being that you have to be wealthy to need one or benefit from one. I assure you that most of the great families who work with me to create a trust plan for their family are not wealthy by any means. To give you some examples of “everyday people” reasons, read this previous post. I’m also pleased to see that the article discusses the benefits of a trust while you are still alive. There is a big misconception “out there” that trusts are only for when you pass away. Not so – there are huge benefits to having a trust while you are living. I will add that in my experience the fees are not usually the 2-3% stated in the article – in my experience that is a high number.

And finally I think it should be emphasized that these issues are too important to do it yourself. Here in West Michigan we have a very strong work ethic and like to “take the bull by the horns.” I know . . . I’m that way too. That’s why we have so many successful individuals and companies. However, this is not an area where you should do it yourself – there is too much to loose. To get some real world examples you can read my previous posts on the topic by clicking here, here and here.

After reading the article and this post, why wouldn’t you call us to make sure you have a plan that is uniquely you and provides for you and your family during life and after life? Call us at 616-827-7596 and mention this blog post for a special treat.

What’s Included In Your Estate Tax Estate?

July 3, 2011 / Michael

In last week’s post, we took a look at what an “estate” is here in Michigan. Guess what? That’s not the only “estate” you need to consider when working with a Grand Rapids, MI estate planning attorney (or going through the probate process . . . yuck!). You also need to consider your federal estate tax estate. No, that doesn’t necessarily mean that you will have to pay estate taxes, but you do have to add things up to find out if estate tax is due. To do that, you need to know what is included when adding up those numbers. I guarantee you there will be at least a few surprises.

The easiest way is to think about everything you own . . . everything! Real estate, bank accounts (including some or all of jointly held accounts), retirement accounts, brokerage accounts, automobiles, collectibles, business interests, and life insurance, just to name a few. Did you catch that last one? It is a surprise to many people that life insurance they own is included in determining the size of their estate tax “estate.” I regularly hear, “but I was told life insurance is not taxed!” Well, yes, it is not income taxed and it may not cause any estate tax (depending on the size of your “estate”), but it is included in determining how big your estate tax “estate” is and whether any estate taxes are due. You can read my previous post about how to avoid that by clicking here.

We’re not done yet! Here’s another big surprise to many people . . . your estate tax “estate” even includes some things you gave away! Yes, you read that right. A couple of common examples are gifts made within 3 years of death and property that you gave away but in which you retained an “interest.” The definition of “interest” for these purposes is too in depth for this post, but it is roughly (very roughly) the same as keeping a “benefit” of what you gave away (e.g. the right to say who gets it, the right to receive payments, etc.).

A little bit surprised by all that’s included? Most people are. Here’s the thing about probate (your Michigan estate) and estate taxes (your estate tax estate) . . . they are voluntary! The only people who have deal with them (or whose loved ones have to deal with them) are those who don’t plan to avoid them.

So you can see that we all have an estate and in many cases it is bigger than we thought. Knowing that, why wouldn’t you call us at 616-827-7596 to have your say in how your “estate” is handled? We look forward to planning with you.

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