By Michael W. Halloran, CFP®, AEP®, ChFC®, CLU® Whether owned in a revocable or irrevocable trust, many practitioners have used life insurance over the years. Depending upon the type of policy as well as current economic conditions, some problems could arise with many existing Trust Owned Life Insurance (TOLI) policies. The majority of problems with TOLI policies lie in irrevocable trusts. Many times the trustee places the policy in the trust without checking with the company to see if the policy is sustainable for the intended purpose of the trust. The coverage needs to stay in-force until the death of…
Beneficiary Designation Problems with IRAs: More Than Just the RMD Rules!
By Kristen M. Lynch, J.D., AEP, CISP, CTFA with Robert S. Keebler, CPA, MST, AEP (Distinguished) In the world of estate and retirement planning, I have been fortunate enough to have been cross-trained as both a trust officer and an attorney. As a trust officer, I was charged with being the divisional manager and administrator for all of the IRAs within a large regional bank’s trust department. In that role, I was responsible for ensuring that the bank’s IRA clients took their required minimum distributions (“RMD’s”), coordinated estate planning and post-mortem issues with the IRA client’s legal and tax…
How “Electronically” Organized Are You?
By Kristina Schneider, Practice Success Coach In last month’s newsletter, we discussed the top tips to get yourself more organized in your office space and through your daily workload, but your organization isn’t just about what’s on the outside. How about your electronic files on the computer? If you’ve ever spent more than five minutes looking for a file or trying to find an e-mail to respond to, then you might not be as electronically organized as you should be in order to be an effective and efficient assistant. As a follow-up to last month’s article, here are some tips about…
Five Simple Tips for Being a More Organized Assistant
By Kristina Schneider, Practice Success Coach Being an organized assistant is important when supporting a busy professional advisor or attorney, especially one that may be meeting with multiple clients and managing multiple projects and priorities (like most professionals are doing). Organization isn’t just about how your office looks, but it is also how you manage yourself and ultimately what can become your thoughts and actions. However, sometimes just the act of organizing your surrounding environment is enough to help organize some of the rest of your chaos. Staying organized with your paperwork, your desk or office space and your to-do…
Advise Clients to “Shift” Opportunities Rather than Grab It Themselves
By Jeremy Spackman, Esq. Opportunity Shifting is a technique where a client’s parent, grandparent or other person sets up a beneficiary controlled Dynasty Trust for the benefit of the client and the client’s descendants. The client, as trustee of the Dynasty Trust, uses the gift made by the parent or grandparent to invest in a hot business or investment opportunity inside the Dynasty Trust, thereby protecting the opportunity from estate taxes, creditors and divorcing spouses for the duration of the trust. BENEFICIARY CONTROLLED DYNASTY TRUST Before explaining the steps involved in an opportunity shifting transaction, it is important to understand a beneficiary…
“Contextualizing” Life Insurance
By Jason Oshins, Financial Advisor, MBA Context is everything, and an important component of a financial advisor’s job is to contextualize the decision-making process to enable clients to make more effective decisions with a greater likelihood of long-term success. When planning for a couple’s retirement, I frequently begin by reviewing a life expectancy chart, emphasizing two components: (1) the potential gap between the first and second deaths and (2) the potential length of time before the second death is likely to occur. Assuming a healthy 40-something couple, the gap can be 10, 15, or 20 years, if not more, and…
“Green Book” Proposals and Income Tax Planning
By Robert S. Keebler, CPA, MST, AEP (Distinguished) On April 13, the Treasury Department issued its annual Revenue Raising Proposals, commonly referred to as the“Green Book”. In this column we will summarize the key income tax proposals and suggest some planning ideas. These proposals include: (1) Implementing the Buffett Rule by imposing a new “Fair Share Tax;” (2) Reducing the value of certain income tax deductions and exclusions; (3) Limiting the total amount a taxpayer can accrue in tax favored retirement plans; (4) Shortening the deferral period for inherited IRAs; and (5) Taxing carried interests as ordinary income. INCOME TAX…
Tax Planning for 2013 Under the New Laws
By Robert S. Keebler, CPA, MST, AEP (Distinguished) As you probably know all too well, tax rates increase substantially in 2013 and later years for high income taxpayers. Not only did the top income tax rate increase from 35% to 39.6%, but a 3.8% Medicare surtax is now imposed on net investment income (NII). The 39.6% rate now applies to taxable income over $450,000 for married taxpayers and $400,000 for single taxpayers. In addition, net investment income is subject to a new 3.8% Medicare surtax to the extent modified adjusted gross income exceeds $250,000 for married taxpayers and $200,000 for…
New Private Letter Ruling Approves NING Trust
By William D. Lipkind, J.D., LL.M. (Taxation) & Steven J. Oshins, J.D., AEP (Distinguished) For many years, practitioners have used the so-called DING Trust to save substantial state income taxes for their clients. “DING Trust” is short for Delaware Incomplete Gift Non-Grantor Trust. It’s an irrevocable trust that the settlor sets up for the benefit of himself and other discretionary beneficiaries. Transfers to the trust are not completed gifts for gift tax purposes, yet the trust itself is the owner of the assets for income tax purposes. Because the trust pays the income taxes, a settlor who lives in a…
Insurance as the Key Ingredient of the “New” Estate Planning
Summary of a Live Presentation by Martin M. Shenkman, J.D., CPA, MBA, PFS®, AEP (Distinguished) Despite the American Taxpayer Relief Act of 2012 (“ATRA”), which has now made the federal estate tax exemption “permanent” at $5.25 million, your high net worth clients should still consider estate tax planning right now. The gift exemption is still $5 million and there is a good chance this may be reduced in the future. Plus, the combined estate (or gift) tax rate and generation-skipping transfer tax rate is now 64% (not factoring in “decoupled” states’ estate tax)! Those clients who may have deferred planning…