Estate Planning Attorneys East Derry : Probate & Elder Law Attorneys in East Derry, NH

Estate Planning, Probate & Elder Law Attorneys

 

Estate Planning, Probate & Elder Law East Derry, New Hampshire

East Derry Estate Planning & Probate Attorneys

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The Hartley Law Firm

TEL (603) 436-0222 |  Portsmouth, NH

TEL (603) 472-4612 |  Bedford, NH

William A. Hartley began his career as a Certified Public Accountant in Boston, Massachusetts. During that time he attended law school in the evening and graduated from Suffolk University Law School w...(more)



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ESTATE PLANNING, PROBATE & ELDER LAW NEWS

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» Property Schedules in Trusts

Here's a question I get a fair amount: "Should we list all of our property on a schedule attached to our living trusts?" I see trusts (usually older ones) with schedules attached, but my answer is typically "no." Property changes -- we buy a new house, switch our investment accounts from one custodian to another, and change our life insurance policies. To my mind, the schedule can raise confusion -- why does it list Schwab account #12345678 when no records for this account can be found?

A better solution is to make a list of your property, including how it's titled (or who the beneficiaries are), and put that list with your original estate planning documents. And make sure to update it every year or so.

» 5 Things You Need to Know About the Estate Tax in 2010: Introduction

I'm going to be starting a series of posts entitled "5 Things You Need to Know About the Estate Tax in 2010." The first post should be up tomorrow, but before that, I need to vent.

I've put off writing about this because (1) I get angry just thinking about it and (2) I was hoping against hope that something would be changed by the end of 2009 (it wasn't, obviously). So here we are.

There's an idea being floated by some political commentators that Congress is "broken" because it can't pass health care reform. I don't buy that, but of course I, as a conservative, stand athwart history (and athwart expensive, invasive and probably unconstitutional legislation that can never be repealed) yelling "stop." Health care reform is a huge, (overly-)complicated deal, and it SHOULD be difficult to make huge changes to the way our nation works.

The estate tax, on the other hand? I got nothing. In June of 2001, major changes were enacted to the way in which the federal estate tax operates. Because of a so-called "sunset provision," these changes make no sense:

2002-2009: estate tax exemption increases, estate tax rates fall

2010: no estate tax

2011: estate tax exemption and rates back to what they would have been in 2001

What in the world? I know -- it's ridiculous. But here's the thing: we've KNOWN about this ridiculous result ever since June of 2001. And nobody in Congress has done anything to fix it. So here we are, with a ridiculous, unworkable estate tax law and rampant uncertainty about whether it will ever be fixed.

OK, that's enough ranting -- in this series of posts I'll be discussing things like:

-How carry-over basis works

-Could Congress impose an estate tax for 2010 retroactively?

-How estate tax repeal affects Family Trust and Marital Trust planning

-The state estate tax problem

-Planning for 2011 and on

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