Beneficiary Deeds v. Will

Beneficiary deeds apply only to the real estate and the buildings on it. The household effects and tangible personal property cannot be designated by a beneficiary deed but only through a Will (or a Will with a Trust). You can avoid probate with a Beneficiary Deed on the property and a Will for your tangible personal property if such property has an aggregate value of less tan $50K. Be sure that you accounts have "pay on death" designations or your Will may have to be probated anyway.

What if You Don't Know a Superior Court Judge?

If you do not have powers of attorney for finances and health care, then you are relying on a Superior Court Judge to make decisions for you. Recently, the court process has been in the news about the abuses that occur by meddling family and professionals who do not know the person who needs help. Make sure the right people take care of you by having a complete estate plan.

Get the Most from your Health Care Power of Attorney

A health care power of attorney authorizes the person of your choice to help you with your medical care. You can also make sure that person can help you with your mental health care. If you are older, you might be concerned with temporary dementia or capacity issues. No matter your age, your health care power of attorney needs to cover having the right people help you with brain injury, brain illness, depression or other mental health care needs WITHOUT COURT INVOLVEMENT.

Estate taxes for someone who lost a spouse in 2010?

For those whose spouse died in 2010, if the deceased's estate did not use all of the $5 million exemption, then the remainder can carry over to the surviving spouse. So if the deceased spouse's share of the estate was worth $2 million, then the unused estate tax exemption of $3 million can be used by the surviving spouse and added to the surviving spouse's $5 million exemption. Thus, if the surviving spouse dies in 2011 or 2012, the estate can pass $8 million estate tax free. However, there is no "stacking" of deceased spouses unused estate tax exemption if the surviving spouse remarries. Surviving spouse cannot pass the unused exemption to the estate of a new spouse.

New Estate Tax Law

There is estate tax is now unified with the gift tax-- $5 million per person. However, it applies only for 2011 and 2012. Couples need to keep their option to have an an irrevocable trust when the first spouse dies, just in case Congress does not extend the unified credit and the $1 million exclusion from 2002 comes back. For the estate of anyone who died in 2010, the $5 million automatically applies unless the 2010 law is elected. The new law allows for a step-up in basis which avoid capital gains tax, but applies a 35% tax for any assets over $5 million.

Estate Tax Exclusion is $5 million per person

For 2011 and 2012, the estate tax exclusion will be $5 million per person and $10 million per couple. It appears that the new law also allows for the exemption to apply to anyone who died in 2010 if the estate wants to have the step up in basis. It appears also that one spouse can use another spouses exemption to some extent in a portability provision. More information to come.

New Tax Law Passed by the House and Senate

Well finally we have some new tax law -- if the President signs it. It appears that the estate tax exclusion will be $5 million for just two years -- but we need to wait to see what the law is when it is finally signed. The two year period may be good for income tax issues and the economy but for estate tax issues, the uncertainty continues.