Monthly Archives: March 2015

Estate Planning

Ensuring You are Cared for in your Senior Years

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In recent years, it has become more common for couples to decide not to have children. If this is the decision you have made, the question arises as to who will care for you in your senior years. While there is never a guarantee that having children will mean that they will care for you when you are in need, it is often expected that children will play some role in providing your care. With childless couples, it is important to understand that you have an even greater need to plan for your future care.

It is important for all individuals to have a healthcare proxy or healthcare agent, but even more so for childless people. A healthcare proxy permits another individual to view your medical records and make any necessary medical decisions on your behalf. Appointing a healthcare proxy involves a fairly simple and inexpensive document to be completed, which is surprising when you consider the amount of protection it affords to you.

When naming your healthcare agent, it is important to select somebody you trust and who has a comprehensive understanding of your wishes. You are not allowed to appoint your physician, nurse, social worker, or an owner of a health care facility where you are being cared for. The only exception to this general rule is if you are related to the individual by blood, marriage or adoption.

Other considerations for childless individuals are whether to purchase long-term care insurance. Having this type of policy can help ensure that you can afford the type of care you want when your health begins to decline. Additionally, childless couples should create an estate plan that sets forth how their assets will be distributed upon their death. Many of our clients who have no children favor charitable gifts. You can only accomplish this with a proper estate plan.

The Astill Law Office has provided high quality legal services for over 30 years. We specialize in wills, trusts, estate planning, and asset protection. If you have any questions about creating a Trust, Will, or estate planning in general, contact The Astill Law Office at 801-438-8698.

Asset Protection

Protecting Assets the Right Way

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If you are interested in asset protection tools, it is important to seek legal advice from an attorney. There are several options for correctly and legally protecting your assets, but there are also many ways you can get yourself into trouble if you do not do it properly.

One of the key steps in asset protection is timing. You can accomplish the most when you do not have any potential liabilities. In other words, if you have known creditors and you take action to protect your assets, your activity could be seen as a fraudulent transfer or conveyance.

A fraudulent conveyance occurs when an individual attempts to transfer assets outside of the reach of a creditor. A common example occurs when an individual transfers a valuable piece of property to a relative so it is no longer owned by that person and the property is outside the reach of transferor’s creditors.

A common misunderstanding is that a transfer cannot be fraudulent if the asset is “sold” to a third-party. However, if you transfer the property for less than its full value, it can still be deemed to be an improper transfer. For example, if you sell a piece of artwork for $100 when it is valued to be worth $6,000, creditors that are harmed by this action could argue that the sale was a fraudulent transfer. It’s also important to know that you don’t have to commit fraud to have a “fraudulent transfer”. For example, it’s not unusual for spouses to transfer assets between themselves for estate planning purposes. But a transfer for less than full value can still be a fraudulent conveyance from a creditors viewpoint.

It is important to understand that there are numerous ways we can help you protect your assets. A few examples include creating a:

  • Trusts
  • Limited Liability Company
  • Family Limited Liability Company
  • Limited Partnership
  • Corporation
  • Offshore Trusts
  • Other forms of ownership entities for your assets

If you are interested in learning if now is the ideal time for you to take asset protection measures, contact our office to schedule your appointment.

The Astill Law Office has provided high quality legal services for over 30 years. We specialize in wills, trusts, estate planning, and asset protection. If you have any questions about creating a Trust, Will, or estate planning in general, contact The Astill Law Office at 801-438-8698.

Asset Protection

Important Facts About Offshore Trusts

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If you are interested in protecting your assets, you may want to consider establishing an offshore trust. Offshore trusts allow you to transfer your property and assets into the trust and the trustee becomes the party responsible for managing the assets and distributing them to beneficiaries as set forth in the trust document.

Assets You Can Transfer Into an Offshore Trust

There are a wide variety of types of assets that can be held be an offshore trust, including:

  • Funds deposited in bank accounts
  • Investments
  • Real property
  • Intellectual property
  • Life insurance policies issued on your life
  • Most other types of assets

Advantages of an offshore trust

Offshore trusts offer numerous benefits. They are an effective tool for wealth protection, they offer privacy, and they can be tailored to meet the specific needs of your family. Offshore trusts are recognized in most jurisdictions and they be an important tool in estate tax planning.

In determining if an offshore trust is the best solution for you, we can review your individual circumstances and help you understand all of your options. In general, an offshore trust benefits individuals who want to protect their wealth against uncertainty in the economy or within their own family. It can help you distribute your property and assets to your heirs in a tax-efficient manner and in a way that minimizes estate taxes. An offshore trust also allows you to consolidate the ownership of assets that may be located in a variety of locations (including on different continents) in one place.

The Astill Law Office has provided high quality legal services for over 30 years. We specialize in wills, trusts, estate planning, and asset protection. If you have any questions about creating a Trust, Will, or estate planning in general, contact The Astill Law Office at 801-438-8698.

Estate Planning

What Your Loved Ones Need to Know About Your Trust

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One of the benefits of a trust is that it allows the creator to keep the contents of it private. If privacy is of upmost importance to you, we can help create a trust with this mind. However, it is also important to provide your loved ones with certain pieces of basic information regarding the trust, including:

  • The individual you appointed to serve as the trustee should be provided all the relevant information regarding where your original trust document is located. If you have stored it in a safe or lockbox, you must inform him or her with the combinations, keys, or other information on how to access it.
  • The individuals appointed to serve as the trustee (or successor trustees) should be provided copies of the trust document.
  • Your trustee and beneficiaries should be given the contact information for your estate planning attorney. Your lawyer can be of great assistance to your family.
  • If you have loved ones that you trust, you should discuss your desires for how your affairs should be handled when you die. Being clear about your decisions and your reasons for making them can decrease confusion and family fighting.

We understand the need to maintain your privacy, but it is also important to make sure that your loved ones have the information necessary to carry out your wishes.

The Astill Law Office has provided high quality legal services for over 30 years. We specialize in wills, trusts, estate planning, and asset protection. If you have any questions about creating a Trust, Will, or estate planning in general, contact The Astill Law Office at 801-438-8698.

Asset Protection, Estate Planning

Retirement Planning

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It is difficult to think about planning for your retirement when you are saving for your children’s college and simply trying to pay for daily expenses, but it is important to do so. Of course, the priority of your retirement will vary depending on what stage of life you are in, but you must have a plan. Below are 5 phases of retirement planning:

  1. Retirement planning can begin as soon as you enter the workforce. You can start setting aside funds for your retirement by taking advantage of your employer’s 401k and/or pension plan. It may be necessary to start with small contributions and increase them over time, but it is vital that you get started as soon as possible. You can earn a significant amount of money by compounding your savings.
  2. When you are approximately 15 years away from when you want to retire, you should start investigating your options for the conversion of your employer retirement savings into an Individual Retirement Account (IRA). You should also begin educating yourself about Social Security and other benefits. It is also imperative that you update your estate planning documents, including verifying that your end of life decisions have been made.
  3. During the time between the day you retire until you are approximately 70 years old, you should assess your finances, your investments and your living situation. You should confer with a professional for a projection of your cash-flow in comparison to your needs to help insure that you will be adequately protected.
  4. By the time you are 70 years old, it is essential that you discuss what you want to happen when your health begins to decline. While this discussion can be difficult, it is important that your family understands your wishes and that you document them (if you haven’t already done so) in a healthcare directive.
  5. As you grow older and your health worsens, you can rest easy knowing that your planning has paid-off. Your estate plan will allow your loved ones to carry out your wishes and you can have the peace of mind that you have done everything possible to protect yourself and your loved ones.

If you are interested in learning more about retirement planning and estate planning, contact our office today to schedule your appointment.

The Astill Law Office has provided high quality legal services for over 30 years. We specialize in wills, trusts, estate planning, and asset protection. If you have any questions about creating a Trust, Will, or estate planning in general, contact The Astill Law Office at 801-438-8698.

Estate Planning

Your Estate Planning Attorney

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When you are ready to create your estate plan, it is important to work with an attorney that you trust. Estate planning is a private matter that requires you to have confidence in your lawyer, so you should be careful in whom you choose. It can be helpful to obtain referrals from family and friends. You should also contact your local bar association to further investigate the attorney’s qualifications.

Once you have scheduled your initial consultation with your attorney, you should take steps to prepare for the appointment. This includes writing down all of your questions and organizing your records. Additionally, you should start preparing to answer the questions your attorney is likely to ask you, including:

  • What is your approximate net worth?
  • Who do you want to appoint as the personal representative or trustee of your estate?
  • What are your most significant assets (real property, businesses, investments, etc.)?
  • Who will you name as your beneficiaries?
  • Are you going to specifically disinherit anyone?
  • Who will you appoint as the guardian of your minor children?
  • Is there any information about your family or the property you own that will impact the way your estate planning should be handled (such as a special needs child)?

If you are prepared to answer the above questions, it will help your estate planning lawyer get started on creating an estate plan that will effectively meet all of your needs and goals. Contact us today to schedule your initial consultation with an estate planning you can trust.

The Astill Law Office has provided high quality legal services for over 30 years. We specialize in wills, trusts, estate planning, and asset protection. If you have any questions about creating a Trust, Will, or estate planning in general, contact The Astill Law Office at 801-438-8698.

Estate Planning

Estate Planning when you Live in Two States

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Many people choose to live in one state for part of the year and in a different state for the other part of the year. When it comes to estate planning, this can cause some confusion. The general rule is that the state of your “legal residence” controls. Your legal residence is the state that you designate as such. An individual typically does this by living in the state for at least 183 days out of the year and holding his or her driver’s license, vehicle registrations, voting rights and bank accounts in that state.

When you live in two states, if properly planned, you get to choose which state is more beneficial to you for estate planning purposes. As a result, it is important to seek legal counsel in making this decision so you can fully understand which state’s tax laws would be more advantageous. Your estate plan can be significantly impacted because some states have state tax laws in addition to the federal estate tax law. You can save significant income and estate tax by making the right decision.

You should almost always use a trust if you own property in two states. Otherwise, it is likely that your loved ones will have to go through the probate process in one or both states. A trust can hold both pieces of real estate and help avoid the time-consuming and costly probate process.

It is also important to note that you should create certain documents that are correct and effective for each state. For example, you should probably have a Durable Power of Attorney and Advance Medical Directive in each state to make sure you are protected if you encounter unexpected events or require medical decisions to be made on your behalf, and which are compliant with the laws of both states.

If you have questions regarding creating an estate plan when you live in two different states, contact us for the answers you need.

To learn more about how a trust can benefit your family, call us today. The Astill Law Office has provided high quality legal services for over 30 years. We specialize in wills, trusts, estate planning, and asset protection. If you have any questions about creating a Trust, Will, or estate planning in general, contact The Astill Law Office at 801-438-8698.

 

Asset Protection, Estate Planning

Credit Shelter Trusts

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Many people are surprised to learn that there are a variety of different types of trusts that can be used in estate planning. One type of trust is called the “Credit Shelter Trust,” which is also sometimes referred to as a bypass or family trust. This type of trust permits two parties (typically spouses) to divide their assets between two trusts.

For 2015, the first $5.43 million of an estate is exempt from federal estate taxes. With a Credit Shelter Trust, a married couple could potentially have no estate tax with an estate that is less than $10.86 million. This could potentially double that portion of your children’s inheritance by avoiding estate taxes. Additionally, once assets are put into a Credit Shelter Trust, they are free from estate tax. This is true even if the value of the assets increase. Therefore, if the surviving spouse invests the trust assets wisely and doesn’t need the assets for support, your children’s inheritance can continue to grow, free of any estate tax. As we often tell clients (just to make a point), the Credit Shelter Trust could grow to a BILLION DOLLARS and no estate tax will be paid when they receive their inheritance.

The Credit Shelter Trust also protects your children in the event the surviving spouse remarries. Typically the trust will contain provisions that prohibit its use for anyone except your spouse and your children or grandchildren.

There is another advantage that most people fail to consider. When a Credit Shelter Trust is created, it protects the assets of the trust from the creditors of a surviving spouse. In other words, no matter what happens to the surviving spouse, the nest egg represented by the amount set aside in the Credit Shelter Trust is protected from claims for the life of the surviving spouse.

Typically, when the first spouse dies, the surviving spouse is left a certain amount in trust for their benefit (not to exceed the current federal estate-tax exemption). The remainder of the estate passes to the surviving spouse tax-free through a marital trust or outright bequest (with any remainder to pass to your children upon the death of the surviving spouse). The Internal Revenue Code does not consider the assets in the Credit Shelter Trust as included in the surviving spouse’s estate for the purpose of calculating estate taxes. The theory is that the surviving spouse did not have full ownership of the assets held by the Credit Shelter Trust. The beauty is that they have the benefits and use of the Credit Shelter Trust, but it is asset protected and protected from the estate tax.

It should also be mentioned that the estate tax is portable between the spouses. In other words, if the first spouse to die does not use all of his or her $5.43 million exemption, the surviving spouse’s estate can take advantage of it. The surviving spouse must make this election on the first spouse’s estate tax return.

In short, the Credit Shelter Trust is beneficial if you want to protect your surviving spouse financially. This type of trust provides your spouse with a source of income if needed, while also protecting him or her from creditors, and protecting your children from loss of inheritance. It’s an excellent planning tool.

To learn more about how a trust can benefit your family, call us today. The Astill Law Office has provided high quality legal services for over 30 years. We specialize in wills, trusts, estate planning, and asset protection. If you have any questions about creating a Trust, Will, or estate planning in general, contact The Astill Law Office at 801-438-8698.

Estate Planning

What Should I do with an Inherited IRA?

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If you have inherited an IRA from a loved one, there are several options available for how to handle it. However, the rules governing inherited IRAs can be complicated, so it is important to obtain professional advice on what option would be most beneficial to you. It is important that you do not lose the tax-deferred advantage causing you to pay taxes on the entire account balance.

It is important to note that this blog does not take the place of obtaining legal counsel in your jurisdiction, but below are a few options you may want to consider:

  • Cash Out. You are allowed to withdraw the full amount of the IRA. However, you must pay income taxes on this amount, so it often is not the best option.
  • Spouse Rollover. If you inherited the IRA from your spouse, you can roll it into a new IRA or merge into your existing IRA. This option allows the account to continue to grow tax-deferred. This option creates the best income tax strategies, and allows for the inherited funds to continue to be protected from creditors – a big plus!
  • Non-Spouse Option. If you inherited the IRA from somebody other than a spouse, your options may depend upon when the initial owner died.

o   If the initial owner of the IRA died before he or she began to receive requisite distributions, you can establish a “Beneficiary IRA.” This allows you to take yearly distributions based upon your life expectancy. The Beneficiary IRA must be finalized before the end of the year after the initial owner’s death. If the beneficiary does not take the first distribution by then, the full sum of the IRA must be withdrawn by December 31st of the fifth year after the owner’s death.

o   If the initial owner died after he or she began to receive the requisite distributions, a non-spouse beneficiary is required to take a distribution in the same amount as the owner’s require minimum distribution for the year he or she died if one had not already been taken. In subsequent years, the distributions can be based upon the length of either the beneficiary’s life expectancy or the remaining life expectancy of the original owner.

If you are the beneficiary of an inherited IRA and you need help deciding what to do with it, contact our office to schedule an appointment. We can explain all of your options and assist you in determining what would be most beneficial to you. It’s important to contact an expert to discuss your options. There are time limits to make elections you need to be aware of, and if you do something and then decide it was the wrong option, it may be too late to correct the problem.

The Astill Law Office has provided high quality legal services for over 30 years. We specialize in wills, trusts, estate planning, and asset protection. If you have any questions about creating a Trust, Will, or estate planning in general, contact The Astill Law Office at 801-438-8698.