New York Probate and Estate Administration Blog

We all want to trust those we love to do the right thing. For some, that blind faith in family and loved ones to do what is right may prove to be detrimental. According to a report by a NY Estate Planning Lawyer, when a will, trust or inheritance is concerned, people get dollar signs in their eyes, so much so that they become irrational in their thinking and in turn, in their behavior. Since money is touted as the most important survival tool in our country, once some people have access to it, they will take it even if it belongs to someone that they have loved and respected all of their lives. 

Such is the case for an 89 year old woman whose grandson was named the trustee of her estate, which included her house, social security checks and a trust fund that had been gifted to her 35 years ago. Within just two weeks of having been awarded the position of trustee, the grandson began removing money out of his grandmother’s accounts and plugging it back into his own, now defunct, carpet and construction businesses. 

The New York Estate Planning Lawyer reports that the elderly woman went from having $105,000 to live on for the rest of her life to losing her house and having her bank account blasted to less than $6000 by her grandson, who was caught after his own mother, the daughter of the elderly woman, realized what he was doing and called authorities. 

Though the money is gone and the grandmother is now living in a small trailer with no money, revealed the New York Estate Planning Lawyer, the woman has forgiven her grandson and is worried that if he goes to jail for his crimes against her then she will never see another penny from him, leaving her worse off than before. In Brooklyn and Manhattan this action could be prosecuted by the authorities. It just goes to show that in matters of financial planning, blood relation is not always a guarantee that your finances will be safe.

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There is no inheritance tax for 2010, but that will not benefit most of us who plan to live to 2011 and beyond. The inheritance tax may or may not return in some form in 2011 – Congress hasn’t decided yet – but luckily, the gift rules remain pretty much the same, a New York Estate Lawyer reports.
Gifts of up to $13,000 a year per person to any number of people can be passed on without any taxes whatsoever. Married couples who file jointly can double the amount to $26,000. A Gift Tax Return has to be filed for any gifts over that amount.
That doesn’t mean a gift tax is involved. One can grant a million dollars in gifts, above and beyond the yearly $13,000 before the gift tax. Most people will never have to worry about that. There are a number of other exclusions and provisions regarding gifts and estates, which means reading up on IRS regulations is very important to make the most of your money, a New York Estate Lawyer notes. Lawyers in Brooklyn and Long Island are well versed in these new rules.
Gifts are not the only way to avoid paying extra in taxes. A 529 Qualified State Tuition Plan for educating a child can allow gifting a certain amount without triggering the gift tax. A Roth IRA for the kids can also be a good way to give money without triggering tax. Funding someone else’s benefits, up to the gift limit, can also be a way to pass money along, a New York Estate Lawyer reports.
Your money should be yours to give out as you like. A New York Estate Attorney can help you make that a reality. The law can be complicated, and a professional like a New York Estate Attorney can make it a great deal easier to deal with.

Continue reading "Tax Gift Rules Can Help Estate Planning" »