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The Law Office of Libby Banks > Posts tagged "estate planning lawyer"

Charitable Giving With Your Estate Plan

If you wish to leave some of your estate to charitable institutions, then a gift from your retirement accounts can have tremendous advantages. There are many ways to benefit your favorite charity both now and at your death. If these charitable gifts are done properly, you can receive tax advantages now, and save your heirs taxes later. 1. Distributing Appreciated Assets with a Low Basis Did you buy stock or other assets at a low price? Do you own stock that has increased in value with no way to trace what was your original purchase price? Giving stock and other highly appreciated...

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Estate Planning – Who Needs It?

Who Needs Estate Planning? Many people, when they hear the words “estate planning,” don’t think it applies to them. “I don’t have an estate to plan!” they may say. I think this comes about from the use of the word “estate.” The word is often used to refer to the mansions and real estate holdings of the rich and famous. But the definition of an estate is “all of the things that a person owns.” In other words, your estate is the sum of your stuff: your home, your bank accounts, your stocks and bonds, your retirement account, your cars and boat, and...

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The Biden Tax Plan and Your Estate

With the advent of a new administration usually comes change. President Biden’s tax plan may affect your estate planning adversely. Here are a few key points of the plan. Estate and Gift Taxes May Increase: Arizona has no estate taxes. On the federal level, each person has an estate and gift tax exemption – the amount you can give away during life and at death before being taxed – that is currently $11.7 Million. Biden’s plan would reduce the federal exemption to $3.5 Million for estate taxes at death, and $1 Million for gifts made during your lifetime. The plan also proposes to...

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Asset Protection for Your Heirs

The revocable living trust is a great estate planning tool, but it does not protect your assets from your creditors. The assets in your trust are still considered your assets because you continue to have complete control over them. On the other hand, you can use your trust to provide asset protection for your beneficiaries after your death. When you pass your assets on to your beneficiaries, instead of giving them of all the assets outright, where they put it in their own bank account or in their own name, at death, your trust directs the trustee to create an irrevocable...

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Estate Planning during the pandemic

The need for Estate planning has become more apparent than ever due to COVID-19. People who have not considered what might happen if they become seriously ill or incapacitated are appreciating the benefits of an estate plan. An estate plan can provide significant peace of mind by ensuring someone can take care of you – and your finances – if you become ill. It also ensures your assets are protected and passed on according to your wishes. Estate planning is often a difficult topic to broach, as it brings the unpleasant topics of illness and death to the forefront of our minds....

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Is it time to update your old trust?

I review many trusts, and some of them are quite old. After these old trusts were put in place lots of things have changed: the federal estate planning laws, the Arizona Trust Code, and of course, the situation of the people who are included in the trust. When so much has changed, it’s clearly time to update the trust. When we do an update, we usually do a complete amendment – called a restatement – of the trust. We keep the original trust name and date, and just note that it was restated as of the date we sign the new...

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