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Do Estate Plans Have an Expiration Date?

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calendar book with pen

So many things in life come with built-in expiration dates. Some, such eggs, milk, and cheese, are clearly stamped, while other common items (everything from spices, fire extinguishers, lipstick, to hard liquor) lose their quality or effectiveness over time, but don’t have a clear “best used by” date on them.

So, how about an estate plan? If your running shoes can expire, how about important legal documents? This is a common and certainly valid question.

As bill-paying Americans, it seems par-for-the-course that like everything else, we need to routinely file paperwork, with payment(s), to keep coverage in place. Fortunately, estate planning documents do not expire. Once valid, such legal documents are effective for, well, for as long as you want. This includes all documents that could (and probably should) be in your estate plan, such as a will, health care power of attorney, financial power of attorney, instructions for disposition of personal property, and instructions for final disposition of remains.

You will never receive a notice in the mail that your carefully crafted estate plan is set to expire in 30 days if you don’t submit another signed form or check payment. However, I highly recommend revisiting your estate plan annually to make certain life changes over the past year are appropriately reflected. For example, having a child, getting married or divorced, moving to another state, changes in financial circumstances, and other major life events necessitate revisiting your estate plan. After all, estate planning documents can be changed up until the moment you pass away.

Update Your Estate Plan: How, When, & Why

Since these legal documents do not expire, there’s no better time than now to get started on your estate plan. The best place to start? Download my Estate Plan Questionnaire; it’s free and provided at no obligation!

I would love to discuss your estate plan with you. Reach out at any time by email, gordon@gordonfischerlawfirm.com, or cell phone, 515-371-6077.

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Back to School: Spelling Lesson Word of the Day

man reading newspaper

If spelling tests weren’t always your strong suit in school, fear not! Today’s legal word of the day is an easy one that’s having a momentary editorial heyday.

Ripped From the Headlines

As you probably heard, The New York Times took the highly unusual step of publishing an unsigned, anonymous op-ed entitled, “I am Part of the Resistance Inside the Trump Administration.” The person was identified only as follows:

“…. a senior official in the Trump administration whose identity is known to us and whose job would be jeopardized by its disclosure. We believe publishing this essay anonymously is the only way to deliver an important perspective to our readers.”

man with newspaper near train

Whodunnit?

The article led to a nationwide guessing game. Who is the senior official in the Trump administration who penned this “explosive” piece? Suspicion fell onto, of all people, Vice President Mike Pence. This is because the op-ed writer uses the word “lodestar,” and Pence has used this obscure word multiple times. (Pence vehemently denied he was the author, by the way.)

I don’t know who wrote the op-ed, and we may never know, but the real winner out of this news cycle is the word you never knew you needed in your vocabulary—lodestar!

So, What DOES Lodestar Mean?

Lodestar means “a star that leads or guides,” and is especially used in relation to the North Star.

timelapse of stars

Now, Let’s Talk About a Similar Kind of “Star”

At this point you’re like, “Gordon, this is a cool word I can def use in playing Scrabble, but what does it have to do with the law?”

Well, “lodestar” is a synonym and practically interchangeable with the word “polestar,” which is defined as a “directing principle; a guide.”

A court will use the term polestar like so: In this case, our polestar must be this principle . . .

Basically the court will use such-and-such as its guiding principle.

direction sign on a mountain

For example, in the law of wills, the Iowa Supreme Court stated In the Estate of Twedt that “the testator’s [maker of the will’s] intent is the polestar and if expressed must prevail.” You’ll see the same in the law of trusts, the intent of the settlor of a trust must be the polestar.

The word is also used in the law of charitable giving. The intent of the donor is the polestar which courts must follow if there are any issues. For example, suppose a donor posthumously donates $100,000 to a nonprofit, but the nonprofit no longer exists. What was the donor’s intent? Is it stated anywhere what the donor wanted to happen to the charitable funds if the nonprofit was no more? If not written, did the donor discuss the matter with anyone? To resolve any dispute involving a charitable gift, the guiding principle–the polestar–must be the donor’s intent.

Practical application of the Word Polestar

A major reason to have an estate plan is that YOU get to control your own future, rather than being controlled by outside forces or outside events. Through proper estate planning, you can be in total control of the answers to the following questions:

And if there are any questions or issues regarding your estate plan, lawyers and judges looking at your estate plan will make decisions based on YOUR intent. Your intent will be the polestar!

Top 10 Estate Planning Goals

Don’t delay any longer – thank your lucky (North) stars you still have time to make a proper estate plan. I’d be happy to talk with you about your estate plan any time, or you can get started on organizing your important info in my free Estate Plan Questionnaire. I can be reached via email (gordon@gordonfischerlawfirm.com) or by cell (515-371-6077). I’d truly love to hear from you.

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Don’t Mess Up like Saul Goodman: 5 Mistakes to Avoid With your Estate Plan

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Better Call Saul's Bob Odenkirk

Yesterday was the season four premiere of AMC’s Better Call Saul, the highly acclaimed “dramedy” which features slippery lawyer Jimmy McGill.

If you have yet to watch this great series, don’t worry no spoilers are needed; the lessons we can learn from the series still make sense even if you know a few basics.

Better Call Saul is a prequel series to Breaking Bad, and if you’ve seen that, you know the character Jimmy (played masterfully by Bob Odenkirk) eventually transforms himself into the very ethically challenged Saul Goodman. In either show, Jimmy/Saul is not someone you want to emulate.

The characters both finds and creates conflict in his life from his warring moral compass against his ambition. What do Jimmy’s complicated character flaws have to do with your estate planning? In the show Jimmy focuses in on elder law, including counseling senior citizens on how to make and reach their estate planning goals. While that’s great, he also makes ample, costly mistakes along the way with his important cases and clients. If there is anywhere in life to avoid preventable, silly mistakes it’s in estate planning. Here are five of the worst mistakes you should avoid like a Jimmy McGill scam with your estate plan.

Thinking you only need a will

As I’ve stated before, but bears repeating, you need more than a will. You need an estate plan. An estate plan consists of several legal documents to prepare for your death or incapacitation and a will is just one of these several documents, although an important one. I’ve written at length about the six “must have” estate planning documents. Don’t get just a will, it’s not enough. Get an estate plan.

August is National Make-A-Will Month

Settling for a DIY estate plan

Why would you not hire an Iowa lawyer—particularly one well versed in wills, trusts and estates—and go it alone? Yet, folks write their own “estate plans” all the time. There are at least nine excellent reasons, among many others, to hire an attorney to draft your estate plan.

The question is not, whether you can you write your own “estate plan.” Given the Internet and YouTube, with some training and practice you could no doubt perform oral surgery on yourself. The question is whether that decision is a wise one and will it turn out well? The plain truth is you need a lawyer to help you with your estate plan.

Failing to keep your estate plan updated

The only constant in life is change, and as your life changes your estate plan must adapt. Common events that should cause you to re visit your estate plan include:

  • The birth or adoption of a child or grandchild
  • Marriage or divorce
  • Illness or disability of your spouse
  • Purchasing a home or other large asset
  • Moving to another state
  • Large increases or decreases in the value of assets, such as investments
  • If you or your spouse receives a large inheritance or gift
  • If any family member, or other heir dies, becomes ill, or becomes disabled

There are many other life events that ought to cause you to update your estate plan. Be sure to keep your estate plan current.

5 Scenarios for Estate Planning Revisions

Not getting an estate plan at all

Surveys show that about 50% of Americans don’t have even a basic will. Oy. When you consider the bad, even terrible consequences of not having an estate plan, if you don’t have one, get on it stat. A great start would be to download my Estate Plan Questionnaire. My EPQ is free and easy, and truly a terrific first step.

Think Estate Planning is Just for the Wealthy? Think Again!

Failure to think about including your favorite charity in your will.

Your estate plan is a great way to fund the causes you care about most. Whether it be a church, hospital, school, social welfare agency, whatever nonprofit you feel strongly toward, why not make a gift to them in your estate plan? You may well make a real difference, perhaps even one large enough to transform your fave charity and affect generations to come.

If you have kids, of course you want to make sure they are well provided for. I certainly understand that. But perhaps your kids are now grown adults, successful in their own careers. Perhaps you are affluent, in which case, maybe you need to ask yourself, “How much is enough for the kids?“ Consider generously giving to that charity (or charities) at your final farewell through charitable bequests as a part of a lasting legacy and impact.

Unlike the Jimmy McGill or Saul Goodman style of attorney, I am honest, ethical, and working with a mission in mind . Be the judge for yourself—I offer a free one-hour consultation and transparent estate planning package rates. Questions or simply want to talk about how great this show is? I can always be reached via email at gordon@gordonfischerlawfirm.com, or by phone at 515-371-6077.

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August is National Make-A-Will Month

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August includes it’s fair share of obscure “holidays” including National Catfish Month, Friendship Week, and Bad Poetry Day. This month is also your chance to celebrate National Make-A-Will Month! (Yes, seriously. This is a thing.) I recommend celebrating this quite literal month by creating an estate plan. A will is one of six key documents in a quality, individualized estate plan. (If you were to elect to make a living revocable trust a part of your plan, then you would still need a will—often referred to as a pour-over will—it would just read a little different!)

national make-a-will month

Depending on your personal/family situation and assets, a will can be a bit more complicated and longer in page length than the other estate plan documents. It’s important you work with a lawyer experienced in estate planning to be sure your will covers the three major questions of:

  1. Who do you want to be the executor of your will? The executor is in charge of carrying out your directions and wishes as expressed in the will. They will also pay any outstanding debts and distribute assets as you express in the document.
  2. Who do you want to be the legal guardians for your minor children until they’re adults (age 18), if something were happen to you?
  3. What do you want done with both your tangible and intangible property? (An example of tangible property is your books or your boat. Intangible property includes assets like stocks.)

Yet another reason to work with a professional estate planner to craft a will is to avoid costly mistakes and to legitimately donate to your favorite charities.

YOU Are a Super Hero: Charitable Giving Through Estate Planning

Why Does a Will Matter?

I cannot reinforce enough that everyone NEEDS a will. Leaving your family and friends without a clearly written will in place can result in worst case scenarios such as litigation or confusion in who is to be the proper guardian of your minor child(ren). Real world examples of this are unfortunately all too common and no one is immune. For instance, Prince died without a will leaving family infighting and conflict.

Think Estate Planning is Just for the Wealthy? Think Again!

Without a will the Iowa probate court is forced to name an executor and there is the possibility that the appointed executor is not who you would have chosen. It’s simply better not to gamble with who has control over dispersing your hard earned assets.

Regular Revisions

If you already have a will (and other necessary estate planning documents) congrats! You’re better prepared for the inevitable than about half of Americans. Yet, just because you created an estate plan at one point doesn’t mean it automatically adapts to how your life changes.

While estate plans never expire, for your will to be most effective it needs to be reviewed at least annually and updated as needed. Common scenarios for estate plan revisions can be a death in the family, change in marriage status, birth of a child, major changes in financial situation, and moving out of state.

5 Scenarios for Estate Planning Revisions

Your estate plan should also be updated if your goals change over time. For example, you may want to alter the amounts of inheritance or increase/decrease charitable bequests.

Where There’s a Will There’s a Way

I would love to help you solidify your family’s future, help you achieve peace of mind, and celebrate Make-A-Will Month in the best way you can! The best place to start is by filling out my Estate Plan Questionnaire. It’s easy, free, and there’s no obligation. It’s simply a document that gets you thinking and planning. You can also contact me at any time via email (Gordon@gordonfischerlawfirm.com) or phone 515-371-6077.

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Legal Words of the Day: Tangible Property & Intangible Property

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magnifying glass over book

When most people use the word “property,” they typically mean real estate or land, such as: “She owns 50 acres of property in Harrison County.” But, for estate planners, the word property has a much broader meaning. For estate planners, property is what we lawyers call a “term of art.” A term of art is a word or phrase that has a specialized, specific meaning within a particular field (such as the legal profession). Terms of art are abundant in the law; other legal terms of art you may have heard of include “double jeopardy,” “burden of proof,” and “punitive damages.”

bookcase with ladder

Two Broad Classifications

There are two broad classifications of property—real property and personal property. Real property includes land and whatever is built on the land or attached to it. It includes buildings (like houses and grain silos), fences, tile lines, and mineral rights, for example.

Personal property is best described by what it is NOT. Anything and everything that is not real property, is then personal property. It can be easiest to think of this in terms of movability. Typically real property cannot be picked up and moved. Yes, you could dig up dirt from your plot of land and move it to your neighbor’s plot of land, but you cannot actually “move” the land.  And, sure, you could argue that you could move a shed from one corner of the yard to another, but not easily.

To drive this point home, let’s think about that shed. Let’s say I want to build a shed. The lumber, tools, and paint I brought to the site to build the shed are personal property; the shed itself is real property.

Intangible and Tangible Property

Personal property is broken down into tangible property and intangible property. Tangible personal property has physical substance and can be touched, held, and felt. Examples of tangible personal property are numerous, just a few examples are furniture, vehicles, baseball cards, cars, comic books, jewelry, and art.

Intangible personal property includes assets such as bank accounts, stocks, bonds, insurance policies, and retirement benefit accounts.

(Legal) Word of the Day: Property

Pop Quiz!

Can you classify the following as real property, tangible personal property, or intangible personal property?

Your Twitter account.

This is intangible personal property. Yes, your social media presence and digital accounts are intangible property. (Don’t forget to account for this property in your estate plan!)

Your IRA.

Again, this is intangible property.

Farmland, including its silos and fences.

Real property.

Your comic book collection.

Tangible property!

MacBook Air laptop computer.

Your computer is tangible property. But, it may contain intangible property which could well have monetary value, such as a document containing a recipe you wrote on how to bake a better apple pie, or a software you programmed.

This quiz, and overall discussion about property, sparks a big question…

What Happens to Your Property When You Die?

When you die, what happens to your property depends in large part on whether you have a will (as a part of a complete estate plan) or not. If you have a will, then your property will pass to your beneficiaries just as you intended. An exception: some intangible personal property, such as retirement and bank accounts, have beneficiary designations. Such property will pass to its intended beneficiary without a will. (Don’t forget a beneficiary designation trumps what’s written in a will, if there is any discrepancy between the two.)

If you die without a will, you are leaving it up to the Iowa intestacy laws to decide who will receive your property. Decisions as to who of your heirs at law receive your property will be made without any regard as to what you may have wanted, or may have not wanted, if you would have had a say in the matter. Long story short, it’s a good idea to put an end to the excuses and enlist a qualified estate planner to draft your personalized, quality estate plan.

How Much Does an Estate Plan Cost in Iowa? Rates Should be Transparent!

Whether it’s real or personal, tangible, or intangible, act now to protect and prepare your property for the future. Get an estate plan. You can reach me most easily by email at gordon@gordonfischerlawfirm.com or call my cell, 515-371-6077. Don’t delay—write or call today.

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What a Living Will & Health Care Power of Attorney Mean for your Medical Care

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xray-doctor

One of the six main parts of an estate plan that every adult Iowan should have is a health care power of attorney (POA). This legal instrument allows you to designate the person that you want to make health care decisions for you in the chance that you become incapacitated and unable to make such decisions for yourself.

6 Things Iowans Should Know About Health Care Power of Attorney

Who can be my Health Care POA Representative?

The person you pick is your agent/representative for purposes of health care decision-making and should be (a) a competent legal adult; (b) someone you trust would make health care decisions that align with your best interests; and (c) someone who agrees to the role. Some people elect to have the same person be their designated proxy for both the health care and financial powers of attorney. Other folks choose two different individuals for these roles.

It is highly advised to name an alternate representative in case the person you appoint becomes unable or unwilling to act on your behalf.

The law does not allow your health care designated agent to be a health care professional providing health care to you on the date you sign the document. It also cannot be any employee of the doctor, nurse, or any hospital or health care facility providing care to you. The only exception is if that employee is a close relative.

What types of Health Care Decisions does a POA Cover?

A health care power of attorney can govern any kind of decision that is related to your health that you allow. You could, for example, limit your representative to certain types of decisions. Or, you could allow your representative to make decisions for any type of health care choice/issue that may arise. This includes decisions to give, withhold, or withdraw informed consent to any medical and surgical treatments. Other decisions could relate to psychiatric treatment, nursing care, hospitalization, treatment in a nursing home, home health care, and organ donation.

 

Assorted pills

When Would I use a Health Care POA?

A health care POA comes into play only when, in the certified and recorded opinion of your attending physician, you are unable to make health care decisions for yourself. Your named agent is then able to make decisions regarding your care, receive access to records, communicate with health care providers, and other important actions that would otherwise be off limits.

What is a Living Will?

The name of this document is bit of a misnomer. Sometimes referred to as an advanced directive, a living will is best thought of as a written declaration that informs health care providers of your desire to NOT have life-sustaining treatment continue if you are diagnosed as terminally ill or injured, are unable to communicate your choices regarding your treatment, and such treatment would simply prolong the inevitable and imminent process of dying. You may consider a living will an important part of the whole that is your health care power of attorney document

Under Iowa’s Living Will Law, a living will does not permit withholding or withdrawing food or water unless they are provided intravenously or by a feeding tube. Additionally, medication or medical procedures necessary to provide comfort or to ease pain are not considered life sustaining, and may not be withheld.

Because of the sensitive nature of the living will, before signing the document make certain the provisions included align with your philosophical and/or religious beliefs and wishes.

Important Definitions

“Life-sustaining treatment” is defined as the use of medical machinery such as heart-lung machines, ventilators, tube feeding, and other medical techniques that may sustain and possibly extend your life, but which won’t, by themselves, cure your condition.

“Terminal condition,” under Iowa law, is defined as an incurable or irreversible condition that without life sustaining procedures, results in death within a relatively short time or a comatose state from which there can be no recovery, to a reasonable degree of medical certainty.

In all states the determination as to whether you are in such a medical condition is determined by qualified medical professionals—typically your attending physician and at least one other medical doctor who has examined or reviewed your medical situation. The decision must be recorded in your medical records.

 

doctor stethoscope

How do I Make a Living Will?

This is one of the documents I include in the estate planning packages for my clients, if they so elect to have one. The first step, at least when working with GFLF on your estate plan, is filling out my Estate Plan Questionnaire, which is where you can choose “yes” or “no” for creating a living will.

In terms of qualifications, you must be a competent, legal adult who is age 18 or older. The declaration can be signed in the presence of two witnesses (who also must be 18 or older and should not be family members if at all possible) or a notary public. Note that health care employees responsible for your care cannot be the witnesses.

Of course, the declaration for a living will must be signed voluntarily and without coercion.

What do I do Once I Sign a Living Will?

The original living will must be given to your doctor in order for it to be acted upon. Therefore your health care designated agent should have access to the original if the time comes when it is need.

Under Iowa law, it is your responsibility (and therefore your health care proxy if you are unable or incapacitated) to provide your attending physician (the doctor who is primarily responsible for your care and treatment) with the declaration. This attending physician might not be your family doctor, but it’s smart to give a copy of the living will to your family doctor to have on file. In addition, the living will’s existence should be made known to members of your family.

What Happens if I Change my Mind About my Living Will?

A living will is revocable at any time. You may revoke the document easily by notifying your attending physician of your intent to do so. This communication of intent will then be recorded by your attending doctor as a part of your medical record. If this is the case I also recommend contacting your estate planning attorney and health care designated agent to communicate your change. Depending on what is written in your health care POA that document may need revisions or additions, which is something your estate planning attorney can facilitate.

surgeons walking down hallway

What About a Living Will Made in Another State?

This is a good question as each state has its own laws related to living wills and such decisions. A living will made in another state will be valid in Iowa to the extent that the declaration aligns with Iowa laws on the matter.

That being said, it’s best to have a current living will declared in the state you reside in and are most likely to receive care in. So, if you signed a living will while living in Colorado and then move to Iowa, it’s best to sign a new living will that is specific to Iowa’s laws. (Plus, moving across state lines is one of those big life changes that mean you should update your entire estate plan to be sure it’s valid under your new home state’s estate, property, and inheritance laws. So, you may as well update your living will while you’re at it!)

What Happens if I don’t Have a Living Will?

Without a living will stating your directives, others will be forced to decide if life-sustaining procedures will be used for you. (Typically this is a situation one does not want to place on their loved ones.) If you have a health care power of attorney, that representative will make the decisions regarding life sustaining treatments and procedures.

If you also don’t have a health care power of attorney in place, Iowa law states that the attending physicians and the first person available from the following list will make such health care decisions for you  in front of a witness:

  • A guardian, if applicable (Note that a court appointed guardian must obtain court approval before making this decision.)
  • Your spouse.
  • Your adult child (or a majority of your adult children who are available).
  • Your parent or parents.
  • Your adult sibling.

Disposition of Final Remains: Save your Loved Ones Headache & Ambiguity

Communication is Key

Just like it’s important to discuss your estate planning decisions with your executor and family, it is equally important to discuss your health care and life-sustaining wishes with the person who will be your agent. You may also plainly state directives on your health care power of attorney form such as “I want all available organs to be donated in the event of my death.”

Review and Get Started

Whew. That was a lot of important information in one blog post. Let’s review how the two different but compatible documents of health care power of attorney and a living will:

  • Your health care power of atttorney gives a proxy your designate and trust the authority to make medical decisions for you if you are unable to make them for yourself.
  • The living will is a document specifically directing your physician that certain life-sustaining procedures should be withdrawn or withheld if you are in a terminal condition and unable to decide for yourself.

You can have a health care power of attorney document without having a living will. And, while not advised to not have a health care power of attorney document in place, you could technically have a living will without a health care power of attorney.

If you don’t have health care power of attorney or a living will in place, there’s no time like the present to make your decisions known and recorded well before the unexpected happens. Fill out my easy Estate Plan Questionnaire to get started. If you have any questions about either of these documents, don’t hesitate to contact me at gordon@gordonfischerlawfirm.com or by phone at 515-371-6077.

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What the New Tax Law Means for Your Estate Plan

US capitol building against a blue sky with flag

Changes to the tax code can and often do impact estate planning because one of the major goals for most is to reduce or eliminate the taxable amount of the estate. Passed at the tail end of 2017, the Tax Cuts and Jobs Act (otherwise referenced as the new tax law), is no different and there were some major changes that will no doubt impact estate plans moving forward. What did the Act change, what didn’t it affect, and what should you do to maximize your benefits?

Estate Exemption

congress building

One of the most significant changes under the new tax law are the estate-related exemption amounts. The estate tax exemption—or estate tax exclusion as it’s sometimes referred to—is the figure subtracted from an estate’s gross value for the purpose of calculating federal taxes.

This change is one that all estate planning individuals, especially those classified as middle- to high-net worth, need to be aware of. For tax years 2018 through 2025, the exemption from estate, gift, and generation-skipping taxes was raised from $5.49 million per individuals to an approximated $11.2 million. (The exemption base is indexed, so the base for the 2017 tax year was $5 million; for the 2018 tax year, the base is now $10 million and still indexed for inflation.) This means each individual should be able to shelter over $11 million before any estate, gift, and generation-skipping taxes apply.

If you’re married, this means your estate exemption for tax year 2018 now equals $22.4 million. (Or, you could think of it like each couple now has an additional $11.2 million in assets available to gift or make a testamentary transfer with.)

Important Considerations

Other estate planning related taxes

glasses on paper with laptop

None of the estate, gift, or generation-skipping taxes were repealed by the new tax law, and the tax rates for these remains at 40 percent. Just for review: the federal estate tax is applied to the transfer of property at death; the gift tax applies to transfers made while living; and, the generation-skipping transfer tax is applied to transfers of property that skip a generation.

However, these transfer taxes (sometimes referred to as excise taxes) will apply to fewer estates given the major increase to the exemption figures. (The Joint Committee on Taxation estimates the number of taxable estates will drop to 1,800 in 2018, compared with 5,000 estates under the previous tax law.)

Gift tax annual exclusion

Discussing gift tax can be confusing when you consider there is an annual exclusion amount and a lifetime gift tax exemption. Let’s clarify some important points, so you can feel great about gifting to your loved ones!

In the 2018 tax year, the annual gift tax exclusion will be $15,000. This is up from the $14,000 it’s been stuck at for the past half-decade. This annual gift tax exemption is inflation-based, but only raises in increments of $1,000, which is why it took the rate five years to increase.

This means you could gift up to $15,000 to an individual without cutting into the lifetime gift tax exemption. You can give gifts up to that value to multiple individuals. Meaning if you have three adult children and want to gift each of them $15,000 in the 2018 tax year, you could do so and it would be completely exempt from the gift tax. If you’re married (and your spouse consents) you can give a joint gift (otherwise referred to as a split gift) of up to $30,000 per individual in the 2018 tax year.

Let’s say you, as an individual, want to gift a grandchild $20,000. That $20,000 is $5,000 greater than the annual gift tax exclusions and that $5,000 would then be counted toward the lifetime exemption rate (the $11.2 million previously discussed).

Timing

black and white timer

Because the new exemption rates are only instated (as of right now) through the 2025 tax year, on January 1, 2026 the exemption basis will revert back to where it was for the 2017 tax year—$5 million exemption per individual. (Of course, the actual figure will be larger because it will still be indexed for inflation.) Congress could choose to extend this exemption rate past 2025, but they could also choose not to. There could also be further changes to the tax law after future congressional and the presidential elections.

Basis adjustment

There was no change made to the step-up in basis rules. Meaning, when you pass, assets left to beneficiaries are reset to the fair market value at the date of your death. This is a benefit when it comes to taxes for both the whomever inherits the property and helps simplify taxes because there’s no guesswork as to what the property was worth when the testator (the person who made the estate plan) acquired it.

Actions to Take Today

If/when the exemption amounts are reduced, there will be no “clawback,” allowed, meaning that gifts and transfers made up until 2025 will not be later subjected to taxes. That means if the increased exemption rate could have an impact on your estate and allows you to make gifts increased in quantity or value, time is of the essence. Where to start?

woman looking up

Research & consult on your options

There are a few different approaches to gift-giving that could be particularly fitting with the tax changes. Look into establishing and funding a new irrevocable trust or gifting to an existing one. Contemplate how gifts could be applied toward life insurance funding or present sales to trusts. For the charitable-minded individual, the higher exemption amount represents an opportunity for increased philanthropy—consider a tool like a charitable lead trust.

Discuss your options with the appropriate professionals such as your estate planning attorney, financial advisor, and accountant. They’ll be able to advise on tools and strategies you’ve researched, but also provide clear information and counsel of options you didn’t even know about. It’s your professional advisors’ jobs to present you with all the info (benefits and potential detriments) you need to know to make an informed executive decision regarding your estate.

Review estate plan

You should review your estate plan annually regardless of any legislative changes, but with the new tax law you’ll certainly want to review your will, any trust documents, estate planning goals, and overall tax strategies. Again, discuss your options with a qualified estate planner!

Update Your Estate Plan: How, When, & Why

Contact me for a free consult

Let’s talk about what the new tax laws mean for you, your family, and your legacy. How can you leverage the increased exemption rate to make a difference in your community? How can you better prepare your heirs when you’re not around to support them and offer guidance? Contact me for a free consultation via email or by phone (515-371-6077).

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What Nobel Prize Winner Kazuo Ishiguro’s Novel Can Teach You About Estate Planning

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Kazuo Ishiguro author

The Nobel Prize in Literature for 2017 was awarded to Kazuo Ishiguro, “who, in novels of great emotional force, has uncovered the abyss beneath our illusory sense of connection with the world.” Ishiguro has written several novels, and is best known for two: The Remains of the Day, and Never Let Me Go.

Never Let Me Go

Published in 2005, Never Let Me Go is a unique creation, a dystopian romantic drama set in a British boarding school; it’s part Kafka, part Austen, with a dashes of soft science fiction, and even slave narratives thrown in. Still, despite its uniqueness (or, because of it), the novel reveals four themes useful when planning your estate.

If you’ve read Never Let Me Go, you know it’s so hard to discuss this book without spoilers. Still, no spoilers below.

Lesson # 1. You need direct, unvarnished, and unbiased advice

Never Let Me Go is told in first person narrative by the character Kathy H.

Kathy H. is what your English lit professor called an “unreliable narrator.” There are reasons to question if what she relates is the entire truth. She’s limited even as to what she is truly and able to see and reflect upon.

But, don’t we all have our own blind spots? A good estate planning lawyer, along with professional expertise, offers a clear view and objectivity. By working with a lawyer, you’re going to bring that extra voice of reason to bear on current and future estate planning needs. Is it a good idea to leave your entire estate to your cat Tiger? Should you instead consider a pet trust? Is your 18-year-old kid truly mature enough to responsibly handle your million-dollar life insurance policy payout in one lump sum? A lawyer can give you direct, unvarnished, and unbiased advice.

Lesson # 2. YOU decide the terms of your own estate plan

Many who’ve read Never Let Me Go come to vastly different conclusions as to what the novel “means.” No one interpretation is “right,” nor are any interpretations “wrong.”

When you talk to your beneficiaries about estate planning—whether it’s loved ones, charities, or hopefully both—be aware they have their own point-of-view. That’s not meant as criticism. It’s just that reasonable folks can, and often do, differ on resolving issues.

It’s YOUR estate plan. Except for the most extreme cases, there is no right or wrong. Your estate plan is whatever you decide it is.

Never let me go quote

Lesson # 3. Read and reread (and reread again) very carefully

Never Let Me Go, at first glance, is a coming-of-age story, with twists. Upon rereading, many readers report they view the novel much differently—as a deep allegory; a meditation on memory and forgetting; the meaning of love and what it means to be loved; the definition of being human; and most especially, what should we each do with our own life, lives that are all too short.

Even though you’ve hired a professional estate planner, who’s put a lot of time and thought into drafting an estate plan perfect for your needs, you must read the estate planning so carefully. And reread it. Upon rereading(s) you might, say, change your mind on overall goals; think of a new issue to address; realize what sounded good during a conversation may not look as appealing when written down on paper; remember another nonprofit you want to aid, and so on.

Read, read carefully, and reread carefully.

Lesson #4. Leave a Legacy

Forgive me for posting this horrible hypothetical, but suppose you suddenly suffer from major organ failure. What will your legacy be? What do you want your legacy to be?

Estate planning is largely a part of leaving a lasting legacy. No matter what happens, through estate planning you ensure your legacy will continue.

Have you read Never Let Me Go? I’d love to hear your thoughts on the book as well as any questions you may have about your estate plan. If you don’t have an estate plan, now is a great time to get started. Fill out my Estate Plan Questionnaire or contact me by phone (515-371-6077) or email.

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Benefits of Smart Estate Planning: Avoiding Taxes and Fees

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Blue journal on desk

Estate planning can be a huge relief for you and your loved ones. A quality estate plan means a sense of security that your family and other important people in your life will be provided for at the time of your death.

You’ve worked hard for what you have, but the saying is all too true: you cannot take it with you when you die. So, you may as well pass along your assets through an airtight estate plan to people you care about, as opposed to the government.

To that point, there are important, not-so-obvious benefits of an estate plan, such as avoidance of specific taxes and fees.

 

Person holding phone at table

Here are several ways to get the best benefits out of your estate planning:

Federal estate tax 

The federal estate tax applies to high net worth individuals; for 2018 the estate tax exemption is $11.2 million/individual (up from $5.49 million in 2017 due to the new tax law). What does that mean exactly? It means that any one individual could leave up to that amount to heirs and pay no federal estate tax. For married couples, the limit is $22.4 million. These are important rates to know because estate taxes can be as high as 40 percent. (Which is pretty harsh!) The good news is that smart estate planning strategies exist to legally avoid the federal estate tax.

Customized estate planning

Without a customized estate plan, you and your estate may end up paying more in the long run in professional fees, court costs, and taxes. A customized estate plan is essentially a thorough plan that takes these potential future charges into consideration. It includes elements such as a managed distributions, which can help alleviate much of the tax burden on your beneficiaries.

A customized, smart, up-to-date estate plan can mean your estate avoids court costs almost entirely. Optimally you want to avoid the worst case scenario (aka litigation) with certain estate planning provisions.

 

Professional fees can include costs for services provided by accountants and lawyers. Using a flat rate with an attorney will be much more straightforward and to your long-term economic advantage. Why? Paying someone on the front end means less work and hassle down the road when your family is coping with your passing.

Allocating charitable contributions 

This is my favorite strategy for avoiding a large brunt of taxes and fees. Mutually beneficial for both nonprofit organizations and estate beneficiaries, charitable contributions are a way to secure a lasting legacy, make a tangible community difference on the way out, and secure helpful tax deductions.

There is no one-size-fits-all approach to estate planning, and a legal professional can help you identify financial advantages and benefits. (Yet another reason why you need a reputable attorney to craft your estate plan.)

Have questions? Need more information?

Click here to download my free, no-obligation Estate Plan Questionnaire or feel free to reach out any time. You can contact me by email at Gordon@gordonfischerlawfirm.com or give me a call at 515-371-6077.

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From a Client: Why we Chose to Hire Gordon Fischer to Create our First Estate Plan

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Although well-meaning, my husband and I are perpetually running late. We are late for everything—missing the first two minutes of a movie, showing up 30 seconds too late to see the balloon drop at a New Year’s Eve party, showing up to a physical therapy session five minutes late… Sound familiar?

When it came to finances, my husband and I managed to keep up on bills and our credit scores were decent, but we were always just doing the minimum to keep our heads above water. Saving enough funds for a couple trips, enough to pay the bills, and maybe throw a couple bucks into long term savings.

There is a game changer in this equation: our daughter.

Photo by Aditya Romansa on Unsplash

She has been the single greatest catalyst in our lives and has forced us to address the facts about sound financials and estate planning. We were especially concerned about the potential for an accident involving both me and my husband.

We decided to create an estate plan with Gordon because we needed reassurance that should anything happen to us, she would be cared for with as minimal amount of legal hiccups as possible.

Gordon set us up with a complete estate plan. It wasn’t nearly as complicated (nor as expensive) as we would have thought.

My husband and I took special care selecting her guardians, should something happen to us, as well as setting up a trust for her to gain access to assets after her 18th birthday.

We plan to revisit the estate plan annually, just to make sure that everything is current. In addition to her college fund, it is our way of taking her financial security seriously and planning for the unexpected. Maybe she’ll forgive us for the chronic lateness she inherited with the knowledge that she has also inherited a strong financial support system in place to help her, no matter what.

Note from Gordon: If you’re like this client (who wished to remain anonymous), children and grandchildren can mean you’ll pursue legal and financial actions you never thought of before to ensure piece of mind that they’ll be taken care of if something happens to you. There’s no harm in giving me a call or shooting me an email to at least talk about what you may need in terms of an individualized estate plan. I look forward to working with you!

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