Trick or Treat?

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October 31st has arrived -- Happy Halloween.  As you prepare to take your little goblins and witches (in my case a pirate and an owl) for an evening stroll to collect candies, or you prepare a bowl to keep near your door for the little ones posing the question trick or treat, don't forget the coins.  Yes, Halloween is most prominently associated with candy corn and other sweet treats, but it is also a day when children can make a difference in the lives of children with less advantages through the UNICEF program.  Created over 60 years ago it is a long-standing charitable program.  Enjoy the fun, and consider what you might be able to do to put more treat and less trick into the lives of children around the globe.  One not need be a billionaire to make a difference in the world.

Will Wisconsin Have an Estate Tax in 2013?

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Ask a lawyer a question, and you'll likely get an answer along the lines of "it depends".  And that is the case for the question of whether Wisconsin's state estate tax will return in 2013.  As I write this post, we can only guess about what will happen, and here is why.

First, an estate tax is a tax levied upon an estate when a person dies with a net worth in excess of an amount set by a legislative body.  There is a Federal estate tax, with an exemption level set by Congress.  And then each of the 50 states can elect to implement their own state estate tax.

Second, Wisconsin used to have an estate tax, but it ended as of January 1, 2008.  Its end was based on state legislation linking its tax to the credit allowed on the federal estate tax return for taxes paid to a state.  Current federal estate tax exemption levels are $5 million per individual; if a person has a net worth lower than $5 million, no federal estate tax is owed, no return is filed, and no credit is owed to the state.  However, the current law is set to expire, and unless Congress and the President act before January 1, 2013, prior lax law will be resurrected.  And with its return, a limit of $1 million will be established.

Third, if neither the Congress and President nor Wisconsin's legislature act, it appears that the Wisconsin State estate tax will return January 1, 2013.

So, we cannot predict what theses various governmental entities will do.  My personal guess is that the federal government will not let the federal exemption fall to the $1 million because it will capture far more small business and family farms than any politician would want to see happen.  But, only time will tell.  Keep reading, and I'll post as soon as we have a definitive answer.

Transfers Not Subject to the Gift Tax

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When speaking to groups on issues related to illness, death and taxes for the middle class, I spend more time on matters related to gift taxes than I do the federal estate tax.  The reason is simple -- the gift tax applies to more middle class homes than the estate tax does.

The gift tax is a tax owed by the person making the gift if the amount exceeds the annual exclusion for the year (in 2012 it is $13,000 per person per year).  However, there are transfers that may give the appearance of a gift, but are not taxable according to the IRS.  Three of them are:

1. Transfers to political organizations (as defined in Section 527(e)1(1) of IRS code);
2. Transfers for education, excluding costs for books, supplies, dorm fees or board, as well as contributions to 529 plans; and
3. Transfers for medical expenses (care must meet the same requirements as the income tax deduction).

Now remember, a blog is not a lawyer so this is not legal advice.  It is not tax advice.  Rather it is a forum for discussion.  As the calendar year winds down, rhetoric out of Washington, DC flares with talk of the federal estate tax.  Again, this is unlikely to impact most middle income homes.  The gift tax does.  It is important to know what it is, when it applies, and what the exceptions are.  Blog posts are stagnant once posted, so it is vital to consult with an attorney or tax professional to ascertain the current laws.  Ask questions, gather information, be informed.  You'll be thankful in the end.

Frequent Fliers Miles, Loyalty Points, and the Great Beyond

If you are like most people, in your wallet or brief case you likely carry a frequent flier card or some sort of loyalty program.  And given the kind of work I do, a natural question is what happens to those "points" when you die?

 Of course, being an attorney my answer is "it depends".  As recently covered at a recent continuing legal education update it was shared that the distribution of these assets vary, and depend on the terms of the contract created by each company.  But, there is an article available on the web (dated 2011) that covers some of the big ones.  Do you use a beneficiary form?  Does your will control?  What if you die without a will?  If this seems trivial, pause and reflect on the fact that it is estimated that members are estimated to be holding approximately 3.5 trillion unused miles.  That is a lot of miles to pass without a little though and reflection.

Even if you do know what will happen (they pass via will) in your situation, make sure the fact you hold those miles/points/awards is known to your personal representative.  If they don't know about an asset -- does it exist?

Thanks for reading, and I'll be back next week.  Also, keep in mind that a blog post is no substitute for speaking with an attorney about the specifics of your situation.

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Pearls of Wisdom: Estate Planning and Probate

Yesterday and today I have been attending the annual CLEW Tax Law update in Madison.  A day and a half packed with tax concepts, code citations, and esoteric terms.  For the registration fee I walk away with the following three pearls of wisdom, which anyone can benefit from in the world of estate planning and probate:

1. File things on time, and avoid creating a questionable issue the court will have to decided (i.e. is priority mail the same as certified mail; the answer in the eyes of Wisconsin's Department of Revenue is no);
2. Read the entire trust (or insert the name of any legal document; will, contract, form, etc.); and
3. Keep it simple -- the most elegant solution to problems does not require brilliance, but rather appreciation by the government employees reading the legal forms created.

Nothing profound.  Concepts available to all, not just those with a multitude of letters after their name.  Common sense, but often overlooked.  I am thankful for the wisdom conveyed, and will be back next year for the 47th annual update in 2013.

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Following Wisconsin Tax Law

I am only five minutes in to the annual CLEW Tax Law workshop, and I've already received a great bit of information.  Wisconsin's Department of Revenue offers the option of receiving email updates on various areas of tax law.  From "tax professional" to "sales tax", you can plug in your email and get updates as they are published.  I've signed up, and so can you by clicking on the DOR's web site.  Stay informed, it is powerful.  And thanks for reading.  Feel free to share links to other useful tax law update sources if you have one.

Back to the Classroom

The forecast for Madison tomorrow predicts partly sunny and 76 degrees....on October 24th!  Of course I am scheduled to be in a day-long seminar on tax laws.  There will be no Ferris Bueller day for me, as there apparently will be for a fellow probate attorney living down in Chicago (according to her Facebook post).  No, I will be in class....all day.

Yes, even attorneys return to the classroom.  Once we are handed a diploma and admitted to the bar, we are still required to attend 30 hours of continuing legal education (CLEs) every two years.  And every fall you will find me enrolled in the CLEW Tax Workshop, presented by the Wisconsin Law School.  A day and a half of jammed packed tax fun, and for a great value.

And if you feel bad for me being stuck inside all day, there is no need.  It could be worse....my husband has to take continuing education for his professional engineer stamp (electrical).  And his classes have quizzes.  Ours do not!

Have a great afternoon, enjoy the mild weather if it is hovering over your piece of the world.  And watch for blog posts related to all things tax in the weeks ahead.

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Farms, Estate Tax, and an Election Year

NPR ran a short, but well-done story on the rhetoric surrounding the federal estate tax.  As the campaigns race towards a finish line, I am not surprised to see discussion of the estate tax emerge.  Feared by many, but paid by very few, it is yet another example of people playing off of other's lack of knowledge ("I will save you from this tax....even though you are not likely to have to pay it").

In the unlikely event the exemption falls to $1 million, then yes, it will hit a lot more people.  However, I urge people to pay more attention to issues related to gift taxes than to estate taxes, paid by less than 2 percent of estates.

Wisconsin's 529 Plan Changes

Previously I have blogged about the upcoming changes to Wisconsin's 529 Plan, called EdVest.  The plan allows parents (and others) to save money for college in a tax efficient manner.  Deposits result in an income tax deduction, growth is not taxed, and withdraws are not taxed if used for higher education.  All of these make 529s quite attractive for parents thinking ahead to college.

When Wills Fargo was the plan administrator when we opened our accounts, and for both we opted for an index fund because the expense ratio was low.  This means more money goes into our investment and less to the company's pockets.  As Wells Fargo is moved out and TIA-CREFF is moved in as the plan administrator we are disappointed to read in the materials that only ranges of expense ratios and not ratios for each fund now available.  Without this data it is challenging for us to compare the funds under Wells Fargo to the new options.

In the end what matters most is putting money into the 529s, and not how much went to administration fees.  But the frugal lawyer in me cannot help but be a bit annoyed.  Ranges do not offer the level of specifics I desire.  Details matter, especially when we'll be making deposits for the next 18+ years (our kids are 4 and 2).

One comment my husband offered made me laugh about the situation -- later this month we'll learn more about whether this change is a trick or a treat.  Enjoy the Halloween season, and I'll be back with more thoughts on illness, death and taxes for the middle class next week.

Image Credit :  M. Gustafson Gervasi -- front steps, Oct. 2012

What is an Ancillary Probate?

When I saw the envelope in my in-box I knew -- damn, the register of deeds rejected our filing.  A thick envelope is never a good thing; it means everything you sent them is coming back, a thin envelope means it was accepted an a confirmation slip awaits.  Just the opposite of college acceptance letters, or at least back in the day when college admission was conveyed via the US Mail and not the internet.

Because the man who had died was listed as one of three people on the deed, with no statement of what interest he owned (join tenant, life estate, etc.) the presumption is tenants-in-common.  As such, his share needs to be transferred via probate, and not the much more simple HT-110 form.  To complicate matters, the decedent was a resident of Illinois, not Wisconsin where the property at issue is located.  And when that happens, an ancillary probate is needed.

Ancillary is an adjective which means to provide necessary support to a primary activity or operation.  Since the decedent lived in Illinois, the Illinois probate is primary (remember, probates are matters of State law).  However, and Illinois proceeding cannot transfer real property owned in Wisconsin.  A probate proceeding here in Wisconsin, in the county where the property is located, will be required to change the deed.

Had the deed stated joint tenants, an ancillary probate would have been avoided.  The moral of this story is -- when you own property in a state where you do not have residency (residency is easily determined by where you vote), be aware that an ancillary probate may pop up unless to take action.

Please note, a blog is not a legal opinion.  Consulting with an attorney in your state about the specifics of your situation is essential.  And thanks for reading.

Removing An Old Will From the Probate File!

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Routinely, people ask me what they can do to minimize the burden of probate on loved ones once they are gone.  Common convention always seems to move towards trusts, which I feel are more complexity than most people want or need.  My answer is simple, be organized!  The more organized you are, the easier it will be on your loved ones once your earthly days have come to an end.

And keeping with that mantra, I recently asked a law clerk of mine to research the exact steps involved for a client to remove his old will from the file at Dane County's Probate Court, where it had been placed for safekeeping.  After working with me this past summer, he had a new will that revoked his former one on file. However, upon his death there is a chance that the newer will would not be located in his personal possessions and the old will on file would be found.  Later is the newer one was recovered....well you get the picture, a lot of hassle would occur.

Thanks to Sarah Wood, one of my current law clerks, my client and I now have the exact steps needed for that original will to be removed.  Here are her thoughts:

Have you changed your will but still have an old copy on file at the courthouse? If so, probate court  may rely on your old will and fail to realize that a new will is in place. It is common to change your will throughout your lifetime, so what can you do to reduce confusion? All you need to do is remove your will on file at the probate court. The process for removing an old will in Dane County, Wisconsin, is easy. Just follow these simple steps:
·         Go to  Room 1005 of the Dane County Courthouse, located at 215 S. Hamilton Street in Madison, Wisconsin. The Dane County Probate Court is open from 7:45 – 3:00 Monday through Friday.
·         Bring a form of identification with you to the courthouse. Let them know you are there to have your old will removed from their file.
·         A courthouse employee will then provide the necessary forms for you to fill out and sign.
·         After completion of these steps, your old will will then be removed from the courthouse file.
 Removing old wills from the file at probate court is just another easy step that you can take in reducing confusion and staying organizing when it comes to your estate plan. By following this simple process, you can ensure that your most recent and correct will is followed during probate. 

Thanks for reading, and please remember that a blog is no substitute for an attorney.  Please consult a professional in your state for advice specific to your situation.

2013 Gift Tax Limits

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Recent news reports show that the amount any one person can gift to another in a calendar year will increase from $13,000 in 2012 to $14,000 in 2013.  The increase is a result of cumulative indexing.  Married couples can each give a gift, meaning a total of $28,000 could be gifted to a child in the calendar year.  One reminder, the gift is considered to have been made when the check is cashed.  So, if a check is written on December 23rd, but not cashed until January 2nd, the IRS will consider the gift to have been made in the year corresponding with January, not December.  This could become an issue if the practice were repeated, but the check cashed on December 30th.  Both would be viewed as occurring in one calendar year, and then gift tax issues arise.

Please remember, a blog post is no substitute for an attorney of CPA.  Please consult with a professional in your area for the latest information and advice specific to your situation.  And thanks for reading!

Grandparents and the 529 Plan

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Every now and then I will get a call from clients inquiring about whether or not a trust fund is the right for them to use when creating a way to save for a grandchild's college education.  Historically this may have been an ideal vehicle, but it is more obsolete because of the creation of 529 plans.

Authorized under Section 529 of the Internal Revenue Service Code, these plans allow tax-advantaged ways to save for college.  Sponsored by states, state agencies, or educational organizations, they are common throughout the country.  My husband and I opted to create one for each of our children; with an initial funding immediately after receiving the Social Security Number!  Deposits give us an income tax break, there is no tax on growth, and when used for higher education, not tax is applied when funds are removed.

And 529s are not reserved solely for parents.  Grandparents can also create accounts.  The adult is the owner, the beneficiary is the child, and a successor owner can be listed to take into account the chance of the owner predeceasing before the funds are used.  Should the child not need the funds, another beneficiary can be listed.

Here is a great link if you want to read more details on 529s.  And remember, a blog is not legal advice.  Please consult counsel in your home state for your questions and concerns.

AHA Walk a Success - Thank You!

Thanks to all those who were able to donate to my 2012 request for American Heart Association donations.  Together we raised over $1100....blowing away all previous years (and this is close to my 15th year).  It was also the wettest heart walk we've done, but so worth it.  Here are a few images from the day.

What a wonderful day.  And I'm already putting together ideas on how to make the 2013 walk even better!

Heart Walk 2012 Update

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As the work week comes to a close I am delighted to share the news that I have raised over $800 for the American Heart Walk, which will happen tomorrow morning at the lovely Warner Park.  Bundled up for a fall morning in Wisconsin, I will complete the walk with my husband and small children.  The generosity of family, friends, clients, and colleagues has warmed my heart.  Times may be hard for many people, but they opened up their checkbooks to support a great cause.  24 hours remains for on-line pledges, and every penny counts.  Here is a link to my web page.  Thanks for reading and supporting me again this year!

Looking Forward to National Philanthropy Day 2012

This year November 15th marks National Philanthropy Day.  Celebrated across the nation through luncheons, galas, award ceremonies, and seminars, it is a day to recognize those who have given from the heart.  And I am thrilled to be attending my very first National Philanthropy Day event right here in Madison, Wisconsin.  Scheduled for Friday, November 2nd at the Overture Arts Center will be a networking reception, luncheon and awards ceremony.

In a counter balance to the drafting I do for clients in the areas of estate planning and probate, I am also completing a book on how the middle class can also be philanthropic.  Giving need not be reserved for the tech billionaires we read out in the news.  As I put the finishing touches on my book, I'd love to hear stories from real world America.  What small gift made a difference in the life of a non-profit?  Please share, and inspire others.  And I might profile the story in my book!

Is Your Will Up-to-Date?

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On any given evening or weekend afternoon when I am asked to speak on the basics of estate planning and probate there is one question I always pose to the audience.  Does anyone here not have a will, if so raise your hand.  Inevitably, about one third to half the people in the room raise their hands.  However, those who do have a document need to ask the question, is my will up-to-date?  If not, they are likely in the same boat as those without a document.  

Once the hands are in the air my response is, actually you do have a will.  Since you haven't taken the time to write on, the State Legislature had and it is located in the statutes.  Those without wills and those with out-of-date wills are leaving decisions about who does what and what happens to stuff up to the courts to decided.  Most likely everyone is better equipped than a probate commission and a set of statutes to make those decision.

Below are examples of ways in which a will can become out-of-date:

• written prior to the arrival of children, meaning it does not address guardianship or securing funds in a trust if both parents die;
• since it was drafted key people have died or fallen out of your life (i.e. the personal representative, trustee, guardian, or the charity you were going to leave your car to); and
• a named charity has changed it's name and your will does not state "or its legal successor organization".

Wills, well written ones, should last you decades.  However, life happens and they can become out of date.  My personal thought is you should review them every 5 years or so and make sure they reflect your current wishes.  And if a major life event happens (marriage, birth, death, split), pull them out and see how the documents address that situation.  

Remember, a blog is not legal advice.  Please consult an attorney in your state for advice specific to your situation.  And thanks for reading!

Walk With a Doc - Madison, Wisconsin

Over the weekend I read a brief news story about a new program in Madison - walk with a doctor.  The concept is quite simple.  Take a nature walk, in a local park, with a doctor.  The idea promotes an active lifestyle, and gives physicians a chance to educate in a more relaxed environment.  Each walk has a topic as well, such as weight loss surgery.

As the parent of young children, I'd love to see some walks geared towards your nation's youth.  Let's think preventive medicine by getting kids interested in walks through the woods.  I try to do this on my own, but taking a 4 and 2 year old for a nature walk is.....well a bit stressful at times.  How can our medical profession makes this easier for me?  Might a future walk address this question?  Having something other than pricey procedures and the latest prescription would be refreshing.

I don't mean to be critical, but I am an attorney after all and that is my training.  I am thankful that the medical world is trying new things, outside the doctor's office.  One can know how to life a healthy lifestyle, but implementing in the chaos of normal life in a totally different skill.

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The Compassionate Brain - On-line Series for Free

A large portion of my non-work reading material has been focused on books associated with the power of meditation and other techniques associated with re-wiring the brain.  Essentially how to move from a world of rapid fire thoughts and anxious feelings to one of a more tranquil calm, living in the moment, focused on one thing.  It's a continuum that features extremes, but most people, myself included, hover near the center but desire to be a bit more to the calm side.

And I am not alone.  The book group I coordinate routinely mentions books on this topic (we call it book club with a twist, instead of everyone reading one book we simply gather at a coffee house or restaurant and report on what we've read in the past month.  No pressure, no guilt, pure enjoyment!).

Following our last meeting, someone shared a link about a free on-line series called The Compassionate Brain.  An eight-week series will explore the approach of eight different experts on the brain can transform the mind.  It will be broadcast at 8pm EST, and starts Monday, October 8th (today).  If, like me, that does not work with your schedule, you can listen to on-demand segments a few days after the broadcast.

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What I've Been Reading: 300 Questions To Ask Your Parents

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This week I read the book 300 Questions to Ask Your Parents....Before It's Too Late by Shannon Adler.  While the introduction to the book was rather gripping, once I got into the questions I was puzzled.

First, too many questions seemed to be posed by a stranger.  For example, did you go to college and if so, where?  I realize that our society has become more introverted these days; ipods, video games, phones with movies -- we escape to our own world and retreat from one another.  But really, an adult child not knowing if a parent went to college strikes me as too distant.

Second, far too many questions are designed to be asked of a well educated stable parent.  I know, first hand, that parents are often not educated beyond high school (mine for example) and shoulder a lot of emotional baggage.  For families where the parents have Masters degrees and are emotionally sound, this book might be useful.  For others the questions may result in the equivalent of stepping on a land mine of repressed feelings.

Third, the book lists questions with room to write notes.  However, it is a standard book, not a notebook.  Writing notes seems difficult.  I also wonder if a different medium, such as video or voice recording might make the exercise more fulfilling.  A lot is conveyed through body language and tone!

And fourth, what do you do when you are done with the questions?  Addler does not offer any clear way on how to use this information.  I think she is on to something important, but it seems too limited and narrow for most people to benefit.

One question did make me wonder, what was your marriage proposal like?  My father died in 2009, and my mother is still with us, but she is in poor health.  It makes me wonder, how did my dad propose?  It is something I do not know.  And knowing might allow me to have a more complete picture of the grandfather I describe to my young children, a man they will only know through my stories.  So, before it is too late, I plan to ask my mom.  It will need to be delicate; memories of my dad and his death sadden her.  Again, that is the key point missing from this book....how to ask without bringing about hurt.

What about you -- what would you ask your parents, before it is too late?  Please post a comment and share.

Owen Gromme Prints Benefit Holy Wisdom Monastery

On Friday, October 26th a reception will be held at Holy Wisdom Monastery (located in Middleton, Wisconsin) showcasing 42 wildlife proofs and prints, created by Owen Gromme.  Through a donation from a private collection, the pieces are for sale with proceeds benefiting HWM.  The reception will be held from 5pm - 7pm on the 26th of October.  General viewing of the art is available from 8am - 4:30pm, Monday through Friday.

As a Wisconsin estate planning attorney it warms my heart to learn about amazing wildlife images of the Midwest that are for sale, benefiting a non-profit.  Times may be challenging for many, individuals and non-profits alike, but through creative collaboration good things grow.

Are there collections in your home that might be enjoyed by the general public and possibly be sold to raise funds for a cause dear to your heart?  Philanthropic living is within the grasp of all, even those who live in the middle class.

Learn more at Holy Wisdom Monastery.

High-Tech Headstones

Most people have probably seen those new high tech boxes with squiggles, called QR codes.  They have them everywhere -- stores, coffee shops, the library.  And now at the cemetery.  No, I am not joking.  NPR ran a story on it last week (thanks to my husband for sending me this link).  The idea is to link a headstone with a personalized web page for the deceased.  The web page can contain photos, music, stories, etc.  According to the people behind this business, it will make visiting a cemetery more interactive for future generations -- sit down and watch family movies and put some flowers on the grave.

Creeped out or ready to sign up?  I think I fall into the creeped out category on this one.  It seems as though technology is seeping into every aspect of our lives, and quite contemplation at someone's final resting place seems like something to hold on to.  But that is just me -- what about  you?

Financial Elder Abuse

Recently the television game show Family Feud came to mind.  Reading this article on elder abuse called up the phrase "survey says", and sadly the number one thief is a family member, underscoring the phrase "family feud".  Yes, sadly it appears that family members are they most likely people to commit financial abuse of our nation's seniors.  Proximity is probably at the core; people name their kids, even if the kids aren't the the best choice.

During my seminars on estate planning and probate I always caution people not to list agents on power of attorney for finance or health care with a knee jerk response.  "I'll name my son because he was the first born" is not the answer I want to hear.  I urge my clients to consider who is right for the job, who has the right skill set and personality.  If you have a child that is struggling financially, makes bad decisions, is impulsive, does not get along with others, etc., he or she is not the right fit for your POA.  No parent wants to admit that a child is not up for the job, but parenting never ends and they are in the best position to know who will do the job well.

As always, do not use a blog post for legal advice.  Counsel for a licensed attorney in your state is essential.  Thanks for reading, and I will be back tomorrow.

Keep Costs of Death Low -- Be Organized

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People often ask me what they can do to keep the expenditure of time and money low when the die; no one wants to leave a mess for loved ones.  Being organized is the key ingredient I recommend.  Whether you have a few hundred dollars or millions, organization will make the distribution process so much easier.

This point is illustrated in a recent news story out of Carson City.  A recluse died with only $200 in his checking account, but between $7 and $10 million in coins .  His nearest living relative is a first cousin, who stands to inherit under state law (he appears to have not had a will, so statutory distribution is the default).  But where is she?

If you died next week, how easy would it be for your personal representative to find your heirs?  Are the addresses and phone numbers stored on your Smart Phone?  If so, would the PR be able to bring them up?  High tech is great, but when someone dies, all systems are not GO.  My low tech approach is to have a print out of my holiday list labels -- they are all people who should be contacted upon my death.  The addresses are a simple way for the PR to send a letter. Yes, it is old school.  But it is functional if I die.

Other important addresses that should be in hard copy form are: your personal representative, trustee if any (we have a trustee nominated if both my husband and I die; a trust would be created for our minor children); suggestions for friends who would take in our cats; and any back-ups.

Thanks for reading, and I'll be back tomorrow for more thoughts on illness, death and taxes for the middle class.

Starting the week, and month, with Kalu Kalu

Last week I came across this quote, which tied back to Goodreads.  I have no idea about its origin, but love the concept.  What a great way to start another week, and a new month.

"Things you do for yourself are gone when you are gone, but things you do for others remain your legacy". - Kalu Kalu

Does this inspire you?  If so, how?  Have you mentioned a favorite cause in your will or other estate planning documents?  Share a comment and inspire others!