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New Jersey Estate Administration Law Blog

Facebook insiders used sophisticated trusts in estate plans

New Jersey investors are likely tracking Facebook, Inc. with great intensity as it conducts its initial public offering. The company has generated significant press in recent weeks, as have the financial plans of its founders and insiders. In general, these plans have been noted for their acumen and the esoteric methods employed to protect and preserve wealth.

In particular, sources report that Facebook co-founder Mark Zuckerberg and other insiders have placed some of their shares into a specific type of trust called a grantor retained annuity trust. This trust is a sophisticated estate planning tool especially useful for avoiding estate and gift taxes on asset transfers.

Powers of attorney can protect New Jersey residents with dementia

The phrase "golden years" presents an idyllic view of retirement. Having worked hard and saved assiduously for decades, people can relax, reflect on their lives and enjoy time with family and friends. Ideals do not always match with reality, however. The security of such a vision depends to some degree on the financial stability of a retired person or couple, which can be threatened by the onset of dementia and other memory-sapping conditions.

Alzheimer's affects approximately 12 percent of Americans who have reached the traditional retirement age of 65. Twenty years later, that figure exceeds 40 percent. Dementia can make a person much more susceptible to scams of all kinds. A lifetime of hard work can disappear in an instant. But just as proper estate planning begins long before retirement, it can help a person navigate the challenges that arise during those golden years.

Trusts provide various options for passing on real estate

Some New Jersey residents have homes on the shore or elsewhere that they rent out to others for a portion of the year. The income from such real estate may help pay off the mortgage on the property and provide a family with additional money. People may therefore want profitable assets, such as rental property, to remain in the family for the benefit of descendants.

There are a number of estate planning options available to make sure real estate can be passed on down the generations. One is the trust, which comes in a variety of forms suitable to each person's individual preferences. A revocable trust is a particularly adaptable type of trust, because it allows the trust's creator--named the "settlor" in legal language--to change the terms of the trust if necessary. But settlors may have to do more work managing and funding the trust during their lives.

Coalition Pushes for Estate Tax to Return to Clinton-Era Levels, Permanent Portability

Americans for a Fair Estate Tax (AFET) wrote March 29 to all members of Congress asking them to support the Sensible Estate Tax Act of 2011 (H.R. 3467), which would restore the estate tax to Clinton-era levels and make portability permanent.

The bill would provide a $1.3 million tax-free exemption ($2.6 million for married couples), with graduated rates up to a maximum marginal rate of 55%. The exemption would shield about 99% of Americans from the tax and would continue to be adjusted for inflation in the future, according to AFET, a coalition of public interest groups.

It would also reunify the gift and estate tax exclusions, and close loopholes in the asset valuation and minority discount rules, among other reforms. According to AFET, the wealthy, rather than social insurance programs, should foot the bill for the government's current budget problems. Rather than cutting Social Security, Medicare, and other programs that help low- and middle-income people, millionaires and billionaires should be taxed to raise revenues, said Lee Farris, estate tax policy coordinator of United for a Fair Economy and AFET steering committee member.

A health care power of attorney can help New Jersey residents

National Healthcare Decisions Day took place last week, a day designed to raise consciousness about what type of medical care a person wants to receive if they should become incapacitated through injury or illness. Many people may recognize the need for a plan that addresses this eventuality, but many also put it off until it is too late.

There are two important legal documents involved: One is a power of attorney for health care and the other is an advance health care directive, also known as a living will. Some experts place greater emphasis on the former document, arguing that its reach is greater. But both can be essential to a complete estate plan.

Some Wealthy Americans Favor Strong Estate Tax, Endorse McDermott Bill

By Diane Freda (Bureau of National Affairs Author)

Bill Gates Sr. is one of approximately 2,000 wealthy Americans who have signed on in favor of having a strong estate tax, Mike Lapham, director of United for a Fair Economy's Responsible Wealth Project, said April 11.

Speaking at a Democratic Action Education Fund progressive liberal briefing on how to get the wealthiest 1 percent of the population to pay more in taxes, Lapham said some of them are supporting H.R. 3467, a bill by Rep. Jim McDermott (D-Wash.) that would return the estate tax to a 55% maximum marginal tax rate and create a $1 million exemption for individuals and $2 million exemption for married couples. Both would be indexed for inflation.

Lapham said some of the wealthy people he is working with on the East and West coasts think the $1 million exemption level is too low, since property values are higher there and that exemption level is quickly reached.

"Certainly we don't need it to be $5 million, we don't even need it to be $3.5 million per person or $7 million per couple," he said. He favors a tax rate lower than 45% that gradually rises so that more people are pulled into paying the tax, and thinks the rate also should be indexed for inflation.

Seven panelists came at the issue of how to accomplish tax reform from different angles. All of them said the opportunity for change should be seized now-while populist feeling is running high over what is perceived as mounting tax inequality.

Wall Street Speculation Tax

As have other presidents, President Obama has framed a progressive income tax as a fairness issue rather than as a way to pay for war or other specific governmental needs, Rebecca Thiess, analyst with the Economic Policy Institute, told the gathering.

Dean Baker, co-director of the Center for Economic Policy Research, said he is in favor of a financial speculations tax-taxing Wall Street speculation-which would have the added benefit of discouraging short-term speculation in the financial markets. Taxing stock trades alone could yield $150 billion a year, he said.

The most elemental fix for many would be allowing the high-income Bush-era tax cuts to expire. Tax cuts for the top 2% of wage earners should be taken back, said Baker and Chuck Marr, director of federal tax policy at the Center on Budget and Policy Priorities. That would raise the top tax rate to 39.6%. The economy did well in the 1990s when the job creators paid that tax rate, Baker said. He also said a tax rate of 45% or 50% should not be a problem.

In addition, there is a big gap between capital gains and dividend income, and ordinary income, which is why the so-called Buffett rule has come into being, Baker said. The rule, named after billionaire investor Warren Buffett, would set a minimum 30% tax rate on households earning more than $1 million per year. The Buffetts of the world get most or all of their income from capital gains and dividends and are paying 15%, while average working Americans pay 25%, according to Baker.

Corporate Taxes

Meanwhile, Robert McIntyre, director of Citizens for Tax Justice, said that while Obama wants to get rid of tax loopholes, he then wants to use the money to lower the corporate tax rate. McIntyre said Obama believes corporations are paying "exactly the perfect amount in taxes right now," which is 1.2% of gross domestic product. "I think we can talk him out of that," McIntyre added.

McIntyre said some corporations are paying the full 35% while others are paying nothing. For the most part, who pays depends on who has lobbying power in Congress, he said.

The debate over whether the United States should tax foreign profits should be elevated so that average Americans can weigh in, Marr said. Many of the congressional plans say there should be a zero percent tax rate on foreign profits. But the average person might not think it is good to encourage investments overseas ahead of in the United States, he said.

Rules of Medicaid planning can present complex legal issues

It is no secret to residents of New Jersey that the cost of medical care is rising. Since elderly people are living longer and longer, they must find a way to stretch their retirement dollars over a broader period while still meeting their medical needs. Some people have turned to Medicaid to help with expenses.

But there are restrictions on who can receive Medicaid benefits. State-imposed qualifying criteria generally include having less than $2,000 in assets, plus a car and a home. By engaging in the process of Medicaid planning, people can attempt to reduce their assets in order to meet the Medicaid thresholds.

Estate plans can help New Jersey residents with incapacitation

As we age, the passage of time affects not just our bodies but our minds as well. Some will be affected by dementia, while approximately 12 percent of people over 65 will develop Alzheimer's disease. The family of the late Mike Wallace acknowledged that the reporter dealt with dementia.

Nearly everybody looks forward to retirement, and some plan very carefully for it. But many people neglect to prepare for the unpleasant illnesses that can afflict a person of retirement age. Planning for these possibilities is important, however. Incapacitated persons need someone to manage their assets and healthcare decisions. There are estate planning tools that can help people protect and pass on their wealth in the unfortunate event that they become ill.

New Jersey among smaller group of states with an estate tax

Any financial decision should take into account what taxes will be involved, and decisions regarding the distribution of one's assets are no different. New Jersey residents have to deal with an inheritance tax and an estate tax, only one of two states that have both. Twenty other states impose one or the other, but that number is gradually shrinking as states seek to reform their estate tax laws or eliminate them altogether.

Advocates of estate tax reform and repeal suggest that action by some states can have a domino effect on others. They argue that people who stand to lose a fair portion of their estate in taxes will choose to move to a state where the laws are more favorable. This initiates a race to the bottom, where states that have estate taxes come under increasing pressure to modify or abolish them.

Probate process finished, Brooke Astor's estate is revealed

New Jersey readers who keep an eye on the social scene across the Hudson River may remember when Brooke Astor passed away in 2007. After her death, her estate endured a will contest, but has recently emerged from probate to reveal Astor's rather grand philanthropic gifts.

Astor held a vast estate, inherited from one of America's most prominent families, and in her will she provided generously for many charities and other organizations. In total, her gifts amount to more than $100 million. Her intent to increase the public's knowledge through education is clear. She donated extensive sums to libraries and the Metropolitan Museum of Art. The largest single gift--$30 million--was set aside for the benefit of public education.

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