December 15, 2019










Trusts and Taxes

Grantor Trusts

Any Trust which is created by an individual and where the individual transfers assets to the trust and the assets remain in the trust for the lifetime enjoyment of that individual. The Individual is referred to as the Grantor.

Examples of Grantor Trusts and the various Tax implications of each

Revocable Trust – Trust whereby the Grantor reserves the right to revoke any term of the trust during their lifetime. The grantor transfers assets such as property, investments and savings to the trust. The grantor typically names himself and his spouse as Trustee.

  1. Income Taxes– The grantor typically reserves the right to the income that the Trust generates. This includes rental income from property and dividends and interest from investments. As a result any income generated from the Trust is attributed to the grantor. The Tax ID for the Trust can be the social security number of the grantor or they can obtain an EIN from the IRS.It is possible to create a Revocable were the grantor assigns the income of the trust to another individual, such as a child. In this instance, the income is taxed to that beneficiary.
  2. Gift Taxes – Because a revocable trust can be revoked by the Grantor, it is considered an incomplete gift. As such there is no gift tax implications.
  3. Estate Taxes– Assets transferred to a revocable trust are considered to be part of the Grantors estate. Therefore, the value is added to the Grantor’s total estate and used in any estate tax calculation.A revocable trust can include a Credit Shelter provision or QTIP language. In either scenario, the grantor’s assets will pass to a testamentary trust (Credit Shelter Trusts are also disclaimer trusts – meaning that the surviving spouse has to disclaim the assets for them to pass to the trust). The purpose of establishing these trusts is to limit the estate tax liability.

    An example of how it works: Married individuals are worth $5,000,000. If they did not do anything, and one spouse passed away, the surviving spouse would be worth the entire $5,000,000. Upon their passing, the heirs would be responsible for a potentially large estate tax bill.

    By placing assets into a Credit Shelter or QTIP Trust, the assets of the spouse who passes first remain in their estate for tax purpose. The surviving spouse has limited access to those assets, however, the assets do not pass to children until the passing of the second spouse. Because the “disclaimed” assets remain in the estate of the first spouse, the children benefit from the exemptions of each parent. As a result, in the example above, each estate would be values at $2,500,000. Assuming the Federal Estate Tax exemption is $2,500,000, the children would not be responsible for a federal estate tax (there would still be a NY State Estate Tax). However, if they did not plan, assuming the same numbers, the children would be responsible for approximately $1,000,000 in federal estate taxes upon the death of the second parent.

Irrevocable Income Only Trust (IIOT)– Trust whereby the Grantor does not reserve the right to revoke any term of the trust during their lifetime. It is typically done to protect assets against the cost of long term care (home health aide or nursing home)

  1. Income Taxes – The grantor typically reserves the right to the income that the Trust generates. This includes rental income from property and dividends and interest from investments. Often spouses who create a Irrevocable Income Only Trust would create a joint trust. Therefore, an EIN should be requested from the IRS. However, if it is a sole individual, their SSN can be used.
  2. Gift Taxes – An IIOT is also an incomplete gift when the grantor retains an interest income and a limited power of appointment to change the beneficiaries in their Will. No Gift taxes owed.
  3. Estate Taxes – Cannot include Credit Shelter or QTIP language. All assets included in Taxable estate.

Supplemental Needs Trust – Trust whereby the Grantor places assets into a trust for the benefit of a disabled individual.

  1. Income Taxes – New EIN for the Trust is recommended. A tax return will be done for the Trust because the income does not go to the grantor or beneficiary but remains in the trust.
  2. Gift Taxes – When an individual transfers assets to an SNT for the benefit of another individual, they should file a gift tax return if the yearly transfer exceeds $13,000.
  3. Estate Taxes – Included in the estate of the disabled individual.
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Client Case Study: Be Organized, or else

A few months ago, I met with a client who wished to update his Last Will and Testament and learn how to protect his assets against the cost of Long Term Care. He was widowed, had a partner of 10 years and two children from his previous marriage. He was 85 years old. His assets included his primary residence and modest savings, mostly in the form of CD’s.

He wished to leave his assets to his partner and one of his daughters – disinheriting the other daughter. Because of this – and because he wanted to protect his assets – I suggested that he create an Irrevocable Trust. This would help protect his assets in case he had to be placed in a nursing home or require the assistance of a home health aide. More importantly, perhaps, it would allow his estate to avoid the probate process – especially important when disinheriting a child.

Probate is the process of proving the validity of the will and administering the estate. During this process, all children are asked to be involved by consenting to the appointment of the named Executor – including those who are disinherited. Because he wanted to disinherit a child, I thought that the probate process could be difficult for his partner and other daughter.

He decided to take my advise and create a Trust and then transfer his assets to the trust, including the deed to the house. We began the process by drafting and executing the Trust agreement. Unfortunately, he could not find the deed to his house. He took more time to try and locate the deed, but to no avail could not locate it. We eventually found the deed with the assistance of a Title company.

Unfortunately, before we had time to draft and sign the deed, my client passed away. The house, therefore, was not owned by the Trust. Accordingly, the house would pass through the Will, forcing probate. Because the Will states that one of his daughter is not to inherit, we expect there to be a contested proceeding.

It is all too common for individuals not to know exactly where their important documents are located. Whether they be Wills and Trusts, Powers of Attorney and Health Care Proxies, Deeds and Health Insurance information, or a list of bank accounts, it is important that you be organized and know where everything is located so that when the time, comes there are not unnecessary delays that cause unnecessary problems.

Estate Sale Tips

by Rosemarie Davidson

One of the challenges people face when moving to a smaller space is trying to figure out the best way to downsize their homes. Today, there are more options than ever, including online auction sites, charitable donations, traditional garage sales and estate sales.

“The way individuals choose to get rid of their possessions can be a very personal choice,” said Rosemarie Davidson, Owner/Partner of Long Island. “It usually depends on how attached you are to your things, how much time you have to invest, and how much your items are worth.”

Traditional garage sales often require a lot of work and result in very low return, while online auctions and estate sales are typically more profitable and efficient. Online auctions will garner your items both local and national exposure, while estate sales will draw loyal followers.

“These days, most of our clients opt for an estate sale,” Davidson said. “In the long run, an estate sale has all the benefits of the other methods and usually produces a better return on the effort.”

Enlist the Services of a Specialist

For people who do not have a lot of time to invest, an estate sale can be a very positive experience. Estate Sales are managed by professionals, such as Caring Transitions, that coordinate everything for an administrative fee and/or a percent of total sales. This includes doing a home inventory, pricing, advertising and marketing, set up and clean up, donations, heavy lifting, transportation and shipping of items.

The estate sale specialist advertises to a target audience of regular shoppers in addition to broad marketing. The audience that comes to your sale understands the process and is usually ready to buy.

Estate sale specialists know the market and will review your property and determine the approximate value of the sale. Their goal is to ensure you can sustain a profit after the sale is complete. No matter what you have to sell, it is always worth calling a specialist; however, a low-volume sale may not be in your best interest. The specialist will assess the situation and make recommendations based on your unique situation.

Choose Your Service Providers Wisely

It is rare that you will have a “bad” sale experience, but as with any residential service, it is always best to know how to evaluate your providers in order to avoid pitfalls.

Ask for references from any company you employ. You may even want to attend another sale they are managing to see how smoothly it runs. Always use a professional company that specializes in estate sales.

DO follow these guidelines:

  • Hire the specialist you feel you can trust and discuss payment methods before the contract is signed. Some specialists charge an administrative fee or “minimum” to prepare the sale and others include the fees in their commissions.
  • Discuss the specialist’s process for turning over hidden valuables or personal items found in the sorting process.
  • Understand it can take days or even a couple weeks to prepare for a sale. Preparation includes sorting, cleaning, tagging, merchandising the sale, advertising and selling.
  • Be sure you receive an itemized list of the items prior to the sale, as well as a list of the items sold.
  • Allow the specialist to clean the items. Some items are delicate and cleaning may result in damage to valuables.
  • Understand that age does not always equal value in an item. Authenticity is the true guide to value and the item also has to hold its value in today’s market. Your specialist has many resources to help them determine the value of special items.
  • Be sure to reserve the items your family wishes to keep and make sure everyone has a list of those items so they are not included in the sale or sales contract.

DO NOT allow inexperienced friends or family to run your sale. Despite good intentions and best efforts, this rarely produces optimal results and may cost more in the long run as they will have to purchase materials and displays, buy extra advertising, purchase signing and research items. The result is usually something like a failed garage sale, leaving you with a lot of unsold items and very little to show for the items that did sell.

DO NOT throw things away as you get ready for the specialist’s visit. As the saying goes, “One man’s trash is another man’s treasure.” The specialist will sort though all the proposed sale items and help you decide what should be included in the sale. Does that include the oversized pea green vase? Yes! You never know who is going to love that green vase, even if you never have.

A skilled specialist understands the local buyer’s market and knows how to merchandise each and every item in the sale to optimize the return. They have display tables, blankets and quilts, jewelry trees, cases, dish displays and more to help create appeal for the buyer.

“Our sales are about honoring a lifetime of possessions and the history behind the home,” said Davidson. “Many of our shoppers find just as much joy sharing in the story of someone else’s life as they do finding the perfect bargain.”

After the sale, your specialists will remove the unsold items, arrange for donation, clean up the area and prepare the home for sale. Companies such as Caring Transitions will manage other facets of the process as well, including arranging for painting and repairs. Each service is slightly different, but true estate sale professionals work to serve you and help determine what is necessary to help you move ahead.

Rosemarie Davidson is Owner/Partner of Caring Transitions, 16 Park Drive Old Bethpage, NY
Phone 516-586-6567 www.caringtransitions.net/plainviewny

October is Down Syndrome Awareness Month

For many of us, every day is a chance to promote Down syndrome awareness—advocating for our children to be included in school and community activities, highlighting their talents, giving them opportunities to show just how much they have to share. The calendar, however, provides us with one month during the year when we can really step up those efforts. Here are some suggestions for how you might promote Down syndrome awareness in your community:

  • Distribute NADS posters and bookmarks to area schools, libraries, or businesses (you can order them through the NADS office or the website: www.nads.org)
  • Provide your obstetrician or your family doctor with updates about how your child is doing and, if they are receptive, with family photos or information about Down syndrome
  • Donate books about Down syndrome to your local school or library
  • Talk to your child’s class
  • Arrange for a NADS speaker to give a presentation at your child’s school or at an organization in your community
  • Contact local media about doing a human interest story about your family or about activities involving people with Down syndrome in your area
  • Write a letter to your local paper
  • Organize a special event during October to highlight the gifts of people with Down syndrome—a performance, or an art exhibit or a screening of a movie or video featuring characters with Down syndrome (you could also show the NADS video, Talents that Inspire)
  • Organize a “Down Syndrome Awareness Day” at a local restaurant or community event

October 2010 Public Awareness Activities:

Book Donation:
NADS board members are distributing books on Down syndrome in their local communities.

Artist Showcased:
Michael Johnson, a local artist with Down syndrome, will have his work showcased at Soothe Your Senses Salon, 6260 N. Broadway in Chicago. NADS posters and bookmarks will be available at the Salon as well.

Reverse Trick or Treating:
One family is promoting awareness by reverse trick or treating. This year as they go door to door asking for candy treats throughout the neighborhood on Halloween night, they also will give a treat. A lifesaver stapled to a NADS bookmark with a small label that reads “Thanks for all the support that this community has shown our family. It is their attempt at wider public awareness and it rests on the belief that the simple act of one person saying thank you for kindness can be very powerful. And if a child (especially a child with Down syndrome) gives this to an adult—it’s doubly powerful. What better public awareness can you have?

Suggestions?

If you have any successful public awareness strategies, we would love to hear about them. Please send your stories/suggestions to info@nads.org, and we will share them with others on our website.

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