The cost of setting up a trust varies depending on the type of trust and its complexity, but generally speaking a trust will cost between a few hundred to a few thousand dollars. Basic trusts can typically be setup using online tools and guides from trusted sources, whereas complex trusts often require the help of an estate planning attorney and a tax attorney. There is also the matter of paying the trustees an annual fee for oversight of the trust, and there may be annual expenses associated with keeping the trust up to date with changes to the law and/or your estate plan. Continue reading...
There are thousands of attorneys that specialize in estate planning, so choosing the right one for you can be a challenge. If possible, referrals are the best approach. Your Financial Advisor should definitely have resources and a network available to recommend a reliable estate and/or tax attorney for you — someone he or she has been working with for a number of years at least. Ultimately, the best source is a referral from a friend or someone else you trust. Continue reading...
IRS Link to Form — Found Here Sometimes individuals need representation to argue their case to the IRS or the tax court. To this end, there is an IRS form, the 2848, which designates an individual to represent the taxpayer on tax matters. The person receiving agency must be qualified and certified to perform such work. CPAs, Enrolled Agents (EAs), tax attorneys, and a few other professionals are qualified to represent taxpayers (or non-taxpayers, as the case may be) on tax matters in a tax court or IRS audit. To give one of these registered tax advisors the authority to serve as your agent and proxy for such matters before the IRS and tax courts, you must file a Form 2848. Continue reading...
Bankruptcy court is a special judicial proceeding which determines how a debtor can settle accounts and move on. Bankruptcy courts are always federal, and not state, courts. They were established in the Constitution and given structure by the Bankruptcy Reform Act of 1978. They give debtors a means of moving beyond debts that cannot be fully repaid. There are several kinds of bankruptcy filings (found here — ‘chapter 7-15’, some for individuals, some for businesses, some involving foreign entities or persons operating in the US. Some are for absolution and the dissolution of a business entity, and other filings are requests for partial debt forgiveness and reorganization of the entity. Continue reading...
In most cases, you should consult a tax professional and/or an estate planning attorney for help in setting up a trust. If you’re setting up a trust in the first place, it is likely because you have estate planning needs – which also means you have a level of assets that requires estate planning. Preparing a trust on your own runs the risk of setting it up incorrectly, which can lend itself to legal risks such as challenges from heirs and/or creditors. Continue reading...
A simple will can be created for free if a person uses an online template from a trusted source and/or creates the document themselves. Having an attorney create a will may cost a few hundred dollars, depending on the complexity of the estate. If you opt for an online will, the cost will be extremely cheap compared to hiring a professional (possibly a few hundred dollars or even significantly less). Continue reading...
A living will is sometimes called an advance directive or a medical directive, and it specifies a person’s wishes regarding life-prolonging medical procedures and other end-of-life issues. If a person is in a coma, for instance, it is intended to provide instructions for their care, including whether or not to use oxygen or “feeding tubes” to keep them alive. This might require a Do Not Resuscitate (DNR) waiver of some kind, which tells medical staff not to intervene if the person is dying. The living will is different than the “will” that most people are familiar with, which is a Last Will and Testament, stipulating the person’s wishes for their estate after he or she has died. Continue reading...
No-Cost Mortgages waive the initial closing costs by making a repayment structure for those costs into the interest payments on a mortgage loan. Closing costs can range from 2%-5% of the total cost of the home, and include attorney fees, underwriting fees, application fees, and so on. These costs are deferred and are paid in the form of additional interest on the loan. Closing costs are separate from down-payments of equity, and are a miscellaneous hodgepodge of a wide range of fees associated with closing a mortgage deal. These costs are sometimes covered by the seller, but most often they are paid by the buyer. Continue reading...
While it is possible to sell your house without a broker, it may prove to be more trouble than it’s worth. If a person can sell their own house or property without a real estate broker, he or she can avoid paying broker’s fees out of the proceeds. A person should realize, however that brokers are well-acquainted with the real estate marketplace, and may possibly already have some potential buyers in their pipeline.They are also ready to spend the time and money to market and show your property. Continue reading...
No-fee mortgages are synonymous with no-cost mortgages, which might apply to first mortgages or refinancing arrangements where the closing costs are paid by the lender, broker, or bank, but a higher interest rate is charged on the loan as a means of recouping those waived fees. Closing costs and fees are calculated based on the total amount being loaned, and might be about 3% for a first mortgage and 1.5% for a refinanced mortgage. When the fees and closing costs associated with a mortgage loan are waived for the borrower, they are usually baked in to a higher interest rate on the loan. Continue reading...
It’s good to have the opinion of advisors who are knowledgeable in various areas of your planning and portfolio, but for most portfolios this can be reasonably accomplished with one advisor. It’s a good idea to have one Financial Advisor who oversees all of your assets, and if the individual parts of your portfolio are of significant size, you might consider having a specialist in those fields to oversee them. Continue reading...
Asset management is a term often reserved for the overseeing of assets on behalf of a business or for wealthy clients with significant and various assets. A financial planner, CPA, or estate attorney who is capable of assisting a client with various types of assets and their optimal arrangement for that client’s goals can be said to be in a business of asset management. Tax considerations and cash flows may be a larger consideration with asset management than with investment advising. Continue reading...
Income tax is paid to the government based on the amount of income earned. There are federal income taxes, and some states have their own income taxes, too. As an employee for a company, income taxes will be withheld from paychecks using the company’s best estimation of your annual earnings. At the end of the year it may turn out that they withheld too much, and the government may give you a tax refund for what was overpaid. Continue reading...
IRS Link to Publication — Found Here This IRS guide gives taxpayers and businesses an idea of how to calculate the appropriate amount of withholding to do and how to continually estimate tax rate on an ongoing basis for an entire year. It is about 60 pages long and touches on many issues related to tax withholding. Tax withholding applies to payroll needs, self-employed reporting, as well as some retirement planning applications, among other things. Continue reading...
IRS Link to Form — Found Here The Form 706 is required not only if there is a tax implication for an estate, but also to claim exclusions. Each person has an exclusion of 5.49 Million as of 2017. For married couples, that goes double, such that heirs to an estate under $11 million probably will not owe any estate taxes. A surviving spouse should still report the inherited portion of the deceased spouse’s estate up to the exclusion amount, otherwise the exclusion will be lost. There are also lines for the lifetime gift exclusion amount and the generation skipping transfer tax. Continue reading...
Income Tax Payable is an account on a company’s ledger where they reserve amounts that will be used to pay the tax liability in the current quarter or year. This account tends to be separate from payroll taxes and sales taxes. This account will typically be empty at the end of the fiscal year. Corporations must pay income taxes based on their gross income, and the funds to pay them are held in the Income Tax Payable account on their company ledger. Continue reading...
A consolidated tax return is a single filing that covers several subsidiary companies and their parent company. One of the advantages of doing so is that the capital gains of one can be offset by the capital losses of another. It can also allow a profit sharing plan for the parent corporation to use profits from the subsidiaries. Corporations with subsidiaries can file a consolidated tax return that covers all of the affiliated companies. Continue reading...
Income taxation in the United States is done by assigning different tax rates to each specific range of income. Generally the lower income amounts will correspond to lower percentage toward federal income tax than higher income amounts. This is called a progressive tax and is frequently misunderstood. Many people mistakenly think that if they “fall into” a specific tax bracket based on their income that they will owe that higher tax rate that corresponds to the bracket on all of their income. Continue reading...
Workers who earn income in foreign countries will frequently pay taxes on the income in the country in which the wages were earned. In such cases the worker may be eligible to take deductions for the amount of taxes paid so that their entire income is not subject to taxes again in their country of citizenship. Ex-patriot workers who earn income overseas are generally eligible for tax deductions, credits, or exclusions to account for the taxes that they have already paid on their income in the foreign country. Continue reading...
A lien is a legal filing through which a third party lays claim to certain assets, such as a person’s home, until an amount owed to them is paid. There are mechanic’s liens, judgment liens, and tax liens, any of which could be applied to a person’s home. A lien is a document serving as notice that a significant amount of money is owed to a third party and that certain assets of the debtor may be used to cover the obligation, becoming the property of the lien-holder if the debt is not paid in time. Continue reading...