While your child with special needs is under eighteen, there is no question that you, the parent, are the decision maker. Upon attaining the age of eighteen, your child becomes an adult in the eyes of the law and is presumed to be able to handle their own affairs. This presents a problem for parents of children with special needs. Once your child attains eighteen, you are no longer legally eligible to make decisions for your now adult child. Continue reading What happens when your child with special needs turns 18?
Finally we have something to look at in the movement toward tax reform. At the end of this post there are two links (1) a 90 page “summary” of the tax reform bill and (2) the tax reform bill known as the Tax Cut and Jobs Act.
On a quick perusal of the 425 page bill, the thrust of the bill is as follows:
- Increase standard deduction
- Fewer income tax brackets
- Many deductions eliminated (the charitable and mortgage interest deductions are essentially intact)
- Reduced corporate tax rate to 20%
- Reduced non-corporate business tax rate to 25%
- Elimination of the Alternative Minimum Tax
- Estate and Gift Tax exemption increased to $10,000,000 per person
- Phase out of Estate and Generation Skipping Taxes to repeal after 2023
- Retention of step-up income tax basis upon death
Frankly, it’s just a plan for how your loved ones can keep watching Disney movies on your iTunes account if you died. Ok, maybe it’s more than that, but that’s the gist of it.
The most challenging estate administrations that I have had involved searching for accounts where the deceased had been chasing the (now non-existent) highest interest rate all over town. Consider how challenging locating assets can be if you didn’t even know where to start!
In the information age, assets and personal information are increasingly held online. Bank and credit card statements are delivered to your email. Video collections are purchased through iTunes, Google Play or Amazon Video. If you’re like me, the only photo albums you have are on iCloud. Continue reading What the heck is a digital estate plan?
If you are a in the US on an H-1B visa and have more than $60,000 in assets here, keep reading. The United States Federal Estate Tax applies to you. The tax will apply differently to you based on whether you intend to return to your home country or already consider the US home and you plan to stay. Either way, the tax is very likely more a significant issue than you realize. Planning is appropriate. Continue reading Estate Planning for H-1B Workers: Part 2 – The US Death Tax and you.
On May 9, the Tennessee House passed the Senate’s bill to add a new chapter to Title 61 of the Tennessee Code governing limited partnerships. The bill as has passed both houses can be read here: SB0438. It is now headed to Governor Haslam’s desk for his signature. Once signed by the Governor, the act will take effect January 1, 2018.
Last week, Governor Haslam signed several new bills into law. I previously blogged about a bill which updated a number of areas of Trust and Probate law here which has been signed by the Governor.
Three other bills have been signed by the Governor which update several other areas of probate law. Two of these change the amount from $10,000 to $15,000 that may be paid out without probate by a credit union and bank, respectively.
The third act updates accounting procedures in Tennessee probate estates. My reading of third act is to eliminate a court’s discretion to require an accounting if the Will waives it. Instead, a status report detailing issues to be completed before the estate can be closed will be due within fifteen months from the opening of the estate. I also read a new TCA 30-2-601(b)(2) to allow the personal representative to be able to close an estate without an accounting even if all receipts have not been received. In such event, the personal representative would give notice to the beneficiary who has failed to give a receipt. If the beneficiary no-shows at the hearing to close the estate (or appears, but does not participate), the “[f]ailure of a non-compliant distributee to appear and or participate in the hearing shall result in a final order closing the estate.” [emphasis added].
There are also new statutory forms for the receipt and waiver.
A copy of the bill as signed by the Governor can be viewed here: Pub. Ch. 0280.
It should be noted that this bill updating probate accounting procedures became law as soon as it was signed by the Governor last week (as opposed to July 1 when most new laws become effective).
Many people who are highly educated citizens of foreign nations come to work in the United States on a temporary basis on H-1B visas. The H-1B visa allows an individual from another country with at least a bachelor’s degree (or significant experience) to come to work here in the United States in a “specialty occupation.”
The question has come up as to the citizenship of a child born here while the parents are technically only present here temporarily for work. Continue reading Estate Planning for H-1B Workers: Part 1 – If my child is born here, is he a US Citizen?