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McBrayer Blogs

Showing 15 posts in Estate Planning.

Put Portability in Your Plan – Changing Gift Tax Exemption Regulations for Spouses

Posted In Estate Administration, Estate Planning, Taxation

Personal estate plans that reflect yours and your loved ones’ needs can help ease financial burdens for them in the future. New guidance from the IRS takes both yours and your spouse’s estate tax exemptions into consideration, allowing for the option to elect “portability” of your exemptions in certain cases. This opportunity can help to alleviate financial stress for those who have unfortunately lost a spouse, but its implementation is time sensitive, so it’s important to know how and when to act. More >

Give Now, Save Later – Capturing Current Estate and Gift Tax Exemptions

Posted In Estate Planning, Taxation, Wills and Trusts

Many people think of an estate plan as a way for their assets to be distributed in the future, after their deaths. However, in some situations, it may be more advantageous to make at least some of those planned gifts now—and help your loved ones avoid some of the financial burden of estate taxes. Especially for individuals with high net worth, taxes could become much greater when the currently increased lifetime exemption amount “sunsets” on January 1, 2026. More >

Revocable Trusts—Are They Right for You?

Posted In Estate Planning, Trusts, Wills and Trusts

When it comes to planning for your financial legacy, concepts and strategies tend to be complicated and often overwhelming, so it’s only natural that people look for simple solutions to their not-so-simple problems. Revocable, or “living”, trusts are often touted as a cure-all for estate planning ailments, but no estate planning strategy is “one size fits all,” so it’s best to look carefully at your particular situation and make sure a revocable trust is really the best choice for your estate plan. More >

Divorced? It’s Time to Update Your Estate Plan

Posted In Divorce, Estate Planning, Family Law, Wills and Trusts

Most people create their estate plans while they are married—leaving all of their assets to the surviving spouse and putting the surviving spouse in charge of their affairs upon death or incapacity. However, if you’ve recently gotten divorced and haven’t touched your estate plan since, an update is long overdue. More >

Your Estate Plan Needs a Back-Up Plan

Posted In Estate Planning, Wills and Trusts

Because few people want to think about the circumstances where their estate plan would come into play, even fewer think about the consequences if their estate plan may not be able to be carried out as they wished. This most frequently occurs in the event that designated individuals are unable to perform the duties allotted to them. Here are a few of the roles for which you should designate a back-up in your estate plan—and what could happen if you don’t. More >

Why You Should Create a Living Will and Power of Attorney for Your Eighteen-Year-Old

Posted In Estate Planning, Wills and Trusts

By the time their child turns eighteen, parents are well-accustomed to being able to advocate for their child in a number of ways and access information that helps them care for their child. However, once their child has reached the age of legal majority, parents must be granted permission by their child to access information such as medical records and bank accounts and can no longer speak or sign for their child in a legal capacity. In the event of an emergency, this can cause some serious complications for parents and children alike. More >

When Virtual is Valuable: Planning for Your Digital Assets

Posted In Estate Administration, Estate Planning

Even in our technology-centric world, people’s estate plans often only account for “traditional” assets, like a car, checking account, house, etc., for example. More and more, however, an individual owns digital assets as well. With this in mind, a reasonable person would then ask: how do you build a strategy for your legacy that ensures your “virtual”—but still very real—assets are also protected? More >

Don’t Delay—Proposed Changes to Estate Tax Law Aim to Eliminate Step-Up in Basis

Posted In Estate Planning, Taxation, Wills and Trusts

If you’ve been waiting for the “right time” to start planning your estate, don’t wait any longer—the right time may be in the rearview before you know it. With a new administration in the White House, tax reform is on the agenda in Washington, and the proposed changes would have a major effect on many estates, especially for high-net-worth individuals. More >

An Estate Planning Tool You Can Trust: Spousal Lifetime Access Trusts (SLATs)

Posted In Estate Planning, Taxation

With estate and gift tax exemptions at a historical, all-time high (over $11.5 million per person), it’s the perfect opportunity for married couples to take advantage of a unique estate planning tool: the Spousal Lifetime Access Trust, or SLAT.  Before the current exemption is cut in half on January 1, 2026, we recommend that spouses explore the benefits of establishing a SLAT – not just for the benefit of one another, but for children and grandchildren – in order to reap the most from current tax protections. More >

A Nonprofit Organization is Not Necessarily a "Charitable" Organization

Posted In Estate Planning, Nonprofit

Very often when speaking of corporations established for laudable purposes people incorrectly equate the word “nonprofit” with “charitable.” While this may be a distinction without a difference in casual discussions, when it comes to a federal tax return, the two are not synonymous. This misperception during the initial stages of planning and establishment of a nonprofit corporation can result in a costly mistake by organizers hoping to fund their activities with donations. More >

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