Yes, that’s August right around the corner. So here’s our July review of developments in elder law:
July Review of Planning & Taxes
The IRS is now allowing surviving spouses five years to elect “portability” instead of just two. Survivors can claim their deceased spouse’s unused estate tax exemption without fancy planning up to five years after the date of death. They just need to file a simplified estate tax return. The deadline is usually 9 months after date of death (but can be extended). To take advantage of more time, state at the top of the Form 706 that it is “filed pursuant to Rev. Proc. 2022-32 to elect portability under Sec. 2010(c)(5)(A).”
Speaking of widows and widowers, it’s a good idea to consult with an attorney if you’ve recently lost a spouse. Especially if you have complicated assets or your family is fighting.
In other IRS news, proposed regulations have landed providing advice on estate deductions of expenses and claims.
Most estate planning is downstream — wealth moves down generations. But sometimes moving assets to older generations has a benefit. With upstream estate planning, you can exploit the tax basis adjustment rules while you are still alive. You just need to give someone who will die before you do power over the asset. (What is basis and why should I care, you ask? Here’s a primer.) For downstream planning, trusts can be used to avoid generation skipping tax.
IRAs & SECURE Still Developing
The SECURE Act is still a topic of much discussion. As more people inherit accounts under the new rules, professionals should be aware of the rules. Here’s a step-by-step guide.
Our favorite IRA expert Natalie Choate weighs in on recent Secure Act regulations and their harsh effect on older beneficiaries. Her final thoughts: “Over 150 comments on the proposed regulations were submitted to the IRS by the May 25, 2022, deadline. Presumably, the IRS will make some adjustments to fix glitches noted in those comments, perhaps by including some changes to mitigate the harsh effects of its first edition.”
What happens when two people claim a decedent’s IRA proceeds? The financial institution holding the money can file an “interpleader.” They sit on the sidelines while the parties fight it out in court. Here’s an example with Schwab.
Aging & Care: Get Moving
A new study unpredictably finds that people 50-79 would prefer at-home care as they age. But a staggering 91% of respondents have not researched the care they might need. That may mean they don’t get what they wanted.
Another study unpredictably finds that normal aging leads to cognitive decline that can result in poor financial decisions. And dementia can make it worse.
In other dementia news, studies show that lifestyle changes (weight, exercise, smoking, blood pressure, hearing, and education) could prevent a lot of cases. In fact, lifestyle may be more important than age as a predictor of dementia. Says one researcher: “Start addressing any risk factors you have now, whether you’re 18 or 90, and you’ll support your brain health to help yourself age fearlessly.” Plus, thyroid troubles and fatty livers may be associated with higher risk. And ADHD drugs show promise as an Alzheimer’s treatment.
Law & Order
Can someone in prison receive an inheritance? Sure, but getting them them the money can be a challenge.
A woman died in jail, and her estate sued. The result: a $27 million judgment. Officials failed to provide adequate medical attention.
July Review of Celeb Estates
Aretha Franklin. Her estate finally settled with the IRS over $7.8 million in unpaid income taxes. Now administrators can get on with figuring out who stands to inherit. A trial over several different wills was delayed due to Covid.
Michael Jackson. In a strange development, his estate removed three songs from streaming services. Apparently, it’s unclear whether it’s Michael singing. There’s litigation accusing the estate of consumer deception that might be related. Regardless, the estate is not hurting for resources; it reportedly $2 billion since the King of Pop’s death.
Cliff Burton. The Metallica bassist’s estate is launching a special branded beer. Proceeds will go to a foundation benefitting young musicians. What’s the brew like? The brewer reports: “Cliff ‘Em All IPA is made in a classic NorCal style: hoppy, bold, and crushable. Capturing the best of a classic West Coast beer, and made with simcoe and citra hops, this IPA pairs well with all forms of incredible music.”
That’s it for the July review.