September Review: Estate Tax Changes Around the Corner?
October is around the corner, which means it’s time for the September review of elder law news and developments. Of utmost concern: Potential changes to the estate tax. We’ll devote most of our review to the current proposal, even though it’s very far from a done deal. Those who might be affected should think about […]
CARES Act Payment Doesn’t Affect Benefits or Taxes
This week we heard from a client about his brother’s CARES Act payment: “My brother Dave, who receives SSI and is on AHCCCS, just got his CARES Act check for $1200. Actually, I got it, since I am his representative payee. I am very worried that he might lose his long-term medical care benefits under […]
Supreme Court Overrules Taxation of Trust
Last month the United States Supreme Court ruled (unanimously) that North Carolina’s approach to taxation of trusts was impermissible. If it was a 9-0 decision, though, the obvious questions are: Whoever thought North Carolina’s approach to taxation of trusts would be acceptable in the first place? and What difference will this decision actually make for […]
Wins for Assisted Suicide and at Least One Taxpayer
Here’s our round up of the past month’s developments in estate planning and elder law. We touch on elder law issues from assisted suicide to income taxation of trusts and beyond. See an item that might be of interest? Let us know what you think. Another State OKs Assisted Suicide Maine became the latest state […]
What Did the Income Tax Cut Mean for Estates?
At Fleming & Curti, PLC, we frequently act as fiduciary. That means we handle money held in trusts, conservatorships and individual names. It also means we file tax returns — lots of them. We have just completed (mostly) the 2018 tax filings, and we have some insights into how the 2017 Tax Cut and Jobs […]
What Is a “Qualified Disability Expense”?
In 2014, Congress adopted the Achieving a Better Life Experience Act (better known as ABLE). That new law formally introduced the concept of a “qualified disability expense”. But what kind of expenditure is a qualified disability expense? And does the term mean anything outside of ABLE? Definition of qualified disability expense The ABLE Act itself […]
We Are Creeping Up On a Quarter Century Here
JANUARY 4, 2016 VOLUME 23 NUMBER 1 Note the “Volume” number above. Is it even possible that we’ve been doing this for 23 years? In that time, a number of topics have been perennially popular. We see a lot of internet traffic, and get a lot of questions or comments, when we write about: EINs […]
Things to Consider When You’re Named as Successor Trustee
NOVEMBER 2, 2015 VOLUME 22 NUMBER 40 When a family member dies, you will need to address a number of items. One that might come up: handling the revocable living trust they created. If you are named as successor trustee you will have a number of obligations you need to discharge. You might need help […]
Why You Aren’t Really Limited to $14,000 in Gifts Each Year
APRIL 27, 2015 VOLUME 22 NUMBER 16 There is so much misinformation (and misunderstanding) around gift taxes, that we thought we would take a few moments and try to straighten out the confusion. Let’s start at the end: if you live in Arizona, and are not fabulously wealthy, you probably don’t actually care very much […]
Income Taxation of Trusts — Not Just Special Needs Trusts
APRIL 6, 2015 VOLUME 22 NUMBER 13 We have previously explained the income taxation of self-settled special needs trusts and third-party special needs trusts. We focused on special needs trusts because, well, that’s what we do — and also because there seems to be so much confusion about special needs trusts. But that is not […]
Income Taxation of the Third-Party Special Needs Trust
MARCH 23, 2015 VOLUME 22 NUMBER 12 Last week we wrote about how to handle income tax returns for self-settled special needs trusts. Our simple message: such trusts will always be “grantor trusts”, an income tax term that means they do not pay a separate tax or even file a separate return. This week we’re […]
Income Taxation of the Self-Settled Special Needs Trust
MARCH 16, 2015 VOLUME 22 NUMBER 11 This time of year, we are often asked about income tax issues — especially when a trust is involved. It may take us several newsletters, but let’s see if we can’t demystify the income taxation of trusts. We will start with the type of trust we most often […]
