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Estate Tax

Asset Protection And Retirement Accounts

Asset Protection and Retirement Accounts

Divorce is detrimental in a number of emotional and financial ways and court cases continue to add to the list. The key question in a recent case was whether a person’s interest in his ex-spouse’s retirement accounts (e.g., through Qualified Domestic Relations Orders or QDROs) are protected as “retirement funds” under the federal bankruptcy code. This court again decided they are not protected. One message is that even though ERISA plans can provide certain bankruptcy protection for “participants” of retirement plans, this is not necessarily extended to alternate payees, such as beneficiaries who inherit them or ex-spouses. Planning Point: In […]

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Passing More Wealth To Grandchildren

Pass Along Wealth To Grandchildren

Want to pass more wealth to grandchildren?  An idea to consider while exemption amounts are high for estate tax and Generation Skipping Transfer (GST) tax is to protect old trusts from the application of the GST tax that can take a big portion of a trust’s assets before they pass to a skip person, like a grandchild.  A common example of such a trust is an Irrevocable Life Insurance Trust (ILIT) that was set up when exemption amounts were lower.  Since the exemption amounts were not as generous, the advisors may not have recommended using “precious” exemption amounts to protect […]

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