Conference Call: Year-End Boot Camp

There are a limited number of days left in 2017. McManus & Associates Founding Principal John O. McManus recently discussed imperatives before year-end for the firm’s clients, in light of significant current events, concerns, and considerations, and amidst a changing tax and economic environment. Listen to the call below, as well as review the list of topics that are covered. 

 

1.Tax Reform –  How will potential estate tax repeal impact you?

2. Estate Freezes – You have exhausted much of your lifetime gift exemption; how can a GRAT aid in shifting wealth in a tax-effective manner?

3. Low Interest Rates and the Market – How does the continued low-interest rate environment support the transfer of investments to the next generation?

4. Leveraging Existing Trusts – How can you deploy previously gifted assets to participate in other estate tax minimization strategies?

5. Family Limited Partnerships – What actions should you be taking in light of the new Partnership Audit rules?

6. Estate Tax – Can estate tax be eliminated if you have taken full advantage of all wealth transfer opportunities but still have a sizable net worth?

7. Asset Protection – Are you confident in your protections against exposure to personal and professional liability?

8. Life Insurance – How does premium financing of life insurance by a family member or bank shift wealth and minimize tax?

9. Planning with Basis – Can you take advantage of upstream gifting to an older family member to minimize capital gains tax?

10. Compliance – Are you certain that you have met the IRS requirements for reporting gifts that you have made in 2016 and prior to 2016?

Conference Call: 10 Precautions for Protecting the Benefits of Your Private Foundation

Interested in protecting your estate and maximizing the impact of your charitable giving? Then establishing a Private Foundation is worth your consideration.

A Private Foundation provides the ability to retain control over the administration and investment of assets that have been recognized as important for future grant-making. By making gifts from your Foundation to charities in increments over time, you can extend your influence over the ongoing use of your gifts.

While there are many advantages of Private Foundations, there are also often-overlooked pitfalls (see below), which McManus & Associates Founding Principal John O. McManus recently discussed with clients, as part of the firm’s educational focus series. To listen, click here:

 

1. Using care when compensating family members through the foundation
2. Beware the penalties for self dealing
3. How to address office sharing with family offices
4. Promptly addressing misuse of foundation funds or income
5. Why you should avoid legally binding pledges
6. How to protect the founder’s mission
7. When to seek legal advice
8. How to exercise expenditure responsibly
9. Identifying any benefits from joint investments or co-ownership
10. Using caution with ticketing and fundraising events.

For guidance on the creation or management of a Private Foundation, contact McManus & Associates at 908-898-0100.

The New York Times Highlights John O. McManus as Trusted Philanthropic Advisor

This week, The New York Times published the story, “Want to Help? Do Your Research Before You Donate,” which highlights John O. McManus as a trusted philanthropic advisor. As noted by the article, John recently challenged the firm’s foundation clients to think beyond the borders of their typical charitable intent and to consider a new initiative: the needs of those suffering in the most recent natural disasters. From the article:

Dr. Granowitz was on a business trip when the hurricane struck. He watched on television the images of devastation. The day he returned home, he got a call from John O. McManus, a lawyer who advises Dr. Granowitz on philanthropic giving through his family foundation.

“He said, ‘What are you doing about charity relief in Puerto Rico?’” said Dr. Granowitz, who is chief medical officer for a major pharmaceutical corporation. “I said, ‘Frankly, John, nothing yet.’ He said, ‘Well, get off the stick and do something!’”

This client worked with McManus & Associates to combine his own philanthropic mission with the immediate need of the people of Puerto Rico. In the story, The Times follows the charitable gift from its source to the distribution warehouse in San Juan.

Two key pieces:

  • In times of need, please think beyond your typical charitable beneficiaries. From The New York Times article:

Mr. McManus said the focus of his clients’ charitable giving includes organizations affiliated with the nursing profession and those that serve older people.

  • Take time to research these gift initiatives to ensure that your new charitable investments provide the “hoped for” yield. Also from the story:

Communicating directly with donors, showing the effect their dollars have had, is more than just a way to verify that the recipients have used the money. “We’ve found that people want to meet someone with the organization, and they want to hear the stories, the so-called ‘mission moments’ which give examples of their work,” Mr. McManus said.

McManus & Associates would love to help you think through your family foundation’s strategy, or if you are now ready to establish a family foundation, we are here to guide you through its creation.

Most importantly, if we can assist you to refine your own relief effort in the recently devastated areas of Houston, Puerto Rico, Northern California, Mexico City, or the tragedies in Las Vegas, New York City, or the First Baptist Church in Texas, please contact McManus & Associates at 908-898-0100; we’re happy to make the process easier.

7 Immediate Steps to Protect Your Information from Being Misused due to the Equifax Data Breach

If you are one of the 143 million American consumers whose names, Social Security numbers, birth dates, addresses, driver’s license numbers, credit card numbers and other personal identifying information was exposed in the data breach at Equifax, which stretched from mid-May through July of this year, here are seven immediate steps to stop the hackers from further victimizing you:

1.    Determine whether your information may have been exposed. Using a secure computer and an encrypted network connection, go to https://www.equifaxsecurity2017.com/potential-impact/ and enter your last name and the last six digits of your Social Security number. Doing so will reveal whether you are among those affected by the breach.

2.    Sign up for a year of free credit monitoring from TrustedID Premier, which will be offered by the above site after completing step one. All U.S. consumers – whether their information was obtained or not – can enroll. The deadline is November 21, 2017.

3.    Systematically review your existing bank, credit card and insurance accounts for fraudulent transactions. If any unrecognized charges appear, contact your bank, credit card company or insurance provider immediately to report the issue.

4.    Visit annualcreditreport.com to check your credit reports from Equifax, Experian, and TransUnion for free. If you see any accounts or activity that you don’t recognize, identify theft could be the culprit, and you should go to IdentityTheft.gov to learn more about what to do.

5.    Consider placing a security freeze or a credit freeze on your report, which locks down your credit. According to the Federal Trade Commission, this “lets you restrict access to your credit report, which in turn makes it more difficult for identity thieves to open new accounts in your name.” Note: Scammers can still make changes to your existing accounts, despite a security freeze.

6.    Alternatively, consider creating a fraud alert to flag creditors that you may be a victim of identity theft, and they should verify that anyone seeking credit in your name is really you. Creditors will still be able to get a copy of your credit report as long as they take steps to verify your identity. This may prevent a scammer from opening new accounts in your name, but this alert is not likely to stop abuse of your existing accounts.

7.    File your taxes as soon as possible to avoid tax identity theft, which is when someone uses your Social Security number to steal your tax refund or to get a job. Being proactive and filing first (before a fraudster) eliminates this vulnerability.

For additional guidance related to management of your wealth, visit www.mcmanuslegal.com or call 908-898-0100.

McManus Weighs in on Self-Directed IRAs for NerdWallet

Andrea Coombes, whose stories on retirement, investing, taxes and other topics have appeared in the Wall Street Journal, MarketWatch, San Francisco Chronicle and other outlets, recently wrote an article on an investing strategy for the bold-hearted. Her piece, “Self-Directed IRAs: An Option for Expert Investors,” sheds light on the benefits and risks of self-directed IRAs.

Coombes spoke with McManus & Associated Founding Principal John O. McManus for his take. From the story:

The two main reasons investors take on the risks of self-directed IRAs are higher expected returns and the opportunity for diversification.

“If you understand investments, particularly in certain segments, you can take advantage of higher yields and maybe less volatility,” says John O. McManus, who has invested in real estate and other assets through a self-directed IRA for about 15 years. McManus founded the estate-planning firm McManus & Associates in New York and New Providence, New Jersey.

His self-directed IRA also lets McManus invest in companies that aren’t publicly traded, which “a mutual fund will not allow you to do,” he says. But, he warns, “This is not a game for the unsophisticated.”

Head over to NerdWallet to learn more about the advantages and drawbacks of self-directed IRAs. For guidance on your overall wealth management strategy, contact McManus & Associates at 908-898-0100.

McManus & Associates Named Boutique Firm of the Year Finalist for Society of Trust and Estate Practitioners Awards

McManus & Associates, a top-rated estate planning law firm celebrating 25 years of success, today announced that it has been named a Boutique Firm of the Year Finalist by the international Society of Trust and Estate Practitioners (STEP) for the organization’s 2017/18 Private Client Awards. STEP is a prestigious, invitation-only worldwide organization of estate planners who advise international families on their global interests.

Conference Call: 10 Ways to Prevent Affluenza

Affluenza: “An Ounce of Prevention Is Better than a Pound of Cure”

According to American author Mignon McLaughlin, “There are a handful of people whom money won’t spoil….” Do you think your children are among them? From over 25 years working with wealthy families, we’ve learned that older generations must be intentional to guard against the development of affluenza in children of all ages. As with lottery winners and athletes who often squander significant sums of cash, children who see an influx of assets may mishandle what they have been given without proper preparation.

The term “affluenza”, also known as sudden wealth syndrome, is a portmanteau of the words “affluence” and “influenza.” It is typically characterized by a lack of motivation or a sense of entitlement among those who have inherited large amounts of money.

During a conference call with clients, McManus & Associates Founding Principal John O. McManus recently shared his thoughts on the 10 preventative measures against affluenza below.

LISTEN HERE for details: “10 Ways to Prevent Affluenza”

    1. Discipline Reality Check
    2. Better to Give than Receive
    3. Money Can’t Buy Happiness
    4. Patience Is a Virtue
    5. Knowledge Is Power
    6. No Substitute for Hard Work
    7. Word to the Wise
    8. Failing to Plan Is Planning to Fail
    9. Know when to Say No
    10. Preparation Is the Key to Success

McManus Helps Uncover HSA Pitfalls for MarketWatch Column

Andrea Coombes, Ways & Means columnist for MarketWatch, recently took on the task of identifying “hidden pitfalls” of Health Savings Accounts, which are medical savings accounts with tax advantages. For her piece, she spoke with John O. McManus to learn what happens to HSAs when the accountholder passes away.

The fourth item on Coombes’ list of 10 pitfalls:

Your entire HSA account becomes taxable when you die, unless you’ve named your spouse as beneficiary, in which case your account becomes your spouse’s HSA. So, from an estate planning perspective, what’s the best way to handle these accounts, assuming you’re older and have a hefty sum stashed? “Our view is postpone withdrawals from accounts that are compounding tax-free,” John O. McManus, founder of McManus & Associates, a trusts and estates law firm in New York and New Providence, N.J. Once you’re over 65, you can withdraw money without the 20% penalty faced by those under 65. (If you spend on non-medical costs, you’ll owe income tax, which is the same as withdrawing from a traditional IRA, but health accounts don’t have required minimum distributions, so you have more control.) Letting the money grow is valuable, McManus says, given that people are living into their 90s and nursing-home costs can run “$100,000 just for living quarters and medical assistance.” If you bequeath the account to a non-spouse beneficiary, he or she will owe income tax on its fair market value.

To read Coombes’ full column, “10 hidden pitfalls of health savings accounts,” click here. For guidance on utilization of investment and savings vehicles as part of your estate plan, give McManus & Associates a call at 908-898-0100.