Insure.com calls on McManus for advice on life insurance trusts for child beneficiaries

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Navigating the terrain with life insurance trusts for child beneficiaries can be difficult, particularly when dealing with a special needs trusts for children that will likely never be on their own. Insure.com recently called upon McManus & Associates Founding Principal John O. McManus for guidance on trusts, “inherently complicated instruments” according to the story’s reporter Ed Leefeldt.

childThe article, straightforwardly titled “Life insurance trusts for child beneficiaries,” explains that life insurance companies often won’t pay the death benefit of a life insurance policy to a minor until he or she turns 18 unless a trustee or guardian has been named. Additionally, children may even face “estate taxes after a death, while the assets could be tied up in probate court” – trusts, however, ensure that life insurance money is “distributed according to your wishes, without delay.”

Trusts are also a useful tool for another reason. According to McManus:

A trust can also “protect children from themselves,” says John McManus, founder of an estate-planning law firm based in New York City. “If, at 18, a child gets it all, that could be a massively destructive injection of money,” he warns. Instead, the money can be earmarked for health, education or — with the help of a trustee — a lifetime trust.

The article suggests a revocable trust for those of average wealth, “which can be changed and/or revoked if necessary.” Of note: Sometimes you can simply write the name of the trustee on the beneficiary line of your life insurance policy, but always check with your life insurance company to make sure. For the wealthy, an irrevocable trust may be the best choice.

From the article:

This type of trust takes a bunch of assets, often including a life insurance policy, and “tosses them over the compound wall,” says attorney McManus. In effect, you create a separate corporation to manage them.

As explained by Leefeldt, an irrevocable trust needs a lawyer’s support; assets put in this trust can’t be taken out, regardless of how much one’s situation changes.

To learn how you can allow for changes in status when you create the original trust document (e.g., more kids, divorce, or a special needs child), check out the article in full. And to get help with the ins and outs of life insurance trusts for children and other loved ones, call 908-898-0100 to talk to the McManus & Associates team. Answers are a phone call away.

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“Wills, Trusts, and Estates Prof Blog” Highlights Latest Advice from McManus & Associates

Gerry W. Beyer

Gerry W. Beyer

Gerry Beyer, Professor of Law at Texas Tech Univ. School of Law, recently shared on his blog financial tactics and maintenance items related to estate planning to apply before 2014. “Wills, Trusts, and Estates Prof Blog” is a member of the Law Professor Blogs Network sponsored by Wolters Kluwer, and the list of tactics and maintenance items originally came from McManus & Associates. Here are the 10 estate planning questions to ask yourself before 2013:

  1. Should I change my estate plan before laws change in 2014?Jigsawquestion
  2. Is your partnership validly maintained?
  3. If making gifts to loved ones, are you exceeding your exemption amount?
  4. Are you employing the most current estate planning strategies?
  5. Are you making the most of income tax deductions?
  6. Do the fiduciaries named in your estate planning documents still reflect your wishes?
  7. Are you using the best strategies when making year-end charitable gifts?
  8. Are your cash donations from an IRA to charity being properly made?
  9. Should you consider using a GRAT or a QPRT?
  10. How should you harvest capital gains and time long-term losses?

Don’t miss our next free educational conference call, which will be held this month! Contact us for details at 908-898-0100.

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MarketWatch Draws on Advice from McManus for “5 Estate-Plan Strategies for Boomers”

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Andrea Coombes, Ways and Means columnist for Dow Jones, last week published an interesting piece for MarketWatch sharing estate planning strategies for baby boomers. To bring readers closer to achieving their goal of putting together an estate plan, Coombes boils down advice, with the help of McManus & Associates Founding Principal John O. McManus, to offer “5 estate-plan strategies for boomers.”

Here are Coombes’ must-do estate-plan tasks:

1. Create a will or trust

2. Create a power of attorney

3. Create a health-care power of attorney and living will

4. Check the titling of your assets

5. Start with your family

In tackling the first tip “Create a will or trust”, a testamentary trust that goes into action when someone dies is given as an example to prevent unexpected consequences with regard to where your money ends up. Coombes draws from McManus’ comments to illustrate:

“The trust is actually built into the will,” said John McManus, founder of law firm McManus & Associates in New Providence, N.J.

He offered an example of what can happen without such a trust: “Say I die and leave my wife a couple of million bucks. Now it’s her in name. She then remarries, and then she dies two weeks later. Her new spouse will get one-third of those assets — even if we intended that money to go to our kids.”

The precise fraction promised to the surviving spouse will vary by state, but McManus said one-third is common.

Some boomers also may want to create a revocable living trust. There are a variety of reasons for considering such a trust.

Here’s one: If you have property or assets in more than one state — say, you live in New Jersey and own a condo in Florida — this document allows your estate to avoid the costly and time-consuming probate process in each state — with one document. A revocable living trust is portable. It will follow you across state lines, McManus said.

For the fifth tip “Start with your family”, Coombes turns again to McManus, who points out that estate planning isn’t only about you. From the piece:

McManus said boomers’ first estate-planning task is to ensure their elderly parents’ estate-plan documents are in order, and their second task is to focus on the estate-plan documents of their adult and minor children.

Coombes goes on to shed light on a potential pitfall:

Here’s one example of what can go wrong: Often people intend to divide their estate equally among all of their children. Their will may state as much, but if one child is named on a joint account, say, to help with bill-paying, that account will pass to that one child “by operation of law,” McManus said.

“Even though the parents intended that it be divided equally, the assets in joint names with their one child will result in that child being disproportionately favored,” he said. In his experience, he said, adult children in that situation “almost never” square up with the other family members.

To avoid the problem, your parents could adjust the will such that larger portions of other assets are given to the siblings or, rather than making that child a joint account-holder, give him or her power of attorney over the account, McManus said.

To get the full story with more expert advice from McManus, click here. And to discuss what your must-do estate plan items are based on your unique circumstances, give us a call at 908-898-0100. We can help.

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Bloomberg Guest Article from McManus: “State Informed: Staying on Top of Estate and Gift Taxes To Ensure Wealth Transfer Plans Operate as Intended”

bloomberg article teaser - McManusBy John O. McManus

For decades, an array of ‘‘death taxes’’ has become
part of the cost of living and dying in the United
States. With demands to balance budgets, minimize
debt, and support public programs, states are exploring
strategies to create new revenue by expanding
the footprint of taxation. To foster an increased flow of
cash to their governments, even states with generally
conservative fiscal policies have recently taken steps
that may indicate a new trend in the taxation of wealth
transfers, both during their taxpayers’ lifetimes and after
their deaths.
Connecticut Takes the Lead
In 2005, Connecticut was the first state to impose a
state gift tax on lifetime gifts made to others. In the
years following the adoption of this statute, the gift tax
exemption (or the amount that a Connecticut resident
could gift during his or her lifetime without paying gift
tax) gradually increased and rose as high as $3.5 million.
However, beginning in 2011, Connecticut’s governor
signed into law a new budget that dramatically curtailed
the ability to make tax-free gifts by reducing the
state’s lifetime gift exemption to $2 million and taxing up to 12 percent on aggregate lifetime gifts exceeding
that amount.
Furthermore, effective as of July 1, 2013, in addition
to adopting rules subjecting certain non-residents to estate
taxation, Minnesota passed a law that established
its own state gift tax with a gifting exemption that is
limited to $1 million.
It is a significant concern that other cash-strapped
states may follow the lead of Connecticut and Minnesota.
Those states that do charge an estate or inheritance
tax experience diminishing returns when the
property and assets that their residents gift during their
lifetimes are not a part of the estate upon death. Furthermore,
many politicians view the imposition of a gift
tax as a safer revenue-generating innovation, because
most of their constituents would be unaffected by such
a levy.
More than ever, these developments highlight the existing
challenges, including estate tax, inheritance tax,
generation-skipping tax, and other traps, in transferring
an estate to loved ones, while also signaling the
alarm that, in the near future, it may become even more
difficult to make such a transfer in a tax-efficient manner.
New Gift Tax: Minnesota, a Case Study
Earlier this year, the Minnesota legislature passed a
bill that imposes a 10 percent state gift tax on lifetime
transfers of wealth exceeding $1 million, the state exclusion
amount.
The tax is applied to the value of all assets transferred
by a Minnesota resident (and, for a non-resident, gifted real property located in Minnesota), and the donor
would be required to pay the gift tax due. The Minnesota
Department of Revenue has yet to release the
Minnesota gift tax form, but timely filing of this document
will be necessary, together with the gift tax return
at the Federal level (Form 709).
Additionally, Minnesota has placed further constraints
on gifting by rendering all ‘‘deathbed gifts’’
made within three years prior to the donor’s passing
null and void. This would have the effect of clawing assets
gifted within that period of time back into the donor’s
estate and subjecting them to estate tax.
Finally, in this new law, the State of Minnesota
makes an effort to swell its tax base by requiring that
non-residents owning real property in Minnesota pay
estate tax on the value of such property after they pass
away. This tax even applies to real property owned in
a Limited Liability Company or Revocable Living Trust,
which would otherwise be common approaches to
avoiding this exposure.
Non-residents owning real property
in Minnesota pay estate tax.
Relatively speaking, knowing that Minnesota’s legislature
acted on the heels of Connecticut’s reduction in
its own gift exemption, it is not unreasonable to believe
that other states may follow suit in the coming months
and years. As such, it will be important to monitor similar
developments in the governments of other states to
determine whether the climate will ultimately become
less hospitable for gifting and more confiscatory in
terms of estate taxes. Those who reside in a state with
an estate tax on the books may also benefit from acting
sooner rather than later by making gifts and other
wealth transfers to take advantage of the lack of current
restrictions and limitations and before any new law is
implemented.
Death Taxes: New Jersey, a Case Study
Gift tax, state inheritance and estate tax, Federal estate
tax, and generation-skipping tax complete a group
commonly referred to as ‘‘death taxes.’’ To a lesser extent,
income tax is also considered when planning for a
transfer of wealth.
New Jersey and Maryland are the only two states
that maintain a dual, sometimes overlapping death tax
for residents and non-residents at the time of death. In
New Jersey, estate tax is imposed when gross estate assets
are greater than the exemption amount—currently
$675,000—and assets transfer to ‘‘Class A’’ beneficiaries,
which include parents, grandparents, spouses, civil
union partners, children, step-children, or more remote
descendants of the deceased. The New Jersey estate
tax, which is paid from estate assets before transfer to
estate beneficiaries, is a graduated tax with a rate as
high as 37 percent and as low as 4.8 percent. The rate is highest for the first $50,000 over the exemption amount
and generally averages 10 percent thereafter.
When assets having a cumulative value greater than
$25,000 pass to ‘‘Class C’’ beneficiaries, including siblings
and children-in-law, a New Jersey inheritance tax
is imposed. The ceiling plummets to $500 for all others,
known as ‘‘Class D’’ beneficiaries (for example,
nieces and nephews, cousins, or friends of the deceased
who receive assets after death). The New Jersey inheritance
tax, which is paid by each beneficiary who
falls in either of these classes, carries with it a rate that
ranges from 11 percent to 16 percent.
The interplay of these two New Jersey taxing regimes
can be illustrated by way of example using an estate
with gross assets of $ 1 million. Assume 90 percent
of the estate ($ 900,000) has been bequeathed to a Class
A beneficiary—decedent’s son, and 10 percent
($100,000) has been bequeathed to the decedent’s
brother, a Class C beneficiary. The inheritance tax is determined
first, and is imposed on the $100,000 bequeathed
to the Class C beneficiary, after subtracting
the $25,000 exemption amount. The remaining $75,000
is subject to an 11 percent inheritance tax of $8,250,
which is paid by the Class C beneficiary.
With gross assets of the estate equalling $1 million,
estate tax is imposed on that part of the $ 1 million estate
that exceeds the $675,000 exemption amount. The
exemption amount is in effect taken into account as
part of the allowable unified credit linked to the estate’s
federal estate tax return. The New Jersey estate tax imposed
on the remaining amount computes to $24,950,
after a dollar-for-dollar credit is given for the inheritance
tax. In this example, the estate tax accounts for
2.5 percent of the entire estate.
For New Jersey residents, all real property in state,
as well as tangible and intangible assets located in or
out of state, are included in the calculation of taxable
estate assets. Like in Minnesota, non-residents are
taxed on real property located in New Jersey, but with
the distinction that if such real property is owned by a
Limited Liability Company prior to death, it is recharacterized
as intangible personal property and tax is
avoided.
The nuance and variation in the taxation structure
also carries through to permissible exemptions and deductions.
For example, annuities and life insurance proceeds
with a designated beneficiary are not taxable for
inheritance tax purposes, but are included in the estate
for the purpose of calculating estate tax. Funeral expenses,
administration expenses, and debts of a decedent
may be used as deductions to reduce both estate
and inheritance tax, but real estate and property maintenance
costs may not be used as deductions in most instances. It is important to note that New Jersey estate tax is
due within nine months of the decedent’s date of death
and must be accompanied by a Federal Form 706 Estate
Tax Return (unless an alternate New Jersey form is submitted),
while inheritance tax is due within eight
months of the decedent’s date of death. For each structure
of taxation, a six-month extension to file the return
is available, but there is no extension with respect to the
payment of the tax, and penalties and interest are accrued
on any late or underpayment of taxes.
The decedent’s lifetime gifts also receive different
treatment for New Jersey estate and inheritance tax
purposes. The full amount of lifetime gifts made within
three years of death are considered in contemplation of
death and are pulled back into gross estate assets for
the purpose of calculating inheritance tax. Conversely,
all lifetime gifts are included on the estate tax return
submitted to New Jersey, no matter when they were
made and for whatever purpose.
The complex nature of death taxation in the Garden
State is exemplary of the estate planning difficulties
confronting taxpayers throughout the New York Metropolitan
area and elsewhere in the United States. New
York and Connecticut both impose estate taxes, and
they limit their estate tax exemptions to $1 million and
$2 million, respectively. Pennsylvania requires an inheritance
tax on assets received by any person other
than a spouse. Unfavorable statutes of this nature in the
tri-state area have very much contributed to the flight of
residents to the 30 states, such as Florida, that lack a
death tax regime.
The Importance of Domicile
Proving domicile in a state to which one has moved
is oftentimes a difficult process in and of itself, particularly
for those who wish to maintain a foothold in the
state from which they are transferring their residences.
Meticulous records must be kept to demonstrate that
the requisite number of days is spent in the new jurisdiction
to claim residency there. This is particularly vital
because New York, New Jersey, and Connecticut are
increasingly auditing the files of ‘‘snowbirds’’ who
change their residency. The argument is that those
people really never left by virtue of the fact that they
continue to spend a substantial amount of time in their
former home states. As such, there is a laundry list of
items that expatriates are advised to complete, such as
changing their voter registration, driver’s license, and
address of record to their new state; maintaining landline
telephone records, receipts, and other statements
that prove their physical location in their new state; and
purchasing and owning a home, rather than renting, in
their new state of domicile.
Probate and estate tax issues linger when taxpayers
continue to own property in their previous state of residency.
Moving to a new state will not necessarily completely
eradicate estate exposure from the previous
state if an individual continues to own real property
there. Additionally, direct ownership of real property in a state other than the state of domicile will necessitate
an ancillary probate proceeding in that jurisdiction.
Probate is one of the initial stages during the administration
of the estate, and going through probate in multiple
states dramatically increases the time, expense,
and frustration of this process. Typically, the best approach
to remedy these issues is to transfer the real
property to a Revocable Living Trust, which avoids probate
proceedings, or a Limited Liability Company,
which is treated as intangible personal property and,
therefore, avoids both probate and estate tax in the
state where the property is located.
With respect to other forms of intangible personal
property, such as securities or bank accounts, the general
rule established by case law is that these types of
assets follow the person and that—for the purposes of
estate taxation—the domicile of the owner has jurisdiction
via a provision with a fancy name: ‘‘Mobila sequunter
personam.’’ That said, it is also well-settled that
a state legislature may impose local tax on items of personal
property that are significantly distant from that of
the owner’s permanent residence. In rare cases when a
physical stock certificate is owned, the physical location
of the document determines the jurisdiction that governs
for tax purposes. Such securities can be owned by
a revocable living trust, and the situs of the trust will be
the tax regime that rules taxation of the portfolio. The consequences of failing to comprehensively prepare
for the threat of death taxes underscore the value
of consulting with expert advisors to ensure awareness
of prospective taxation and other post-mortem pitfalls,
and to ensure success in implementing strategies that
will importantly aid in reducing or eliminating these
problems.
Generation-Skipping Transfer (GST) Tax
While 20 states and the District of Columbia subject
residents to estate and inheritance taxes (and while
there is also a federal estate tax), GST tax at the Federal
level is an issue that gets much less attention because
its provisions are considered to be among the
most complicated in the Internal Revenue Code. GST
tax is generally levied on the value of property received
by descendants more than one generation down the line
(such as grandchildren), which exceed the GST tax exemption
(currently $5.25 million and rising to $5.34 million in 2014). For individuals and families who have undertaken
material estate planning with trusts in the past
(and for those who will do so in the future), this becomes
a thorny matter as a result of the automatic allocation
rules that went into effect in 2001 that apply to
any trust that is deemed to be a ‘‘skip trust’’.
For example, a popular estate planning technique is
an Irrevocable Life Insurance Trust (ILIT) to which a
life insurance policy is transferred in order to avoid estate
tax on the proceeds of the policy at death. Generally,
these types of trusts are appealing because no gifting
exemption is used and no filing with the IRS is required.
The risk, however, is that depending upon the
provisions of the ILIT, the IRS may classify it as a skip
trust, which would then create unintended consequences
that impact other aspects of the estate plan.
Any amounts contributed to the ILIT would automatically
exhaust a portion of the donor’s GST tax exemption
that the donor may have otherwise wanted to preserve
for future lifetime or death wealth transfers to
grandchildren and more remote descendants.
The result is that the unnecessary GST taxes, which
could have been minimized or eliminated entirely, may
be imposed at the time that the grandchildren inherit
their share. The best practice, therefore, is to file gift tax
returns whenever an ILIT or irrevocable trust is funded
in order to clarify whether the automatic allocation
rules apply depending on the structure, provisions, and
long-term planning goals for the trust.
The GST tax and the proper deployment of the GST
tax exemption are no longer issues that can be brushed
aside or ignored. In 2011 and 2012 following the dramatic
escalation of the federal lifetime gifting exemption,
the affluent made an unprecedented number of
gifts to irrevocable trusts – tens of thousands of individuals
and married couples made gifts ranging in value
from hundreds of thousands of dollars to $10 million,
with the expectation that such trusts would carry forward
through several generations. This significant issue
is not only relevant to gifts made into trusts in the past
two years, but it also warrants further examination of
any trust established after 2001 to best ensure that the
wealth transfer plan operates as intended.
Stay State Informed
Choosing where to live is about more than good food
and the weather. It can have a huge impact on the
money on hand today and the amount of wealth that
can be transferred to heirs tomorrow. Different states
have significantly different tax regimes, so moving
across the country or just across the state line could
also mean that one’s estate planning approach needs to
be revised. All in all, the best strategy for preserving the
greatest amount of assets is to stay informed.

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Time for Those in The Garden State and Beyond to Dust Off Their Estate Plans

For those who don’t manage to review their estate plans as often as they should, it’s time to break a bad habit: Revisions may be in order for many in New Jersey and beyond due to new tax laws.

Changes to both inheritance and estate tax will affect estate taxation. Here are a few items that should be examined now as they relate to your wealth transfer plan:

  • Earlier this year, the American Taxpayer Relief Act of 2012 (ATRA) became law. ATRA allows you to leave an unlimited amount of assets to your spouse. Children and other beneficiaries will be excluded if your will or trust says that your spouse will be provided up to the “maximum amount permitted by law.” Also, under the ATRA, you may give up to $5,250,000 in assets to a non-spouse, such as a child or your trust, without racking up estate tax liability.
  • The taxes of many couples in New Jersey and across the nation will be affected by the striking down of a key provision in the Defense of Marriage Act (DOMA). Same-sex couples are treated as married for all federal tax purposes, regardless of where they were legally married. Additionally, New Jersey recently gave same-sex marriage the green light. Couples who were married in another state but live in The Garden State, as well as those who are just now saying their vows, should alter their wills and trusts to capitalize on these legal changes.
  • The estate-tax exemption for 2014 will be $5.34 million for individuals, up from $5.25 million in 2013.

Give McManus & Associates a call at 908-898-0100. We can help you modify your estate plan to take full advantage of the new rules.

Flickr/storebukkebruse

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Trusts & Estates/WealthManagement.com Publishes Article by McManus

wealthmanagement

 

Trusts & Estates/WealthManagement.com this week published an article from McManus & Associates Founding Principal and top AV-rated Attorney John O. McManus. The piece, “Top 10 Considerations for Estate Planning with Life Insurance,” was also be blasted out in the publication’s e-newsletter on October 30th.

The contribution shares the following 10 questions for advisors to discuss with clients:

  •  If a life insurance policy is owned by a trust, what’s the ongoing maintenance required for the strategy to succeed most effectively?
  • What are Cristofani beneficiaries and how can they make a life insurance trust even more gift tax efficient?
  • How can insurance be used to facilitate a business succession plan?
  • Term, whole life, 2nd to die–from a layman’s standpoint, what are the unique benefits of each?
  • How can ownership and beneficiary designations for a life insurance policy affect the taxable assets of the estate?
  • How do non-citizens avoid qualified domestic trust (QDOT) requirements with a life insurance trust?
  • What are some strategies to avoid the three-year look-back period when existing insurance is transferred to a trust?
  • Annual exemption gifts can fund a life insurance trust gift tax-free, but what about generation-skipping transfer (GST) tax issues? How is the trust affected?
  • When the terms of an irrevocable trust don’t reflect the wishes of the parties, what options are available?
  • How can life insurance be used as a wealth replacement strategy with charitable giving?

To find out what advice John had for each of the above, check out his full article here.

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Motley Fool Turns to McManus to Answer, “Who Should Be Executor?”

Daily Finance

Michele Lerner, a contributing writer to The Motley Fool, this week turned to McManus & Associates Founding Principal John O. McManus to answer the question, “Who Should You Ask to Be Executor of Your Estate?” From the article:

“A common adage in the industry is to name your enemy as your executor as a means of revenge,” says John O. McManus, an estate attorney and founding principal of McManus & Associates in New York City. “It’s a thankless job. If you appoint someone you love as executor, get your house in order. Otherwise, appoint someone you do not.”

Lerner points out that many people choose their closest relatives, but “before you decide, think hard about what you’re asking this person to do.”

She goes on to share that she talked to McManus about “what it means to be an executor and how to go about choosing one.” Below are the questions for which she shares answers from McManus & Associates:

Q: What are the responsibilities of an executor?
Q: Do you need to have a financial or legal background?
Q: How much time does it take to be an executor?
Q: Should you have more than one executor or is it best to have only one?
Q: Is it best to ask someone before you name them in your will as executor?
Q: Can someone turn down the job of executor?
Q: Can you get compensated for the time you put in as an executor?
Q: Can you be sued as an executor?
Q: Is there anything an executor can do to reduce family fights over personal property?

To find all of our answers to Lerner’s questions, check out the Daily Finance article here.

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Conference Call: Top 10 Considerations for Estate Planning with Life Insurance

Whether as a wealth replacement strategy combined with philanthropic giving or as a safeguard to cover expenses and taxes, use of life insurance in your estate plan can provide significant protection to your loved ones. This useful planning tool has several unique benefits, which should be considered in every wealth transfer plan. John O. McManus, founding principal of McManus & Associates, recently held a conference call with clients to review the most important considerations when planning with Life Insurance.

LISTEN HERE: “Top 10 Considerations for Estate Planning with Life Insurance”

Find answers to the questions below and more by listening to the free recording.

1. If a life insurance policy is owned by a trust, what is the ongoing maintenance required for the strategy to succeed most effectively?
2. What are Cristofani beneficiaries and how can they make a life insurance trust even more gift tax efficient?
3. How can insurance be utilized to facilitate a business succession plan?
4. Term, whole life, 2nd to die, from a layman’s standpoint, what are the unique benefits of each?
5. How can ownership and beneficiary designations for a life insurance policy affect the taxable assets of the estate?
6. How do non-citizens avoid qualified domestic trust requirements with a life insurance trust?
7. What are some strategies to avoid the 3-year look back period when existing insurance is transferred to a trust?
8. Annual exemption gifts can fund a life insurance trust gift tax free, but what about generation skipping tax issues? How is the trust affected?
9. When the terms of an irrevocable trust do not reflect the wishes of the parties, what options are available?
10. How to use life insurance as a wealth replacement strategy with charitable giving.

McManus & Associates would be happy to discuss how these strategies apply to you and yours. Give us a call at (908) 898-0100.

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McManus & Associates Expertise Featured by Wills, Trusts, and Estates Prof Blog

Gerry W. Beyer

Gerry W. Beyer

Gerry Beyer, Professor of Law at Texas Tech Univ. School of Law, writes “Wills, Trusts, and Estates Prof Blog,” a member of the Law Professor Blogs Network sponsored by Wolters Kluwer. Beyer recently took a closer look at the most recent educational conference call held by McManus & Associates and posted a brief, titled “10 Most Important Considerations for Domestic Asset Protection Dynasty Trusts.”

From the post:

Jurisdictions have different laws when it comes to determining the jurisdiction of trusts and trust property. Founding Principal of McManus & Associates, John O. McManus, has shared his expertise by listing the ten most important considerations for deciding where to site your trust. Listed below are the considerations.

To read Beyer’s post and find a wealth of information on estate planning, head on over to Wills, Trusts, and Estates Prof Blog at http://lawprofessors.typepad.com/trusts_estates_prof/. 

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McManus in DailyFinance: “Stop Family Feuds Over Inheritances Before They Start”

Daily Finance

Michele Lerner, contributing writer for The Motley Fool, recently spoke with McManus & Associates Founding Principal John O. McManus to take a deeper dive on a recent chapter of the firm’s educational series, “‘These are a few of my favorite things’ – Top 10 Considerations when Planning for Tangible Personal Property”.

She this week published a very interesting article based on the conversation that’s definitely worth the read. Lerner’s story, “Stop Family Feuds Over Inheritances Before They Start,” shares colorful examples, telling stats and “5 Tips to Prevent Family Fights Over Heirlooms” from McManus.

From the write-up:

“More than 50 percent of the lawsuits we see are about items that have a total asset value of less than 10 percent of someone’s estate,” says John O. McManus, an estate attorney and founding principal of McManus & Associates in New York City. “The toughest part about family fights over a piece of jewelry or a painting is that it isn’t about the value of the item, it’s about what it means to loved ones.”

McManus goes on to say:

“Fighting over personal property is the match to the tinderbox of emotions…Sometimes feuds start because of lingering resentments over who worked the hardest to take care of Mom or Dad when they were sick or even over who got the biggest scoop of mashed potatoes at Thanksgiving every year.”

To illustrate the all-too-common occurrence, Lerner shares several examples from John:

In one case, McManus says, a woman had her sister arrested for stealing less than $100 of clothing from their deceased mother’s apartment. In another case, brothers split in a lifelong feud over their father’s watch.

Lerner captures McManus’ key advice at the end of the article with “5 Tips to Prevent Family Fights Over Heirlooms”: Here’s what made the cut:

1. Make an inventory.

2. Share your list with family members.

3. Appraise your property.

4. Set up a jury system.

5. Write a personal property memo.

To get more details on each of these five tips, check out the full story here.

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