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Avoid Capital Gains Tax by Rethinking the Credit Shelter Trust
Estate planning attorneys have traditionally employed a number of strategies designed to minimize or eliminate estate tax liability for their clients. While many of these strategies increased capital gains tax liability by forfeiting a basis step-up, with federal estate tax rates of up to 40%, capital gains tax was the preferable tax to pay. Changes…
Estate Planning and Elder Law: Tax Planning in 2018
On December 22, 2017, the President signed into law the Tax Cuts and Jobs Act. The changes to the Internal Revenue Code impact virtually every individual and business and are generally effective in 2018. Estate and Gift Tax The federal gift, estate, and generation-skipping tax credits will shelter gifts and estates up to $11.2 million…
Medicaid Estate Recovery: Will the State Take my House?
There is a lot of misinformation and confusion surrounding estate recovery and the Maine Medicaid (MaineCare) long-term care benefit. One of the biggest fears we hear from aging Mainers is, “I don’t want the State to take my house.” That only happens in the context of a process called estate recovery. Estate recovery can only…
Change in Maine Law Regarding Liability of an Agent Serving Under a Financial Power of Attorney
In a financial power of attorney, one person (the principal) gives another person (the agent) the authority to manage the principal’s property and to make financial decisions for the principal. A financial power of attorney (FPOA) is a very powerful document. An expansive FPOA may give the agent authority that is as broad as or…
Avoid Capital Gains Tax by Rethinking the Credit Shelter Trust
Estate planning attorneys have traditionally employed a number of strategies designed to minimize or eliminate estate tax liability for their clients. While many of these strategies increased capital gains tax liability by forfeiting a basis step-up, with federal estate tax rates of up to 40%, capital gains tax was the preferable tax to pay. Changes…
Estate Planning and Elder Law: Tax Planning in 2018
On December 22, 2017, the President signed into law the Tax Cuts and Jobs Act. The changes to the Internal Revenue Code impact virtually every individual and business and are generally effective in 2018. Estate and Gift Tax The federal gift, estate, and generation-skipping tax credits will shelter gifts and estates up to $11.2 million…
Medicaid Estate Recovery: Will the State Take my House?
There is a lot of misinformation and confusion surrounding estate recovery and the Maine Medicaid (MaineCare) long-term care benefit. One of the biggest fears we hear from aging Mainers is, “I don’t want the State to take my house.” That only happens in the context of a process called estate recovery. Estate recovery can only…
Change in Maine Law Regarding Liability of an Agent Serving Under a Financial Power of Attorney
In a financial power of attorney, one person (the principal) gives another person (the agent) the authority to manage the principal’s property and to make financial decisions for the principal. A financial power of attorney (FPOA) is a very powerful document. An expansive FPOA may give the agent authority that is as broad as or…
Avoid Capital Gains Tax by Rethinking the Credit Shelter Trust
Estate planning attorneys have traditionally employed a number of strategies designed to minimize or eliminate estate tax liability for their clients. While many of these strategies increased capital gains tax liability by forfeiting a basis step-up, with federal estate tax rates of up to 40%, capital gains tax was the preferable tax to pay. Changes…
Estate Planning and Elder Law: Tax Planning in 2018
On December 22, 2017, the President signed into law the Tax Cuts and Jobs Act. The changes to the Internal Revenue Code impact virtually every individual and business and are generally effective in 2018. Estate and Gift Tax The federal gift, estate, and generation-skipping tax credits will shelter gifts and estates up to $11.2 million…
Medicaid Estate Recovery: Will the State Take my House?
There is a lot of misinformation and confusion surrounding estate recovery and the Maine Medicaid (MaineCare) long-term care benefit. One of the biggest fears we hear from aging Mainers is, “I don’t want the State to take my house.” That only happens in the context of a process called estate recovery. Estate recovery can only…
Change in Maine Law Regarding Liability of an Agent Serving Under a Financial Power of Attorney
In a financial power of attorney, one person (the principal) gives another person (the agent) the authority to manage the principal’s property and to make financial decisions for the principal. A financial power of attorney (FPOA) is a very powerful document. An expansive FPOA may give the agent authority that is as broad as or…