Tag Archives: state inheritance rules

Don’t bury your head in the sand!

So you donbury head in the sand’t think you need a will?

Don’t bury your head in the sand like more than half of all Americans.  That’s the percentage of people who don’t have a will…and probably don’t think they need one.

Maybe you think you don’t have enough assets to make it worthwhile.  Perhaps you think your spouse will automatically get everything.  Or you know your children will do what’s right so you don’t have to worry about it.

Do you know who actually decides who gets what when you die if you don’t have a will?  It’s the government!  Yes, every state has laws that determine who will inherit your things if you die intestate (without a will).  Your spouse and children will have no choice and will not be part of the process.  In some states, it’s simple.  Your spouse gets everything.  In others, your spouse splits the estate with your children.  If you aren’t married or don’t have children, your parents or siblings may be the ones who get it all.  You may not want your siblings to get anything or, perhaps, you don’t want your parents to inherit.  Maybe you’d prefer that the bulk of your estate goes to charity.  Whatever your wishes, without a will, they won’t be carried out.

It’s very easy to draw up a simple will.  There are many templates on the web or forms you can fill out for less than $100.  If you have a complex estate and need to sit down with an attorney, it will cost more.  However, for less than $100, you have no excuse.

Get a will drawn up today.  Don’t let the government make the decision for you.  You decide who inherits what when you die.

For more information about wills, go to diesmart.com.

The Federal Estate Tax

Pay attention to the House of Representatives this week! It appears our government is getting ready to decide how to change the current federal estate tax laws over the next couple of weeks.

Will the House of Representatives recommend the 2009 $3.5 million federal estate tax exemption allowance become the permanent allowance starting in the year 2010? Or, will something different be recommended?

If the existing $3.5 million exemption becomes a permanent estate tax allowance, a married couple could use an A/B trust and pass $7.5 million to their heirs free of federal estate tax. Very few estates would be subject to any federal estate tax.

It may become more important to watch what the estate tax laws are in a particular state..and figure out what state not to die in. As the amount of the federal estate exemption allowance has grown from $1 million to $3.5 million over the last several years, some states have not have changed their inheritance or state estate tax laws. For some, the choice of residence may impact the amount of estate taxes due when someone dies.

A recent New York Times article listed 12 states that have some type of estate tax/inheritance tax. http://online.wsj.com/article/SB125694593227919879.html

I know someone who experienced the costly impact of New Jersey state inheritance tax laws. I’ve heard her say time and time again…”DON’T HAVE YOU PARENTS DIE IN NEW JERSEY!!!”

Stay tuned. We’ll be watching what is happening in Congress.. and keep you up to date on the latest developments.