San Diego Estate Planning Blog: Creating Legacies

From the Desk of San Diego Trust and Probate Attorney, Kristina Hess Haymes

I heard this story on the radio this morning about a man in Montana who was stuck in his car for three days!  His car got stranded in a snow storm.

Every hour he played 15 minutes of angry birds and ran his car’s heater to stay alive.

He also drafted a will!

You can read about his story here.

Don’t wait until your stranded in your car in a snow storm to put a will or living trust in place.

Make sure you legal house is in order today!

A friend died recently leaving two small children, and I’m reminded that no one is promised tomorrow.  We all think we will live until our old age, but there are no guarantees in life.

Notwithstanding the fact that I assist people in planning for their eventual death, we always hope it is eventual.

I am still shocked by news of those dying young, before we thought it was their time.

So, learn from the guy in his car in the mountains… stranded in a storm and get your legal affairs in order now.

Everyone needs a will,  a power of attorney, health care directive, living will, HIPAA authorization.

If you own your own home in San Diego or Southern California, then, you likely will need a living trust to avoid San Diego Probate Court.

Create your legacy today!

Kristina Hess Haymes

San Diego Probate and Trust Attorney

From the Desk of San Diego Trust and Probate Attorney, Kristina Hess Haymes

Last week I was writing about 2012 being the year to make big gifts… for some.

But maybe you are saying to yourself, that’s great, but I’m not in the multi-million dollar estate range and so the opportunity to gift millions this year and pay the gift tax as opposed to the estate tax doesn’t really help or inspire me.

But fear not, there is something even more valuable that you can gift each and every day and that my friends, is the gift of grace.

I’m not talking about grace of movement — you know those graceful people that seem to glide across the dance floor or across the playing field.

I’m talking about the grace of favor that may not be earned.

Giving someone something like forgiveness when they do not deserve it.

You can leave a legacy with money, but you know you can also live your life each day giving others the gift of your love, the gift of forgiveness — gifts of intangible value.

Gifts that create a life that will matter to those who are in your circle of influence.

Create your legacy today!

Kristina Hess Haymes

San Diego Trust and Probate Attorney

From the desk of San Diego Trust Attorney, Kristina R. Hess Haymes…

2012 is a good time to be generous!

We are in year 2 of the two-year estate tax “Band Aid” law passed on December 17, 2010 (the Tax Relief Unemployment Insurance Reauthorization, and Job Creation Act o f 2010).  The 2010 Act increased the Estate Tax Credit to $5 million.  Anyone who dies in 2011 or 2012 can pass $5 million to their loved ones tax free.

In addition, it increased the amount that you can gift or make a generation skipping transfer to the same high figure of $5 million.

That’s the good news.

The bad or uncertain news is that this law expires at the end of this year, or on December 31, 2012.

Thus, your window to take advantage of the $5 million gift credit is running out.

In many situations, it makes sense to give your loved ones money and/or assets during your lifetime as opposed to after you die.

The gift tax (typically 35%) is likely to be lower than an estate tax.

In addition, if you gift a partial interest, then, the value of the gift can be reduced because a partial interest is worth less than the whole.  In other words, a partial interest is subject to a valuation discount because a partial interest cannot easily be sold (it lacks marketability).  Or, if you transfer a non-voting interest in a LLC, there is a valuation discount for lack of control.

For wealthy people. the 2010 Act cannot be overlooked.  Each individual can use the $5 million gifting credit to gift up to $5 million during one’s lifetime.

John and Sally, for example, of La Jolla, California have an estate worth roughly $20 million.  Understanding that the estate tax credit is scheduled to go back down to $1 million on January 1, 2013, they decide to gift $5 million each to each of their two children into irrevocable trusts.  When John and Sally die, they will have no estate tax credit left, but chances are slim that the estate tax credit will remain as high as $5 million.  This is the highest level it has ever been in US history.

Some people may be reluctant to make such a large transfer, however, you can use a smaller amount and take advantage of this large estate, gift, tax year.

Other options include Charitable Trusts, and Grantor Retained Annuity Trusts (GRATS).

The important thing to keep in mind, is you have 3/4 of a year to get this done.

2012 is a good time to be generous.

Create Your Legacy Today!

Kristina Hess Haymes

DISCLAIMER, this blog is not intended to provide legal advice, but general information.  We do not have an attorney client relationship and you should seek the advice of counsel and tax counsel prior to making any gifts or executing any estate planning documents.