Get Adobe Flash player

From the edge of the cliff

by mattspahn on January 4, 2013

I think it’s generally a bad idea to react in fear.  And, I don’t like legislation that results from congressionally-created crisis.  That being said, the so-called fiscal cliff has been navigated.  We have new tax laws.

There are changes to taxable rates for income and capital gains, yes.  My focus, of course, is on the death tax.  The bill that passed maintains the estate, gift and generation skipping transfer taxes at $5 million adjusted annually for inflation.  It moved the top rate from 35% to 40%.

That’s essentially where we were.  So, we have increases in rates but basically the same rules.  Do you fully understand the annual exclusion?  The lifetime exclusion?

If you’re not a client, I haven’t taught you about estate planning one on one.  Call for your class today.

 

photo credit: Rennett Stowe

{ 0 comments }

You need ICE

by mattspahn on November 27, 2012

Do you have ICE on your cell phone?  No?  Don’t know what I mean by ICE?  I don’t mean really cold water.  I mean In Case of Emergency!

If you are unconscious in your car or on your living room floor, first responders are trained to save your life and now, to find your cell phone and call your ICE person.  So they call your ICE number and tell the ICE person what’s going on and that they need the ICE person to tell them about you and what you would want them to do.

Shortly after things get a little more stable, the medical professionals will insist they need to see the medical power of attorney where you named the ICE person as your agent.  They’ll also insist they need a HIPAA Release so they can tell the ICE person what’s going on with you medically.  HIPAA is the federal law that makes all your health information incredibly private.  You want your agent to have your medical info when they’re making decisions for you!

My clients have Medical Powers of Attorney naming agents, primary and secondary and so forth, to make medical decisions for them when they cannot.  The documents contain HIPAA releases.

I direct my clients to email the Medical Power of Attorney (MPOA) to their agents.  Here’s where smart phones are so cool.  Previously, getting a copy of the MPOA to the doctor or hospital was very difficult.  No longer.  Because your medical agents have your document on their smart phones, when the medical professional insists they need it right away, your agent responds by requesting their email address and immediately, from their smart phone, email the document to the doc or hospital.

Please do not underestimate the importance of the above which derives its importance from the fact that when you need medical care in an emergency, you need it fast and sure.  The complicated choices that follow your stabilization medically, that you can’t make because you’re still out of it, need to made by those you trust and the medical folks need to know who that is and have the document that proves it.

This stuff can save your life and also help ensure its quality. Have a modern MPOA and ICE and make sure your agents have the MPOA available to email from their smart phones.  Call us if you need help updating your documents, and send us your friends who are in need of the same.

 

photo credit: stevendepolo

{ 1 comment }

“Super Will” to the rescue!

April 5, 2012

I’ve been asked by some financial professionals why property would need to be styled in some way other than just in an individual’s name.   There are a couple of reasons.  Perhaps not all apply to you, but consider the following. You have a will.  That’s nice.  Wills transfer property after people die but wills must [...]

Read the full article →

Spahn Law Firm Gifts Combat-wounded Veteran and Family

January 24, 2012

1/23/12 San Antonio, Texas: The Spahn Law Firm of San Antonio is honored to recognize the sacrifices of native Texan Army veteran SSgt. Shilo Harris and his family. Harris was a combat Army Cavalry veteran on his second deployment, attached to the 10th Mountain Division, I-89th Cavalry in Iraq in 2007. Severely wounded when the [...]

Read the full article →

A Real Christmas Tree

December 15, 2011

It’s that time of year again:  time to put up the Christmas tree.  We recently did that at the office.  We went out and picked up a pre-lit artificial tree.  As I stared at the box and contemplated assembling it (while everyone else at the office did the “real” work), I had mixed feelings.  The [...]

Read the full article →

“What’s up, Doc?”

August 4, 2011

Often after presentations, attendees exclaim to me their surprise at my passion for the subject of estate planning. They say, “Wow, Matt. You really love talking about wills and trusts and powers of attorney!” Yeah, I do. I love talking about it and doing it. My clients and I share a really good feeling after [...]

Read the full article →

We Don’t Need No Stinking Bypass Trusts Anymore. Do We? (Part Two)

April 4, 2011

To preserve your estate tax lifetime exclusion, your good attorney put in your will (or your living revocable trust) a bypass trust.  Might have called it credit shelter trust, might have called it the family trust, regardless, if drafted right, it followed the internal revenue code and could receive your lifetime exclusion upon your death.  [...]

Read the full article →

We Don’t Need No Stinking Bypass Trusts Anymore. Do We?

March 30, 2011

Doesn’t the title to this blog just flow from your lips?  So, when a spouse wants to make a gift to their spouse while they are both alive, there’s really been no limits because the transfer tax laws say there’s none.  Same thing when the first spouse dies and gives the estate to the surviving [...]

Read the full article →

The Heart of a Teacher

February 15, 2011

I’m teaching estate planning at St. Mary’s Law School and I have the best students.  Most are in their last semester, and although ready to graduate and receive that doctorate degree in jurisprudence, they are worried about that bar exam.  The hundreds of thousands of dollars the degree costs won’t allow them to practice law. [...]

Read the full article →

Our New Taxes

February 9, 2011

So we all heard that there was no estate tax in 2010, but did you know that there were no step-up in basis rules?  You see, in the years prior to 2010, when someone died and their will gave you their house, you usually got what is often called a step-up in basis.  Your basis [...]

Read the full article →