How Are Taxes Handled with Trusts Will My Beneficiaries Owe Taxes When They Inherit?
Video Summary
How are taxes handled with trust? Will my beneficiary owe taxes when they inherit? First, you need to determine whether you have sufficient assets to be taxed by the federal government. The State of Florida has done away with their estate tax law or estate tax. The federal government has raised the estate tax exemption to a little under $14 million. So if you have assets of less than $14 million, there is no tax federal estate tax. If you have real estate outside the state of Florida, that state may tax your estate upon your death as far as the benefits under your beneficiaries receive the dated death value of your assets, so it limits their tax liability. An example of that is if I purchased a piece of real estate for $200,000 during my lifetime, say in 2000, and then I die in 2025 and the property is worth twice that much or $400,000, well, if my beneficiary sell the property for $400,000, there’s no tax since their basis or step up in basis is $400,000. If they sell it for more than what the date of death value is, they only must pay long-term capital gains. So that’s a huge income tax benefit for inheriting property rather than receiving it during the party’s lifetime. So, if you have any questions, give me a call at (727) 847-2288.
Do I Need a Separate Will for Digital Assets Like Social Media Accounts, Crypto Wallets, Or Online Businesses?
Video Summary
Do I need a separate Will for digital assets like social media accounts, crypto wallets, or online businesses? No, you do not. The Florida statutes provide for language to be used in Wills, which deals with digital assets. This was negotiated with the large Google and other digital asset platforms, and so you put this language in the Will that gives your executive the right to access these accounts and deal with them. Now, the exception is cryptocurrency, which number one is, that’s sort of like cash. There is no one to deal with, and so if you don’t have the wallet, you don’t have access. So, whoever does have the wallet, may have access to the cryptocurrency and so it does not work as far as that’s concerned with your will. And so, you would need to provide, make provision for your wallet number to be available upon your death to your executor. Otherwise, it may be lost forever. If you have any questions, give me a call at (727) 847-2288.
What Estate Planning Steps Should I Take If I Own Multiple Properties or Out of State Property?
Video Summary
What estate planning steps should I take if I own multiple properties or out of state property? Well, assuming the purpose of your estate planning is to try and avoid probate, you can set up a Trust and convey the property to your trustee, and then it will be controlled by the provisions of your Trust. Another way that we’ve done it, if you just have Florida property and you want the property go to certain beneficiaries outright, you can execute what they call a lady bird deed, which is an enhanced life estate deed, or you convey the property to the beneficiary, but reserve all the rights of ownership during your lifetime so that you can sell it and don’t need the joiner of the person who you conveyed it to. So those are some of the ways or the way you can do that if you convey the property to the trustee of your Trust for out-of-state property. Well, your trust should control the sale of that, so there is certain provisions you’d like. I suggest you put in deeds, particularly if you transfer it into a Trust, particularly as far as your homestead is concerned, so that you can continue to get homestead exemption and also certain powers that you put in there so that you don’t have to disclose or publish portions of your Trust which authorize you as trustee to sell the property. If you have any questions, give me a call at (727) 847-2288.
- Published in Estate Planning, Videos
Can I Include Instructions for Personal Items Like Jewelry and Heirlooms Separately from the Will?
Video Summary
Can I include instructions for personal property like Jewelry, Heirloom separately from the Will? The answer is yes. Not only do you have it separately, but you also incorporate that list in your Will by referencing a tangible personal property list and saying that you’re dispersing or distributing these personal items that need to be signed and dated. And so, you reference that in the Will, which has the binding effect on the personal representative and designates the beneficiaries of these individuals. Now that list must be tangible, personal property. It cannot be money, stocks, bonds, intangibles, so it can be automobiles, heirlooms, jewelry, or whatever you designate the person you want to receive it. And the items, you don’t need to say, I leave my ring. You need to specifically identify which ring you want on this list, and whatever lawyer prepares your Will should be able to provide you with a form for you to complete and sign. And you can also change it without having to change your Will. Just sign a new list or sheet and sign and date it and suggest you go ahead and give a copy of it to your attorney so that he has the latest version of your tangible personal property list. If you have any questions, give me a call at (727) 847-2288.
If I Plan to Renovate or Build on the Property, What Permits or Legal Approvals Do I Need?
Video Summary
If I plan to renovate or build on the property, what permits, or legal approvals do I need? You need to start with a building permit as far as your contractor and be sure that you need to have a licensed contractor to do the work and file a commencement notice to comply with construction lien law. And so, some municipalities may require you to file a site plan, even though it’s the existing building. Just make sure that it complies with all the zoning requirements and your intended use of the property. So, the big thing is, is to get a building permit and have work done by a license built in contractor. You have any questions, give me a call at (727) 847-2288.
- Published in LLC's and Corporations, Real Estate, Videos