Amy Winehouse’s death at age 27 illustrates the importance of having a Will, at any age. Ms. Winehouse and Blake Fielder-Civil were married briefly. Under English law, marriage negates any Wills made before the marriage, but if a couple divorces and there is no new Will, the ex-spouse is the…
Illinois Estate Planning and Elder Law Blog
Estate Planning and Gifts to Charity
When making gifts to charities, keep in mind the following: Give away appreciated stock which you have held for more than a year. You can deduct the market value of the stock, and you do not owe capital gains tax. Get receipts in writing from the donee for gifts over…
Cohabiting Seniors: Protect Your Rights
More and more seniors are living together without getting married. According to U.S. Census date, the number of cohabitating seniors nearly doubled between 1989 and 2000. For some seniors, marriage is not financially worth it or they do not want to lose their former spouses’ military pension or Social Security…
IRA Master Reaches 70 1/2
Natalie Choate, widely recognized as the authority on IRAs and estate planning, turns 70 1/2 this year. This age is key as it is the time when required IRA payouts begin. At 70 1/2, each year owners typically must withdraw a percentage of their total IRA assets. This percentage increases…
Top Ten Reasons to Create an Estate Plan
LOSS OF CAPACITY. What if you become incompetent and unable to manage your own affairs? Without a plan, the court will select the person who manages your affairs. With a plan, you pick that person through a power of attorney. MINOR CHILDREN. Who will raise your children if you die?…
Don’t Fear the Prenup
Prenuptial agreements have become an important estate planning tool. Without a prenuptial agreement, a second spouse may be able to invalidate your existing estate plan. Prenuptial agreements are especially helpful if you have children from a previous marriage or important heirlooms which you want to keep on your side of…
Lower your Estate Taxes with Gifts
One simple way you can reduce estate taxes is to give some of your assets to your children (or anyone else) during your life. There is no limit on how much you may give during your lifetime, but if you give any individual over $14,000 (in 2016) in one year, you must file an…
Assisted Living and Medicaid
In Illinois, assisted living facility residents covered by Medicaid are not at risk of being evicted if they leave the facility for a temporary hospitalization. The Illinois Medicaid program pays for services not just in nursing homes but in assisted living facilities which are meant to provide a home-like alternative…
Estate Tax Turns 100
The Estate Tax was put in place in 1916 to raise revenue to finance World War I. In a recent article in the Wall Street Journal, Laura Saunders explains how this tax started as a levy with a top rate of 10% and an exemption of $50,000 (about $1,000,000 in…
Digital Assets After Death
Oregon has passed a law which allows the appointment of an individual to access the digital assets of someone who has died. This authority must be provided for in a Will, Trust or other estate planning document. Illinois currently has no laws regarding digital assets after an individual dies. Google…