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Estate Planning

Problems with Deeds on Death, Transfer on Death Deeds or Beneficiary Deeds

beneficiary deeds

When a person dies owning real property in his or her name, probate may be required in order to transfer that property to the heirs of the deceased person.  Because of the costs, delays and hassles associated with going through probate in the State of Nevada, many people desire to transfer, or to at least structure the future transfer of, their real property, prior to their deaths.  Common methods of probate avoidance for real estate include the following: Hold real property with a right of survivorship, either in joint tenancy or as community property; Convey outright title to real estate...

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Estate Planning and the Capital Gain Tax

Back in the heyday of estate planning when just about everyone who died owning a home and an IRA would have an estate subject to this tax, the choice between paying estate tax versus paying capital gain tax was an easy one to make. Up until the last few years, the highest estate tax bracket was 55% and the top long-term capital gain tax bracket was only 15%. If you had a choice of paying the estate tax or paying the capital gain tax, the capital gain tax was the obvious choice. This choice was really so clear-cut that most of...

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I Just Received a Letter from the Medical Board: Now What?

Professional Licensing Boards are government agencies which regulate healthcare professionals.  This regulation includes ensuring that applicants for licensure are properly qualified and competent to practice in their respective healthcare fields.  It also includes ongoing monitoring of healthcare professionals and disciplinary actions.  The Professional Boards have the power to revoke a healthcare provider’s license, place it on suspension, levy fines, and issue other orders for discipline against a healthcare provider.  All healthcare providers are governed by some Professional Board, the major ones in Nevada being the State Board of Medical Examiners (which regulates physicians, physicians assistants, and respiratory therapists), the State...

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Need to Plan for Children Reaching 18 and Beyond

Once your child reaches age 18, you as the parent no longer have the same legal rights to handle your child’s financial affairs, healthcare decisions or any of the other matters affecting your child. As long as your child is living and competent, the child is legally entitled to handle his or her own affairs; but if your child should become incapacitated, through injury or illness and the child is age 18 or older, in order to obtain control over the child’s financial and medical decisions, it will be necessary to file a petition with the guardianship court. Not only is...

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Last Wills and Testaments

(Republished from Vegas PBS Source Magazine; July 2013.) Although a living trust is the estate planning and testamentary vehicle of choice for most people in Southern Nevada, for those who have modest size estates—such as where there is no real estate involved, and where the only assets are small bank accounts, home furnishings and heirlooms—a will may be the better choice. A will is important, at a minimum, to designate the individual one would like to serve as executor of his or her estate, to divide the estate among the proper individuals and charities, to declare one’s heirs and make any desired...

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Estate Planning: Who Should Own The Captive Insurance Company?

From an estate planning perspective, there are a variety of ways to structure the ownership of a captive insurance company to enhance the overall tax and asset protection benefits available through §831(b) captive planning. But first, a few words on Captive Insurance Companies and Internal Revenue Code section 831(b): What is a captive insurance company? Simply put, a captive insurance company is an insurance company that is owned by one or more business owners to provide insurance for the business. Let us be clear, a captive is an insurance company, not an insurance contract or insurance product. A captive enters into insurance...

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How to Terminate a Trust

Trust agreements can terminate for any number of reasons. Following are several explanations of why a trust might end, come to its conclusion, and be terminated… Natural Trust Termination Upon the settlor’s death. Upon the death of the settlor (or within a reasonable time after death) a standard liquidating trust may terminate. Upon a designated age or date. Upon a specific date or the beneficiary turning a specific age, the provisions of a trust may call for complete distribution and termination of the trust. Upon another stated event. Upon the occurrence of some other event (i.e., graduation from college, marriage, the birth...

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Donating Appreciated Stock

(Republished in part from Vegas PBS Source Magazine, October 2011) Donating appreciated stock to charity is a sure way to generate a little tax relief for yourself.  If you do decide to donate stock, here are a few important points to consider before making your gift. Make sure the stock has appreciated.  If the stock has fallen in value since you purchased it, you may be better off selling the stock first to generate a capital loss.  Then, if you desire, you can donate the proceeds to charity. Select long-term stock. If you have owned the stock for more than one year before making...

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