Protection for Your Most Valuable Asset…Your Children

We always try to to be clear about the difference between two related sciences, Estate Planning (a.k.a. DEATH planning, what happens to my “stuff” and family when I die) and Asset Protection planning (a..k.a. LIFE planning how do I make sure my “stuff” lasts my whole life and is preserved for my family).

 At the end of the day, both of these types of planning address the same concerns from different angles; the people you care about and their happiness, saftey and well being.

The most passionate questions and concerns I and the many fine Estatee Planners I work with all over the country concern our client’s children, and how they will be protected and provided for. The article below concisely summarizes many of the issues that must be addressed when selecting a a guardian for their minor children.

As attorney Vonda W. Chappell explains, “A guardian is the person or persons who are nominated in the Last Will and Testament of a decedent to provide for the care and custody of minor children in the event that neither of the natural parents survive until all of their minor children attain the age of majority. In essence, a parent is being asked to name a substitute for himself or herself to continue to raise his or her children in the extremely unfortunate event that he or she is not able to do so”.

SEE THE ORIGINAL ARTICLE AND MS. CHAPPELL’S THOUGHTS HERE:

http://www.martindale.com/trusts-estates-law/article_Kaufman-Canoles-A-Professional_1505242.htm

An Improperly Cancelled or Lapsed Life Insurance Policy Can Lead to Taxable Income

A recent Tax Court decision, Estate of Feder, T.C. No. 1628-10, T.C. Memo. 2012-10, January 10, 2012, shows advisors that the Tax Court had no trouble ruling that the taxpayer, Yulia Feder, received taxable income on the lapse of her old Northwestern Mutual life insurance policy despite the fact that she did not receive any cash from the policy at that time and intended to cancel it.

The numbers in the case above are small but many clients we deal with have significant life insurance policies in place for business, estate and Asset Protection planing purposes. Imagine if the policy had been funded with six or seven figures as we often see…

This article clearly shows the need to:

1.  Work with experienced life insurance and tax advisors and to ask questions about exit and liquidity strategies and the tax implications of policy lapse and cancellation beyond just replacement and cash value;

2. Understand the formal process and paperwork involved as dictated by the policy itself, not just what you felt was adequate compliance;

INSURANCE POLICY CANCELLATION TAX LAND-MINE

VIDEO – How Asset Protection Works

A great simple explantion in this video by my friend and associate Douglass Lodmell:

Protecting and Passing On Your Gun Collection

Ike's nickle 70 series, a gift from a friend and client

Those of us that live in states that support our 2nd Amendment rights and allow responsible firearm ownership are aware of the responsibility we have as gun owners in the safe storage and use of our guns.

What is often overlooked however is how those guns are handled after we pass and how they will be handled or liquidated for the benefit of our families.

 

There is an obvious concern if you own even one or two guns, but if you have a collection the the issue becomes more complex and even more so if you have any weapon covered by  Title II of the Gun Control Act of 1968,  commonly referred to as the National Firearms Act or NFA, which regulates short‐barreled rifles and shotguns, suppressors, machine guns, special purpose weapons (AOWs), and DDs (destructive devices and explosives).

 

  

As an asset protection attorney I ask all clients about firearms ownership to know if:

1. You are doing something that creates a LIABILITY in this politically hostile climate and;

2. If you have an asset I need to protect in a collector grade or high value firearms collection.

The link below is to a great summary in FORBES that hits upon many of the issues related to estate planing and guns:

http://www.forbes.com/sites/peterjreilly/2011/09/22/gun-collections-pose-special-estate-problems/

As always, be safe and call or email with questions – Ike

Incomplete Gift Tax Reporting – A Common FATAL Asset Protection Flaw

RELYING ON GIFTING TO RELATIVES AND FRIENDS  (SEE ALSO FAILING TO ACT)

 Transferring all of your assets to your spouse and/or children, especially after something has happened, will not protect your assets from a lawsuit. Even if it did protect those assets from your lawsuits, transferring your assets to your spouse and/or children opens up another Pandora’s Box.

 Keeping in mind that there are thousands of lawsuits filed daily due to employment grievances, “slip and fall” and auto accidents, consider this scenario: Let’s suppose that you transfer all of your assets to your 18-year old son who causes an auto accident. Several other cars are involved in the accident and several injuries are incurred. Chances are high that the other parties will come looking for the driver with the deepest pockets. If your son “owns” your house and business, a sympathetic jury will undoubtedly take the possession away from your son in order to teach him a lesson for his reckless driving. The same holds true for spouses, parents and even friends.

Also, gifting is limited to about $13K annually, per spouse, per donee. Gifts over that amount must be documented with a gift tax return. Failing to do so will result in you having to answer the question, “Are you lying now re: the date and validity of this transfer or did you cheat the IRS?” A bad place to be in a time of need.

Here’s an article on how the IRS is cracking down on gift tax cheaters starting in 15 states, is yours one of them?

http://blog.lbhcpas.com/blog/bid/64304/Gift-tax-cheaters-beware

And an article on other COMMON FATAL FLAWS OF ASSET PROTECTION PLANNING:

http://www.proassetprotection.com/2010/10/common-fatal-flaws-of-asset-protection-planning/

What You Must Know about Life Insurance Policy Conversions – Estate Planning

 

Ed Hinerman, Owner, The Hinerman Group

The importance of working with legal and financial professionals that really do their homework is more important than ever before as Americans are taking estate planning seriously, reviewing the economic effieicney and being “pitched” a variety of options. Insurance expert Ed Hinerman shared some great tips and caveats with us below.

 - Ike Devji

 

I’ve always been an advocate of buying a term life insurance length, or multiple term insurance policies that reflect your actual life insurance needs with different term lengths. Due to some recent changes in conversion options I am considering an amendment to my recommendation.

It all started last in the summer of 2009 with West Coast Life changing their term conversion to only include a 10 year guarantee universal life option. At the time this was isolated and I jumped all over them for mistreating their faithful long term customers by taking away a lifetime guarantee option. They claimed they had no choice, that their reinsurance company holds all of the converted policies and they dictated what West Coast could offer. They didn’t seem to get the logic of offering a more expensive version of the fully guaranteed product if the old product didn’t produce enough premium. After several blows being exchanged they decided even though everything I posted about the situation was absolutely true, they would rather I not represent them any more. Martyred! Darn the luck.

More recently it came to light that American General, AIG, had changed their conversion option so that during the first 5 years a client could convert to any of their permanent products. After the 5th year the only product available is a UL with a 10 year guarantee. They didn’t blame it on reinsurance, but rather claimed that they were victims of adverse selection when people converted after the 5th year. Their claim. If you convert after the 5th year you are only doing so because your health is going down hill, which could lead to a claim. I’m crying foul because that is exactly what a conversion option is for, to lock in your insurability. They say they have actuarial data showing this adverse selection but they won’t share it.

Another issue is that their policy says it will convert to a permanent policy. Their words, not mine. The truth is that a universal life policy with a 10 year guarantee is only permanent in the imagination of the company offering it. One financial hiccup during the life of that policy will cut it short and you’re without insurance.

Now Banner Life is following suit with an announcement recently that they will change to the same stance as AIG, five years and you’re out of options. It kills me to see these companies taking out their own shortcomings on the backs of faithful customers. If, and I’ve been assured by a trusted source at Prudential, this adverse selection is true, why not raise the price on all of your products and spread the pain? The answer is obvious. It’s easier to mess with policies already on the books. It doesn’t hurt new sales and worst case is that people get mad and cancel their policies. Companies love it when you’ve paid in 5 or 10 or 15 years and cancel. All that cash flow and no death benefit paid!!!

So, my advice to those looking for life insurance? I still maintain that staggering or layering different term length policies is a prudent way to handle 98% of all life insurance needs. The change I would make is to make sure that clients consider their possible permanent needs from day one. It would appear, legal? or not, that policy owners may not be able to depend on conversion options any longer for “permanent” life insurance. That may mean buying that small final expense UL at the same time as the term or making sure your agent stays on top of any conversion option in place and any changes that come along. Hopefully companies will do a better job than American General in notifying the affected parties.

For those couples that are carrying term policies with companies that allow couple conversion to second to die estate preservation insurance, contact the company and insist that they let you know of any changes in that option while they still have access to the option they bought and believed would be there as long as they needed it.

Bottom line. Contact your agent and ask for a company statement on what their conversion option intentions are. If you can’t find your agent, and most of you can’t, call me and I’ll look into it.

For more Info Contact:Ed Hinerman, Hinerman Group   6399 Loggie Gulch Circle, Salida, CO 81201   Toll free 866-539-7914 Website: http://hinermangroup.com/blog/home/

Federal Estate Tax for 2010 – What you must KNOW and DO

What you need to know: The Congressional debate on estate tax legislation has been put on pause during its recess, allowing current legislation that repeals the federal estate and generation-skipping transfer taxes to take effect.

What you need to do: Individuals should determine whether these changes will affect their estate planning and stay abreast of the situation in Congress once discussion resumes.

See all the details and the full article from LEXOLOGY here: http://tinyurl.com/yejuhze

Life insurance proceeds received by limited partnership not included in gross estate of insured limited partner

In Private Letter Rulings 200947006 & 200948001, the IRS considered whether a series of transactions among a partnership, corporations and trusts which altered the ownership and beneficiary designations of two life insurance policies required inclusion of the policies in the insured’s estate.

See the Whole Article here: http://tinyurl.com/y865vlp

Estate Tax to Temporarily Expire Until Next Year – Now the Really Bad News

Given the depressed value of many real estate and investment portfolios, there has never been a more tax efficient and advantageous time to implement the right kind of estate planning, start transferring assets at their current value and improve and tune up the life insurance components of your planning, here’s why:

The 45 percent tax on estates of over $3.5 million for individuals, or $7 million per couple, is scheduled to expire on Dec. 31, 2009, only to return in 2011 at a 55 percent rate for all estates of over $1 million. During 2010, estates would be taxed at the capital gains rate of 15 to 28 percent when heirs sell off more than $1.3 million in inherited assets.

Call us for help in making sure that 55% of your life’s work is not lost to a system that is VOLUNTARY – that’s right, I said ESTATE TAX IS VOLUNTARY. Why? Because the law allows you to structure, transfer and insure you way to ZERO estate tax liability if you are willing to put a small amount of time, money and effort into it.


See the whole story here: http://www.webcpa.com/news/Estate-Tax-Temporarily-Expire-Until-Next-Year-52743-1.html?ET=webcpa:e623:134343a:&st=email

Yours, Ike

Ike Devji’s Article Featured Nationally on Financial Advisor Match

The Article: Creditor Protected Cash Alternative and Wealth Multiplier?

Was picked and published on FinancialAdvisorMatch.Com as of this AM.

Click here to see the article in full :http://www.financialadvisormatch.com/community/articles/1253_creditor_protected_cash_alternative_and_wealth_multiplier_.html