Planning for 2022 and Beyond

A new year provides many of us with the opportunity to try something different or reflect upon what we accomplished during the previous year, but it is also a great time to revisit our plans for the future. This could not be more relevant for my family as we have spent the past week mourning the loss of a loved one, while concurrently going through the painstaking process of executing a will, finding proper long-term care for a disabled surviving spouse, and carrying out final wishes for a family spread out all over the country.

And while this certainly is a difficult time, I cannot express how much easier it has been due to the basic estate planning conversations we coincidentally had earlier in 2021. Talking about the end of life’s journey is never fun; however, we were able to take care of a lot over the past few days because of these prior conversations, and with very little legal assistance.

I encourage you to take action soon to ensure that you have made appropriate preparations for your own death, as well as to encourage or assist those you care about to do the same. At the bare minimum, the following documents should be in place for each individual:

  • Advance Medical Directive – this allows a person to decide in advance who will make health care decisions for them if they become incapacitated and are unable to make their own decisions.
  • Durable Power of Attorney – in this document, the writer appoints an individual he/she trusts to make other legal decisions, primarily financial, on their behalf if they become incapacitated.
  • Last Will and Testament – this document provides key information and instructions regarding the distribution of assets, disposition of remains, and other final wishes on behalf of a deceased individual. It also can include instruction on who should be the guardian of any minor children of the individual who has died.
  • Beneficiary Designations – perhaps the simplest part of the estate planning process, setting up beneficiaries for life insurance policies, retirement accounts, etc. allows account owners to predetermine the distribution of those assets after their death, and also to avoid the probate process for those assets.

This is not meant to be an exhaustive list of things that need to be taken care of; however, having the above protections in place ahead of time will save your loved ones a lot of time, money, and stress when the unfortunate time of a loved one’s passing ultimately arrives. You can learn more by visiting the Iowa Legal Aid website, or by attending one of the many Iowa State University Extension and Outreach programs available for Aging and Caregiving. The Iowa Concern Hotline (800-447-1985) has an attorney on staff who can provide information on legal topics as well.

Ryan Stuart

Ryan is a Human Sciences Specialist in Family Wellbeing and an Accredited Financial Counselor®. He focuses on educating and empowering all Iowans to independently make positive financial decisions throughout their life course.

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TCJA and Estate Planning

Office file folder in a business. Legal will for inheritance

The Tax Cuts and Jobs Act was passed in 2017. The legislation increased the amount that is exempt from federal estate taxation.  Between 2018 and 2025 the amount exempt from taxes is $11,180,000 for singles (more than $22 million for couples) and is adjusted for inflation each year after 2018.  In 2026 the amount will fall back to $5,400,000.  A majority of individuals will never exceed either amount; however, estate planning is more than avoiding estate taxes.  Some decisions about property transfer can have other tax consequences. Changes in tax law can make old estate plans obsolete.

One important element of estate transfer is the “step up” in basis of real estate and other property that has gained value over time.  An acre of ground purchased for $200 (original cost or basis) in 1984 could have a value of $4000 or more in 2019.  If the property were sold it would be subject to capital gains taxes on the $3,800 of appreciated value. If the property is inherited, it passes without taxation and the basis is reset to the market value the day the owner died.  This “stepped-up basis” is a key consideration when decisions are made about gifting property, setting up trusts, and developing other estate transfer plans. Example: suppose you gave your daughter that acre of land today. Upon selling the land, she would owe income tax on the $3800 capital gain; if she had received it as an inheritance after your death, the sale would involve little or no capital gain, saving her the tax bill. 

Transfer of wealth through estate plans has also resulted in new requirements for reporting and keeping records on appreciated property (real estate, stocks, etc.) with a stepped up basis.  New IRS rules define the property subject to appraisal, steps to ensure accuracy, and required reporting to the IRS and beneficiaries.  Executors are responsible for date of death appraisals. Appraisals must be kept by the beneficiaries and used if the property is sold.  It is wise to complete the date of death appraisal promptly; the IRS is more likely to question an appraisal that is completed a long time after the death of the owner. Details are included in IRS Form 706.

Ag Decision Maker is an Iowa State University Extension source of additional estate planning resources and information.  Scroll down the page to find estate planning publications.

 

Joyce Lash

Joyce Lash is a Human Sciences Specialist in Family Finance who wants to keep you ahead of the curve on financial information.

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