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The Ten Biggest Mistakes Concerning Real Estate and Estate Planning.
1. Not realizing that when a person is added to your checking or savings
account, that upon the death of either account holder, the entire proceeds
of the account is owned by the survivor.
2. Unless you specify the ownership as joint tenants with the right of
survivorship in a Deed, that upon the death of one or more of the owners,
that person's interest passes to his estate and not to the surviving owners
of the property (except in the case of husband and wife).
3. The gifting of a parcel of land to a child for $1.00 continues the cost
basis the parent may have had in the property, therefore a property which
has appreciated greatly since the parent purchased the property requires the
payment of capital gains tax by the child upon sale of the property on that
appreciated amount, unless the child uses the house as his or her personal
residence for in excess of two (2) years.
4. Upon the passing of a spouse, who held title with a spouse, a new Deed is
not required to be prepared, as the property is solely owned by the
surviving spouse.
5. Putting your home or personal assets into a Trust does not relieve your
estate from having to pay Inheritance Tax to the State of Pennsylvania at
the rate of six (6%) percent (children or grandchildren) or fifteen (15%)
percent (nieces, nephews, other relatives), for whoever the beneficiary of
the Trust may be dictates the amount of tax required to be paid.
6. Persons who are contemplating estate planning do not use the $10,000.00
annual exclusion per person per year to reduce their taxable estate.
7. In contemplation of estate planning, husband and wife do not split assets
in order to qualify for the full credit against estate debt taxes, which is
being increased to $1,000,000.00 in the year 2006.
8. Parties contemplating estate planning after turning the minimum age in
order to begin taking money out of an IRA only take out the minimum amount
required which leaves the maximum amount within their IRA, which is subject
to Pennsylvania Inheritance Tax, Pennsylvania and Federal Income Tax, and
depending upon what the size of the estate is, Federal Inheritance Tax.
Parties should take more than the minimum required and pay Federal Income
Tax upon the amounts now and/or open up a Roth IRA, based upon their
particular situation.
9. Parties contemplating estate planning over look the value relative to
cost of buying life insurance to supplement the payment of Inheritance Tax
by their children, whereby if set up properly, the insurance proceeds are
not taxable to their estate and do not increase the value of their gross
taxable estate.
10. Family businesses fail to incorporate prior to the death of the primary
owner and usually parent, and the children are required to mortgage, or even
worse, sell the business, to pay the Inheritance Tax imposed by the State of
Pennsylvania and/or the Internal Revenue Service for Inheritance Taxes.
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