Preserving Your Wealth

What is a "fiduciary"?

January 2012
You might get investment advice from any of the following sources: a financial planner; a financial consultant; a financial advisor; an investment advisor; an investment representative; a stock broker; a wealth manager; an insurance agent; a relative; or a bank trust officer.

Long-term care issues and answers

September 2011
New estimates suggest that 70% of Americans who reach age 65 will, at some point, need extended health care. The U.S. Department of Health and Human Services projects that some 20% of retirees could require five or more years of such care. To pay for this care, many are turning to long-term care insurance (LTCI). However, these policies come with a profusion of confusing choices.

Proving Value

June 2011
Most of James Mitchell's fortune was held in his revocable living trust. Six days before his death in 2005, he transferred a 5% interest in two real estate properties to an irrevocable trust for his sons. The reason for the transfer was to keep the properties in the family at least until the sons reached age 45.

Citizenship

May 2011
Word came in April that Superman would renounce his American citizenship in an upcoming issue. Three questions sprang to mind: When did Superman gain American citizenship? How hard is it to renounce one's citizenship? Why would one do that? We are not authorities on comic book trivia, so the first question will remain unanswered. Renouncing citizenship is a straightforward process.

An Amish Ponzi Schemer?

March 2011
According to SEC reports, Monroe L. Beachy began offering investments to Amish families in 1986. His success in making his pitch was tied to the fact that he himself was Amish. Beachy promised higher returns than those available from banks, coupled with the safety of investing in U.S. Treasury bonds. Does that sound familiar? Over the next 25 years, he raised $33 million from some 2,600 investors, most of whom were Amish.

"I didn't know that you could do that with a trust."

December 2010
What can be accomplished with this power to delegate the authority to manage property in a trustee? Trusts can be individually tailored to address many different financial goals. As a result, there's no such thing as a "typical trust." However, certain basic trust approaches are widely used. The following fictitious examples may spur your thinking about how trust planning might help you to meet your own financial goals.

Homebuyer Tax Credit Repayments

November 2010
In a quest to stimulate the housing market, Congress enacted three different versions of tax credits for homebuyers. Each has its own rules. Whether the tax credit must be repaid depends upon the purchase date of the home, as well as whether the home has since been sold at a profit.

Uncertainty at Year-end

October 2010
One year ago, the conventional wisdom was that Congress wouldn't let the federal estate tax expire for 2010; some sort of temporary patch would be crafted, as is done each year for the Alternative Minimum Tax. The political divide was deeper than the pundits predicted. A stalemate in the Senate led to the previously enacted transition rules for estate and gift taxes going into effect.

Charity Auctions

September 2010
A charity-sponsored auction can be a great fundraiser; successful auctions have already raised millions of dollars. Donors provide the goods; bidders receive valuable property or services; everyone has a good time; and the charity receives the proceeds. Plus, there are tax breaks all around, right?

Planning for Tax Increases

August 2010
A period of economic weakness is not generally a good time for a major tax increase. However, increased income taxes have already been legislated for 2011, when tax cuts enacted under President Bush will expire. Some in Congress have argued that these tax cuts should be allowed to expire for upper-income taxpayers, while others believe that these breaks should be extended to everyone.

New Prescription

July 2010
Always an essential element of portfolio planning, taxes are about to become even more important to those at the upper end of the income spectrum. Temporary tax cuts enacted during the Bush administration expire at the end of this year, and a cloud of political uncertainty hangs over them.

Trusts for Special Needs

May 2010
Parents and grandparents of a child with a lifelong disability, such as autism, have a special estate planning challenge. On the one hand, they want to provide the financial support that the child never may be able to provide for himself or herself. On the other hand, they want to protect the child's eligibility for the full range of government support programs, including health care.

Reasonable Excuses

March 2010
Taxpayers are free to move money from one IRA to another, so long as they complete the transaction within 60 days. If they hold on to the funds for 61 days, they have a taxable distribution on their hands, and possible penalty taxes as well.

Living Trusts and Financial Privacy

February 2010
Remember when "hidden treasure" resided in chests buried by pirates? Today's precious assets may be invisible to the naked eye until retrieved from a hard drive.

Revised Tax Credit for Home Buyers

December 2009
The tax credit for first time home buyers of up to 10% of the purchase price of a home, slated to expire on November 30, was superseded when Congress enacted the Worker, Homeownership and Business Assistance Act of 2009 in November. The new rules apply to all purchases after November 6, 2009. The new deadlines are April 30, 2010, for binding purchase contracts and June 30, 2010, for settling the purchase. The new law contains a number of important wrinkles that home buyers will want to learn.

Year-end Planning: Questions for You and Your Financial Advisor

November 2009
As another year comes to a close, you will have the chance to make many decisions that affect your financial well-being in the year ahead. In particular, these last months are the last chance that you will have for moves that will alter your 2009 tax obligations. This year's financial market roller coaster may make this unusually complicated for some taxpayers.

Card Check

September 2009
The Credit Card Accountability, Responsibility, and Disclosure (CARD) Act of 2009 was signed by President Obama last May, after passing both Houses of Congress by wide, bipartisan margins.

Probate, and How to Avoid It

August 2009
"Probate" is a word with two meanings. Specifically, it means proving to a court that a will is valid. More generally, "probate" refers to the whole process of settling an estate disposed of by will—assembling assets, notifying creditors, paying taxes, distributing bequests and so on.

Life Insurance and Divorce

June 2009
When William joined his employer's saving and investment plan (SIP), he signed a beneficiary designation to identify the person to receive the account balance, if any, at his death. He named his wife, Liv, the approach most people ordinarily would take. William was free to change or revoke the beneficiary designation at any time, and if no one were designated, the funds would pass to his estate.

Taxes and Timing

May 2009
For comedians, and perhaps for life in general, timing is everything. Our tax code includes innumerable examples of that, which is what contributes to its extraordinary complexity. Congress affixes special dates to some tax breaks to lower their "revenue costs." Here are three new examples, taken from the "stimulus bill" enacted in February.

More Credit for College

April 2009
It's complicated enough for parents of college-age children to find their way through the maze of federal loan applications. Sorting through the list of possibilities for tax relief for tuition expenses, and eligibility for them, only adds to the headaches.

Fraud Avoidance Steps

April 2009
The fraud perpetrated by Bernard Madoff remains in the headlines months after it first came to light. At least some of the recent news gives some hope of relief for as many as 13,000 investors who may have lost as much as $65 billion. The IRS has announced that it will allow investors who fall victim to investment fraud and schemes to claim an income tax deduction under the casualty and theft loss section of the tax code. Details are forthcoming, but claiming the deduction is sure to be a complex and time-consuming process.

IRS Audits May be Down, but Chances are Up

March 2009
The IRS examined only 1.01% of all individual income tax returns in 2008, down slightly from 2007. But the Service audited almost 3% of $200,000 plus returns, up 16% from 2007; 49% from 2006. For those earning $1 million or more, the figure jumped to almost 5.6%

Talking to Teens About Tough Times

February 2009
Worrying about economic conditions is not confined to the adult world. Many psychologists believe that children, especially teenagers, are well aware that their parents are concerned and are feeling-if not necessarily expressing-their own anxiety. In an ABC News poll conducted last November, 75% of 12- to 17-year-olds who said that their parents were worried about the economy also said that they were worried themselves.

RMD Relief

January 2009
IRA owners received an early Christmas present at the end of 2008 when Congress suspended the rule that requires mandatory withdrawals starting at age 70 1/2. The suspension, which also applies to other retirement plans such as 401(k)s and IRA beneficiaries who must withdraw funds from inherited IRAs over five years, is in effect for 2009 only.

Year-end Tax Saving Tips for 2008: Part 2

November 2008
In Part One of this discussion, we took a look at some of the basic income-tax-saving techniques that could help reduce your 2008 tax bill. Here, we examine some of the other steps to consider before the year's end.

Do You Have Unclaimed Property

October 2008
It might be a dormant bank or investment account, an individual stock, or an insurance check. It could be unused travelers' checks or even a balance on a gift card. Today some states with burgeoning deficits, hunting for sources of easy revenue in hard times, are becoming more aggressive in scooping up certain property when there's been a dearth of activity in connection with it. What is scooped up can turn out to be no small line item in a budget: For example, seized property accounted for the third-largest source of revenue in Delaware in its last fiscal year.

Year-end Tax-Saving Tips: Part One

October 2008
This year your tax planning involves predicting the future. There's a good chance, according to many, that we will see an increase in taxes next year. Depending upon what the changes are, you could find yourself in a higher bracket. If that happens, strategies such as deferring income and accelerating deductions would be just the opposite of what you should be doing - making it all the more important to discuss with your tax advisor any moves that you might be considering.

Equity Line Scams

September 2008
Mortgage fraud schemes have existed for years. But, as the FBI warns in its annual mortgage report issued earlier this year, a depressed housing market provides an ideal climate for mortgage fraud perpetrators to employ a variety of schemes to take advantage of the downward trend. As lending practices tighten in response to the subprime lending crisis, financial institutions are employing higher standards and fewer loans are being originated-forcing scammers to turn to alternative methods.

When Do You Need a Living Trust?

August 2008
Living trusts are flexible, versatile, asset-management tools that can offer long-range value in a variety of financial and family circumstances. But they aren't for everyone. We would be pleased to answer any questions about what, specifically, a living trust might accomplish for you and your family. For starters, you should find this introduction helpful.

Finding Trustworthy Investment Advice

May 2008
Has recent market volatility got you worried about your current investment strategies? Before changing directions on your own, it's a good time to look at getting professional assistance with your investments. Professionals are experienced in analyzing the significance of economic and market events and their portfolio management implications.

HSAs: Managing the High Cost of Providing Health Care Benefits

April 2008
A recent report from the National Coalition on Health Care probably did not come as a surprise to business owners who offer health care benefits to their employees. In 2007 employer health insurance premiums increased by 6.1%, twice the rate of inflation. And since 2000 the increase in the cost of premiums has been explosive-100%, compared to a cumulative inflation of 24%-making health insurance the fastest-growing expense for business owners.

Your Home, for Tax Purposes

March 2008
When it comes to taxes, your idea of where your home is may not match the opinion of the taxing authorities. The problem arises usually when you maintain residences in more than one state. Your choice of domicile likely would be the state with the most favorable tax climate.

Tax Rebates, 2008 Style

March 2008
The recently enacted Economic Stimulus Act of 2008 will put money in the pockets of over 130 million households. The following information should answer some of the questions that you may have about your rebate.

Inflation (and Other) Adjustments May Impact Your Taxes and Planning

December 2007
A number of cost-of-living adjustments are built into the Tax Code. Other important amounts and thresholds change as a result of schedules introduced in tax legislation. Here is a brief summary of some of the key number changes that may have an impact on your income tax, retirement and estate planning in 2008.

Year-end Tax-saving Tips for 2007: Part 2

November 2007
In Part One of this discussion, we took a look at some of the basic tax-saving steps to consider prior to the end of the year - chiefly, deferring income and accelerating and "bunching" your itemized deductions. Now let's take a look at some of the other opportunities that may help reduce your 2007 tax bill.

Year-end Tax-saving Tips for 2007: Part 1

October 2007
Although your federal income tax return won't come due until April 15, 2008, most of the opportunities for limiting your 2007 taxes vanish at the end of the year. Here's a look at some of the steps to consider taking before December 31 to keep your tax bill as low as possible.

Protecting Your Credit and Identity

October 2007
Today's technology has made it easier to make purchases and transact business. But this "blessing" can sometimes turn into a curse - just ask anyone who has been the victim of identity theft or a clever e-mail scam.

Designing a Trust for Your Family

August 2007
Often, one of the objectives of a trust-based financial plan is to separate the benefits of property ownership into current and future portions. In a marital deduction trust, to take a routine example, a surviving spouse must have the right to all the trust income, paid at least annually, and in the future, after that spouse's death, the remainder beneficiaries (typically, the children or grandchildren) will receive what is left in the trust.

Managing Newly Acquired Wealth

July 2007
The classic situation is that of the lottery winner. Suddenly besieged by an army of new friends, well-wishers and advisors, tempted by a world of seductive possibilities, all too often their stories end unhappily. Although lottery winners are exceedingly rare, the challenge of handling a large influx of money is actually quite common. Whether expected or not, an inheritance, divorce settlement, severance package or pension payout, proceeds from the sale of a business, life insurance, royalties, mineral rights or legal judgments - all can put in one's hands the equivalent of several years of ordinary earnings.

The "Kiddie Tax" Rule Changed Again

July 2007
In late May, as part of legislation that increased the minimum wage and provided funding for the Iraq war, came a modification of the "kiddie tax" rules that may have flown under the radar for many people.

Q and A: Living Trusts

June 2007
For centuries, living trusts have been a popular management tool for the preservation and growth of one's assets. Living trusts offer a remarkable degree of flexibility, helping people achieve their needs for today as well as for tomorrow. And for planning for the future, for coping with the unexpected. For maintaining financial security for loved ones and for organizing one's assets in an efficient manner. Not to mention the peace of mind that comes with having a solid plan in place for the management of one's wealth.

Tax Advantages can Stretch Your Education Dollars

May 2007
Higher education costs continue their relentless upward spiral. For the 2006-2007 academic year, the average cost at a four-year private college topped out at over $30,000. Many families are turning to an array of tax-advantaged savings accounts to help them meet the high cost of higher education. Contributions to such plans are not deductible, but taxes on growth and earnings in them are deferred and may be avoided altogether when the funds are used for qualified education expenses.

The Best Trust Plan for Your Spouse

April 2007
Providing for a surviving spouse, often the single most important objective in a family's estate planning, never has been as simple as creating a will that leaves "all my property to my beloved." Today's complex and changing tax laws only make the job more challenging. The answers to the following questions will shape the strategy for providing for your spouse.

A Trust Arrangement to Protect Your Assets

February 2007
As you plan for your offspring, what is the best approach for protecting the legacies that you will pass on to them? Outright inheritances may be inappropriate for those with poor financial judgment; or who might face a divorce at some time in the future; or who may have a history of addiction or inappropriate behavior. Then, too, professionals such as doctors and attorneys, who face the threat of financially crushing malpractice suits, may be looking for ways to protect themselves.

Why a Home Equity Line Makes Sense

February 2007
Making home improvements? Making a major purchase? Facing a big college tuition bill? For homeowners a home equity line of credit may be the most economical and flexible way to borrow money.

2006 Ends With New Tax Law

January 2007
The Tax Relief and Health Care Act of 2006, enacted by Congress on December 11, 2006, and signed into law on December 20, ended the year on a positive note for taxpayers. Several taxpayer-friendly provisions of earlier law, scheduled for extinction at the end of tax year 2006 have been extended.

Inflation (and Other) Adjustments for 2007 May Impact Your Taxes and Planning

December 2006
A number of cost-of-living adjustments are built into the Tax Code. Other important amounts and thresholds change as a result of schedules introduced in tax legislation. Here is a brief summary of some of the key number changes that may have an impact on your income tax, retirement and estate planning in 2007.

Year-end Tax-saving Tips for 2006: Part 2

November 2006
In Part One of this discussion, we took a look at some of the basic tax-saving steps to consider prior to the end of the year - chiefly, deferring income and accelerating and "bunching" your itemized deductions. Now let's take a look at some of the other opportunities that may help reduce your 2006 tax bill.

Year-end Tax-saving Tips for 2006: Part 1

October 2006
Although your federal income tax return won't come due until April 16, 2007 (because April 15 falls on a Sunday), most of the opportunities for limiting your 2006 taxes vanish at the end of the year. Here's a look at some of the steps to consider taking before December 31 to keep your tax bill as low as possible.

Attempt at Estate Tax Reform Fails Again

September 2006
When Congress adjourned in early August, little was clear regarding the future of the federal estate tax. Both chambers went into recess until after Labor Day. In recent months the focus had shifted from outright repeal - majority support was lacking - to some form of compromise legislation.

Trustworthy Advice: Look No Farther

August 2006
As a corporate fiduciary, we are dedicated to providing our clients with trustworthy asset management. Of course, we also provide traditional trust services, such as administering estates and managing trust funds for young or inexperienced beneficiaries. Our primary function, however, is helping people turn financial success into financial security.

Spam Scams

June 2006
Have you received "spam," or junk e-mail, recommending that you invest in a stock, perhaps even invest in that stock before it is first publicly offered for sale in an Initial Public Offering (IPO)? A recent

Q and A: What You Need to Know About the AMT

April 2006
For some months now, Congress has been debating the extension of certain tax breaks, such as the lower long-term capital gains and dividend rates. As of this writing, no resolution has been reached. Alternative minimum tax (AMT) exemptions are part of the extensions package. Inflation adjustments from prior years expired at the end of 2005, meaning that more people are apt to fall within the clutches of the AMT.

The Continuing Saga of Estate Tax Repeal

March 2006
In a February 10 speech before the Conservative Political Action Conference in Washington, D.C., Senate Majority Leader William H. Frist (R-Tenn.) stated that he plans to bring legislation to the floor in May to repeal the federal estate tax. Last year the House of Representatives passed legislation to repeal the estate tax in full, but the Senate never acted on the bill.

New Tax Credit for Energy Savers

January 2006
A number of cost-of-living adjustments are built into the Tax Code. Other important amounts and thresholds change as a result of schedules introduced in tax legislation.

Turning Financial Success Into Financial Security

November 2005
In the global village that today's world has become, uncertainties and concerns extend beyond just the stock market and the economy. The continuing conflict in Iraq, the war on terrorism and many other developments on the international front are likely to have an impact on business and professional people, active and retired, and upon their families. Now more than ever, it's evident that more than money is required to create lasting financial security. Trustworthy asset management is needed as well.

Your Investments: What About Tax?

August 2005
Tax considerations are not, and should never be, the be-all and end-all of investment decisions. The choice of assets in which to invest, and the way in which you apportion your portfolio among them, almost certainly will prove to be far more important to your ultimate results than the tax rate that you pay on your portfolio's earnings.

Investing in Stocks: How Long is "Long Term"

June 2005
How often have you heard or read that stocks held for "the long-term" are likely to outperform other investments? It's a generality, true, but there are statistics to back up that statement. But those numbers need to be put in perspective. Very few, if any, of today's investors were likely to have bought stocks way back in 1926 and have held them for 80 years. Which leads to the question, then, just how long is "long enough" for an investor who is concerned about risk to feel safe about investing in stocks?

Beware of the Financial Fraud: "Phishing"

February 2005
The National Association of Security Dealers (NASD) continues to warn investors and consumers about "phishing," a scam that uses spam e-mail to lure investors into revealing bank or brokerage account information, passwords or PINs, or other types of confidential information.
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