Recent Posts in Asset Protection Category

  • Supreme Court Holds Inherited IRAs Are Not Asset Protected

    || 24-Jun-2014

    For Clients, Advisors and Community. If you or your parents have an IRA with six figures or more, you need to read this article carefully. A word of introduction: An “inherited IRA” is an account originally established by Mom or Dad and at the death of Mom or Dad is held for the benefit of son or daughter or grandchild (or other relative). It is typically titled, “Mom or Dad IRA ...
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  • INHERITED IRAS ARE NOT CREDITOR PROTECTED For Clients, Advisors and Community: Individual Retirement Accounts (IRAs) are becoming an increasing portion of wealth transferred from generation to generation. Do you have or do you anticipate owning an Inherited IRA from a parent or grandparent? If you do, this article applies to you. What is It? An “inherited IRA” is an IRA inherited from ...
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  • Are Living Trusts Created Just For Tax Benefits? For Professional Advisors. Lawyers and advisors around the country are getting some push back from their clients when they recommend Revocable Living Trusts (RLT). The issue seems to be that their clients perceive RLTs to only be good as tax planning tools. With the federal estate tax exemption currently set at $5 million per individual and $10 ...
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  • On first glance, it looks like the recently signed “Illinois Residential Real Property Transfer on Death Instrument Act” would only interest lawyers, title companies, and the government. In fact, this new law, which goes into effect on January 1, 2012, will allow a majority of our clients to “have their cake and eat it, too”, just by addressing how their residence title is ...
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  • Asset Protection - What's the Big Deal?

    || 21-Sep-2011

    For Clients, Community, Professional Advisors. Recently, business and estate planning attorneys have increasingly focused on assisting their clients in protecting their assets from loss due to unexpected circumstances. The typical business owner will respond, “But, my business is structured as a corporation/limited liability company (LLC). It’s already protected”. This is only ...
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  • Time Again to Check Beneficiary Designations

    || 10-Aug-2011

    For Clients, Advisors, Community A recent published case emphasizes the importance of clients checking their beneficiary designations of their retirement plans including; profit sharing, 401(k) and pension — on a regular basis. The general rule is that if the participant is married, he or she must name his or her spouse as beneficiary (unless the spouse signs a waiver in the presence of a ...
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  • Update on Inherited IRAs

    || 15-May-2011

    For Clients, Professional Advisors Since my March 3, 2011 posting on inherited IRAs, there has been an interesting precedent. A Federal Court in Texas has issued an important appellate decision. The case is Chilton v. Moser. What happened? Shirley died in 2007 naming Janice as beneficiary of her $170,000 IRA. Janice opened an IRA titled, “Janice, beneficiary of Shirley IRA” and ...
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