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Updating Revocable Trusts in North Carolina
Updates to one’s revocable trust may be made by an amendment or a complete restatement. An amendment updates a specific part of the trust, while a restatement updates the entire trust. […]
Category: Trusts Tags: Estate Planning, Estates, Powers of Attorney, POA
Caveat to IRA Contributions
Retirement account owners should be aware of a requirement that must be fulfilled in order to contribute to an individual retirement account: compensation income. Annual contribution limits for retirement accounts are common knowledge, but account owners don’t often consider that the ability to contribute is conditional. […]
Category: IRAs Tags:
Overview of North Carolina’s Digital Assets Act
North Carolina Governor Pat McCrory signed a bill into law over the summer of 2016 that allows digital account holders to provide a fiduciary with authority to manage their digital assets. The Act modifies various provisions of North Carolina statutes to conform to the new law, including the North Carolina power of attorney form. […]
Category: Probate Tags: Digital Assets, Digital Estate Planning, Powers of Attorney, Administration, Estates
What Executors Should Know About Digital Assets in North Carolina Probate
In late June 2016, the North Carolina governor signed Senate Bill 805, Revised Uniform Fiduciary Access to Digital Assets Act, into law. The Act provides that trustees, executors, agents under powers of attorney, and other fiduciary parties in North Carolina may be granted authorities over electronic records and communications of another user. […]
Category: Probate Tags: Administration, Digital Assets, Digital Estate Planning, Trusts, Powers of Attorney
Asset Protection Risks From Prior Marriages
Remarriage after divorce or the death of a spouse poses unique issues that individuals entering a first marriage generally do not have to navigate. […]
Category: Asset Protection Tags: elective share, Trusts, trust protectors, Real Property, Divorce
3 Tax Benefits the 50+ Crowd Enjoys
Although many tax regulations fluctuate based on the taxpayer’s adjusted gross income, some tax provisions are instead based on the taxpayer’s age. Knowing when an individual will enjoy certain tax benefits can help to guide tax planning. North Carolina taxpayers aged 50 and older enjoy several tax advantages. […]
Category: Tax Tags: Retirement, IRAs, distribution, Veterans Benefits
Creditor Notification Requirements for Executors in NC
Creditor notification is a mandatory part of probate in every state, but the process varies in each jurisdiction. In North Carolina, executors must follow several statutes in regards to the timing, distribution and placement, and transmission of notices to creditors. […]
Category: Probate Tags: Administration, Creditors, Estates
Inherited IRA Ruling: Distinctions Between Federal and State Tax Law
Our attorneys strive to share notable rulings and case law to help clients and other advisers understand how a court or officials might respond to a particular set of circumstances. In early June 2016, Private Letter Ruling 201623001 rejected a woman’s request to rollover part of her son’s inherited IRAs. […]
Category: IRAs Tags: inheritance, Retirement, Tax, Asset Protection
Tax Issues for Art Collections
Artwork and collections left behind in one’s estate will be subject to probate unless the decedent prepared a trust or other planning tool to hold and manage the art during their lifetime. Regardless whether the art is considered a probate asset, in the case of an estate that is subject to federal or state estate tax, art is a unique asset that poses several potential tax problems. The IRS may carry out an art valuation audit under certain circumstances. […]
Category: Tax Tags: art, antiques, collectibles, Probate, tax audits
Problems With Digital Assets in NC Probate
Online accounts and digital assets are a growing concern in estate administration. Depending on the decedent’s personal or professional interests, they could have substantial assets left in a virtual limbo. In addition to financially valuable digital accounts (like frequent flyer miles, Google Wallet, and PayPal balances), the decedent might have maintained photo storage accounts with sentimental images of life events. […]
Category: Probate Tags: Digital Assets, Digital Estate Planning, Administration, Wills, Fiduciary
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