Merwyn J. Miller, J.D.
191 Calle Magdalena, Ste 270
Encinitas, CA  92024
Telephone: (760) 436-8832
Fax Phone: (815) 346-5375

From the Law Offices of Merwyn J. Miller

Volume Six, Number Ten • October 2008

 

Contents

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About Us

Top Frequently Asked Questions, compiled and answered, by Attorney Merwyn J. Miller.

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This publication does not constitute legal, accounting or other professional advice. Although it is intended to be accurate, neither the publisher nor any other party assumes liability for loss or damage due to reliance on this material.

Copyright © 2005 Integrity Marketing Solutions

Charitable Opportunities

Charitable Opportunities     Who will forget the year 2001? Do you remember where you were that morning of 9/11? The terrorism of that day sent shockwaves throughout America that continue to reverberate. Despite the evil of others, Americans remained generous in the midst of their suffering, giving an estimated $212 billion that year to charity.
     Are you a gracious giver, perhaps even a philanthropist? If you are a taxpayer, then the answer is yes. How, you ask? During your lifetime, your wealth is subject to taxes in a variety of forms. Income taxes levied on your wages, interest and dividends, and capital gains taxes extracted on the sale of your appreciated assets may tend to make April 15th one of your least favorite days each year.

Voluntary Taxes

     Our tax system is voluntary in its form, but the civil and criminal penalties for noncompliance make the process involuntary in its substance. Thankfully for our national defense and other essential programs of the federal government, most taxpayers voluntarily comply with the Internal Revenue Code (IRC) and pay their fair share.
     Beyond the essentials of government, however, are there any programs funded by the federal government you personally consider nonessential and perhaps even wasteful? If there are, then you are an involuntary philanthropist by your financial support of such causes as selected by Congress and the White House.
     Perhaps there are private sector charities you deem more worthy of your tax dollars? Chances are you already support these charities. If so, then you really should know about IRC § 664 and how you may turn your involuntary philanthropy into tax-savvy voluntary philanthropy.

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The Trifecta Challenge

The Trifecta Challenge     In the world of high-stakes wagering on horse races, winning the Trifecta is a most noteworthy achievement. To win, you must pick not only the winner of the race, but also the second and third place finishers. When it comes to gracious giving, most taxpayers would prefer to benefit their charities first, themselves second, their loved ones third … and the IRS dead last. This Charitable Planning Trifecta can be achieved through a carefully coordinated financial and legal strategy that includes both a Charitable Remainder Trust (CRT) and a Wealth Replacement Trust (WRT).

The Trifecta Challenge

     The creation of a CRT helps your charity finish first, with you (and your spouse) a close second. Before the charity inherits the assets held in the CRT upon your death (or upon the death of your spouse, if later), you (and your spouse) enjoy a lifetime income from the CRT and valuable charitable tax deductions. However, when the charity inherits the assets held in the CRT, they are forever unavailable to your loved ones. That is where the WRT comes in.

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The Price of a Loved One's Dying Done Right -- 
Rewards, Loopholes, and Other Wondrous Things...

     A collection of articles from Mr. Miller's long running column for the largest regional newspaper in San Diego county.

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Contact Us: merv@aboutlivingtrusts.com

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Is it Time to Review Your Plan?

  Proper estate planning is a process, not simply a one-time event. Therefore, it only makes sense to periodically review your planning goals and legal instruments. Review this list of life changes that could alter your estate-planning needs. If you notice some areas that might apply to you or your family, it may be time for an estate plan check-up.

  1. Marriage, remarriage or divorce.
  2. Death of a spouse.
  3. Substantial change in estate size.
  4. Death or incapacity of an executor, trustee or guardian.
  5. Move to another state.
  6. Acquisition of property in another state.
  7. Birth or adoption of a child or grandchild.
  8. Serious illness of a family member.
  9. Change in business interest or retirement.
  10. Change in insurability for life insurance.
  11. Marriage or divorce of a beneficiary.
  12. Change in beneficiary attitudes.
  13. Financial irresponsibility of a child.
  14. Change in tax law.
  15. More than two years since review of plan with attorney.

 

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