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Contents
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Frequently Asked Questions, compiled and answered, by Attorney
Merwyn J. Miller.
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Copyright
© 2005 Integrity
Marketing Solutions
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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
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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your copy ...
Contact
Us: merv@aboutlivingtrusts.com
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QUICK
TIP
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.
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Marriage, remarriage
or divorce.
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Death
of a spouse.
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Substantial
change in estate size.
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Death
or incapacity of an executor, trustee or guardian.
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Move
to another state.
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Acquisition of property in another state.
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Birth
or adoption of a child or grandchild.
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Serious
illness of a family member.
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Change
in business interest or retirement.
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Change
in insurability for life insurance.
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Marriage
or divorce of a beneficiary.
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Change
in beneficiary attitudes.
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Financial irresponsibility
of a child.
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Change
in tax law.
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More
than two years since review of plan with attorney.
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