cpa tax expertise for probate and estate attorneys

Our CPA specializing in Probate Tax isues and Estate Accounintg tax Law is waiting to help you. Call Now: (805) 482-1715 or email us at client.care@missionoakstax.com 

When you need a cpa with tax expertise in probate tax issues call us.

We help estate attorneys deal with the multitude of problems related to death taxes

Death is the one fact that we all will face someday. However, when it comes to end of life planning,  unfortunately last consideration is a Will. Often, when people review an estate planning checklist, it is a fallacy to think that your Will avoids probate, quite to the contrary a Will is not the only document needed to properly handle an estate. A testamentary trust which is created within a Will must usually  also go through the probate process.  From an accounting point of view, all sorts of problems arise from faulty thinking. The counsel of a wise probate lawyer and a probate accountant will be pivotal to your inheritors receiving what is theirs.

The primary check item on an estate planning to-do-list is a financial team that you can rely on and trust even when you are long gone – an estate tax professional, a financial advisor, and of course an estate planning attorney. It doesn’t make sense to embark on financial and estate planning objectives without a solid team

Drafting A valid Will

A Will may not avoid probate but it is mission critical to convey your wishes to the probate courts who should be given what item of your property /inheritance and just who specifically will serve as your voice and gatekeeper when you are long gone. A Will can also create a testamentary trust.  

Power of Attorney Documents

There are two usually two primary power of attorney documents:

  1. A Durable Power of Attorney for financial decisions
  2. A Medical Power of Attorney healthcare/medical decisions.

Health Care Directives

None of us think that this will happen to us however if you fail to plan then plan to fail.

Many a sad story exists about the legal battle involving a person in a coma. While loved ones such as a husband and the victim’s family are involved in a lawsuit over who makes decisions for the victim now lying in a coma. Do your family a favor and define how you want to escape this world if you are unable to make decisions on your own.

Review Beneficiary paperwork and keep it in writing

There is no doubt that bank institutions and financial instruments such as life insurance have beneficiary designations. This bypasses the probate process and immediately makes the account payable on death to another entity such as your beneficiary.  

 

Organize Your Stuff

Have a single designated location for your important documents, tax papers, will, bank accounts, passwords, insurance policies and real estate deeds. And last but not a list of username and passwords Because such confidential information access is available to us exclusively by email. Don’t leave our heir hanging without it.

Ramifications of  Inheritance Taxes

Federal inheritance taxes were locked in by Congress with the passing of the American Taxpayer Relief Act of 2012. Each person gets $5 million and married couples can protect $10 million a legal concept called portability. These numbers are adjusted annually with Cost of Living Adjustments (COLA). However,  check pertinent laws with your State. So, be careful. Get the advice of an attorney and a CPA. You might be tax free on the federal level, however, you may have an estate tax and / or inheritance tax issue because of your state.

Ways to Avoid Probate

Again, Wills do NOT avoid probate. The four quickest ways to avoid probate in my opinion is -

Gifts

Call us today at (805) 482-1715 or email us at client.care@missionoakstax.com

Joint Property Ownership

If you own property with another person as joint tenants with rights of survivorship (JTWROS), when you die the remaining tenant(s) absorb your portion. However, there are tax and legal ramifications. Contact your accountant at

Designate Beneficiaries

Bank accounts, investment accounts and life insurance usually cab be transferred directly to an designated entity upon death. This completely bypasses probate. Check on this issue by calling (805) 482-1715 to get an explanation of how this affects you.

Trusts

Revocable Trusts / Living Trusts be transformed to irrevocable upon death, and allow the trustee to dispose the assets according to the instructions within the trust. Get correct tax advice - Call (805) 482-1715 to get an explanation of how this affects you.

 

Limited Liability Companies (LLCs)

Sometimes an LLC is setup to owns the property. and draft language within the Operating Agreement to assign and vest a Member’s ownership interest to another entity (person, trust or business).  Consulting an estate planning an accountant is wise. . 

Our CPA specializing in Probate Tax isues and Estate Accounintg tax Law is waiting to help you. Call Now: (805) 482-1715 or email us at client.care@missionoakstax.com 

Additionally,

Here is a general overview/ summary of Estate Planning Law, please consult an attorney specializing in estate planning/ Probate Laws as well as your CPA who specializes in Probate Tax issues and Estate Tax planning issues by calling

PART 1: REVOCABLE LIVING TRUST vs. WILL

  1. Basic information that you must know:

Generally speaking, an estate plan is deployed and executed by utilizing a will or by harnessing the power of a revocable trust. Generally speaking a revocable trust usually help the beneficiaries avoid probate. A revocable trust has numerous advantages. However, a revocable trust may have disadvantages, to comprehend the tax ramification, please talk to a qualified and experience Probate Tax Accountant.

Our CPA specializing in Probate Tax issues and Estate Accounting tax Law is waiting to help you.

Call Now: (805) 482-1715 or email us at client.care@missionoakstax.com .

A revocable trust:

  • Helps a probate attorney  avoid, or (is likely with proper tax planning from an accountant who specializes in Probate accounting issues) would help you probably avoid, the probate procedure.
  • When it comes to the management of an individual’s affairs in case your loved one (or you) were ever to become incapacitated , it is an instrument that could save you, your client (if you are a probate attorney) much frustration.
  • If you are an attorney, then you need to know that from an accounting point of you that there may be additional paperwork and accounting required by the court
  • If you are a Probate Attorney, proper accounting procedure for a Revocable trust may provide deeper privacy for your client’s financial affairs at the time of death.
  • If your client is married: your probate accountant can have tax planning strategies that provide advantages for married couples if they are your clients.

You CPA who specializes in Probate and Estate Planning can help your client operate from a point of strength: It is recommended that proper tax planning in terms of the revocable trust will most likely protect your client’s interest in that they will have command and control of their assets until the occurrence of incapacity or death. Therefore, involve your Probate Accountant at the inception.

As a Probate Attorney, you may be possibly be designated perhaps as the trustee of someone’s estate, someone’s trust or be in the position to designate someone else as trustee. Regardless of the situation, proper estate tax planning my allow you to give complete control to you or the designated trustee of your client to amend the terms of the trust, withdraw property from the trust, put additional property into the trust, or revoke the trust entirely, as long as these actions are done in accordance with the terms of the trust agreement. And there is a proper accounting and traceability as required by Probate Law. Furthermore, transparency in the accounting by a Probate Accountant will be pivotal in the event there is a dispute or one of the beneficiaries disputes the accounting.

Call Now: (805) 482-1715 or email us at client.care@missionoakstax.com

Now you may say, Well, that’s all well and good, but why Do You Need a CPA for Estate Planning?

Think about it: Should you make an estate plan for your client, you will need a CPA on your team, specializing in Probate issues or an accountant with expertise in Probate Tax and inheritance issues to be your trusted advisor to help you with potential pitfalls and probate tax law ramifications. Such as:

  1. How much of your client’s estate might be or might not be subject to estate taxes or inheritance taxes.
  2. Should your client’s estate possibly be subject to probate related taxes, then, what are the best probate law/ estate planning strategies that need to be implemented in order to help your client minimize the amount of their estate that could potentially be “swallowed up” by in taxes and penalties by the government so that your client can leave as much a larger chunk of their wealth as possible for their heirs or leave it to their favorite charity.
  3. What about harnessing allowable gifts under the probate law and possibly gifting their wealth so that they can successfully pass on some of their hard-earned fortune to their children-grandchildren or other loved ones. We as accounting firm that specializes in assisting Estate Planning Attorney with Probate tax planning can assist you in filing any gift tax returns that may be required.
  4. Should your client have owned a successful business, real estate holdings in the form of let’s say rental properties, patents that provide royalty payments; we as Accountant specializing in Probate tax issues can help you plan as to what possibly is the wisest tax way to transfer your clients most valuable/cherished assets to their desired loved ones/beneficiaries as part of your client’ estate plan.
  5. If you have stocks, bonds or retirement accounts such as 401k accounts and IRAs, what steps should you take to maximize the amount that passes to your beneficiaries or charitable organizations. See financial planning.

Questions to inquire with a CPA for Probate issues and Estate Planning

Before hiring a CPA or accountant to assist you with your estate plan, it is important to learn whether the individual has mastered the complex tax issues involved in estate planning. Many tax professionals have no exposure to estate planning issues and do not possess the expertise you need. When interviewing a prospective tax adviser, ask the following questions so you can evaluate his or her experience:

  1. How much experience do you have advising individuals with large estates on tax planning issues?
  2. How many clients have you helped with tax planning strategies to maximize the amount heirs will inherit or that can be donated to charity?
  3. What type of experience do you have with forming estate planning trusts for tax savings, legacy planning or charitable giving?
  4. How many clients have you assisted with business succession planning or sale of a business as part of estate planning?
  5. How much experience do you have with charitable gift annuities, donor advised funds, charitable trusts or other methods of charitable giving?

The answers to these five simple questions will reveal whether the tax professional is qualified to assist you with your estate plan. Reviewing these questions in advance will help you be more informed before speaking with an accountant.

Therefore, as an estate Attorney, time is of the essence, don’t delay. Call our CPA’s specializing in Probate Tax issues and Estate Accounting tax Law to get the correct Tax Law advice that will be helpful to your clients.

Call Now: (805) 482-1715 or email us at client.care@missionoakstax.com 

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