Estate Planning Under the Secure Act and Other Tax and Estate Law Changes of the Last Decade

Our presenter, Neil R. Lubarsky, Esq., an estate planning, elder law, tax and asset protection attorney with offices in Purchase, NY, will explain how the Secure Act in many cases negatively affects, and for most individuals significantly shortens, the period of time over which IRA beneficiaries are required to draw down distributions and pay income tax thereon, as well as which beneficiaries are still eligible to take IRA distributions over their life expectancies and which existing IRA beneficiary trusts will no longer function as planned. Also discussed will be how to minimize the risk of clients having to pay New York State estate taxes, sometimes at marginal estate tax rates in excess of 100%, by properly utilizing each spouse's New York State estate tax exemption, and by using various gifting options designed to avoid the tax. Attendees will also learn how to minimize the risk of clients having to pay future federal estate taxes, in an uncertain tax law environment, by properly utilizing portability and spousal lifetime access trusts. Moreover, the benefits of various types of asset protection trusts, as well as how and when irrevocable trusts can be changed, will be addressed. Click here for speaker bio.

Specific points to be addressed:

· The Secure Act's provisions regarding the starting date for required minimum distributions from an owner's IRA, and the Secure Act's impact on minimum required IRA distributions to different classes of beneficiaries after an IRA owner's death.

· The Secure Act's impact on existing trusts named as IRA beneficiaries.

· The current federal estate tax exemption and expected future changes thereof. The importance of electing portability when a person dies with respect to the federal estate tax exemption, why making the election can be beneficial, and how the election can be used to minimize the risk of paying future federal estate taxes.

· The structure of the New York State Estate tax and how to avoid paying marginal New York State Estate Tax rates in excess of 100%. The differences in the federal and current New York State estate tax exemptions, how they currently interact in the estate planning process, and how to properly plan to avoid unnecessarily paying the New York State estate tax.

· Using various gift techniques including SLATS (spousal lifetime access trusts) to minimize potential exposure to both federal and New York State estate tax, and the respective costs of losing a step up in basis on such assets.

· Altering Irrevocable Intervivos trusts.

· The estate planning advantages of using Irrevocable Asset Protection (Medicaid) trusts in a world of increasing long term care insurance costs, probate costs, and income tax costs.

· Using trusts to protect family assets against greedy son-in-laws and daughter-in-laws, in order to keep money in the blood line.

· Issues that need to be addressed as part of the estate planning process in order to ensure a smooth estate administration process including lack of knowledge regarding the whereabouts of or existence of potential heirs, intentions of disinheriting an heir, and the existence of a disabled heir.

Learning Objective(s):

(1) Learn about how the Secure Act and other legal and tax developments of the past decade have affected the estate planning process, which beneficiaries can still use a stretch IRA and under what circumstances, and which existing IRA beneficiary trusts need to be redrafted in order to avoid potential tax disasters and actual loss of assets; (2) Learn about the federal estate tax exemption, where it may be headed, when and why the portability election is significantly underutilized, why the portability election should be made more often, and how and when to beneficially use spousal lifetime access trusts; and (3) Learn about the New York State estate tax exemption, how to minimize the impact of marginal estate tax rates in excess of 100%, when to use state estate tax exemption trusts, and what gifting strategies can be effectively used to avoid the New York State estate tax.

Level of Complexity: Intermediate

Please click here to read Neil's article that reflects changes in the law that have occurred over the last year.

Registration Fees:

FPA Chapter Members: N/C

Non-Members: $20

Advance Registration Required - Registration Deadline: Monday, March 1st

After registering, you will receive an email confirming your registration.

The day prior to the event you will receive an email containing the Zoom link and information about joining the meeting.