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Danbury Probate and Estate Administration Law Blog

Connecticut collects unprecedented level of estate taxes

When Connecticut residents pass away, their loved ones can be left trying to pick up the pieces and move on. While this entails a great deal of emotional strength, it also involves knowing how to handle the deceased individual's estate.

One of the more complicated areas of handling a deceased individual's estate is in knowing what estate tax, if any, will be assessed. Part of the complication in figuring out the tax implications in a person's estate lies in the ever-changing state and federal laws that dictate how much an estate will be taxed and at what levels. Connecticut's legislature alone has changed the estate tax law multiple times over the years.

How is a parent's lifetime gift to her child treated at death?

Connecticut residents with multiple children understand the importance of treating the children relatively equally. Unequal treatment can lead to family conflicts and resentment.

For many, the desire to treat children equally exists not only during their lifetime, but in the distribution of assets after death as well. Accordingly, it is important to spell out a person's preferences in their estate planning documents in order to reflect these wishes.

Cleaning up the estate plan after exemption made permanent

Many Connecticut residents have become skeptical of what comes out of Washington, D.C., these days. A prime example was the debate over the federal estate tax exemption last year and whether the exemption would be eliminated or reduced.

The fears over the tax implications of Congress' action or inaction caused many around the country to alter their estate plans. For instance, many gave away assets before the deadline in fear of what would happen. While Congress ultimately made the exemption permanent at a level over $5 million, indexed for inflation, there is still much action that must be done by Connecticut residents in order to make sure their estate planning documents are in order.

If I get divorced, can my ex-spouse inherit under my will?

As discussed previously in this blog, Connecticut families undergo changes over the years. These changes can dramatically impact the distribution of assets in a person's estate plan. Accordingly, it is imperative to engage in proper estate planning when there are major changes in a person's family.

Currently, the United States Supreme Court is considering a case involving a change in family dynamics that could bear on what beneficiaries will obtain assets after a loved one's death. The case involves a man who was divorced from his first wife, and remarried a second wife, but who never changed the beneficiary designation of his first wife on a federal life insurance policy.

Do you trust the court to appoint someone to manage your affairs?

When it comes to who Connecticut residents trust, there are often no stronger individuals than family and friends. The bonds individuals develop with family and friends throughout their lifetime are not only important in every day affairs, but in estate planning as well.

Part of estate planning is designating certain individuals to take certain roles if the person becomes incapacitated, or when the person dies. For instance, setting up a power of attorney and a guardianship are key aspects of any estate plan, to cover any and all contingencies that may occur to an individual.

Connecticut parents: does your will take care of your child?

There is often no brighter moment in Connecticut residents' lives than having a child. Of course, having a child also means a great deal of work, from diaper changes to late night feedings and more. While parents may find it difficult to find much free time with a new child, it is vital that they make some time for estate planning after the little one arrives.

Children are an important consideration when drafting estate planning documents. As an initial matter, individuals should ensure their wills provide for an updated property distribution after a child is born. While many states have laws that enable a child to take property if the child was unintentionally omitted from a parent's will, the laws vary, and the child's struggle to obtain her fair share can cause family disputes.

Man donates part of estate to every animal shelter in state

Many Connecticut residents consider their pets to be a regular member of the family. Some pet owners decide to carry this sentiment into their estate plan. While this may surprise others, it can be just as effective as other succession planning strategies in terms of reducing estate taxes.

Recently, for example, a man left a portion of his estate to every county-run animal shelter in his home state. The man, a dairy farmer, was said to have a fondness for stray cats and other animals. Based on this love, the man's will left nearly $1 million in donations to various charities. The man also left $2,590 to 235 different cemeteries due to his interest in maintenance and upkeep of the cemeteries.

Estate planning not a one-time occurrence

Connecticut residents know how fast life can move. Whether in raising a child, or building a career, the years can fly by before one knows it. From time to time, it is important to take stock of these life changes and ensure the changes are reflected in one's estate plan.

Proper estate planning can help distribute one's assets according to their wishes when they die. Individuals can also name a guardian for their children in their wills. However, if it has been several years since a person has engaged in the process of drafting estate planning documents, the documents may not properly reflect a person's current wishes.

Estate tax issues: what value is used on property?

When Connecticut residents die, surviving loves ones often must not only deal with the grief they feel for their loss, but confusion over handling the state of the deceased person. This makes it all the more important for individuals to ensure their estate plan is in place before they die, to minimize the struggle for loved ones to sort out issues afterward.

One of the more confusing areas for many individuals is dealing with estate tax issues. Perhaps the first step in assessing an estate tax is knowing how the tax will be assessed and what basis will be used. For example, it can be tricky for individuals to know what basis to use for property acquired from a deceased person.

Connecticut residents: who should you choose as executor?

Many Connecticut residents place a lot of trust in their family and friends. This is true not only in day to day life, but when it comes to handling someone's estate administration.

One of the important legal issues of estate planning is choosing an executor of a person's will, otherwise known as the personal representative. The executor has the legal duty to handle the deceased person's estate, by taking on tasks like distributing the deceased person's assets, paying taxes and bills of the estate and maintaining property until the estate is settled.

RSDN Riefberg Smart Donohue & NeJame, p.c.

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