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During the divorce process, one often overlooked area is updating your estate plan. Divorce can impact beneficiary designations on life insurance policies, retirement accounts, and other assets and can also have tax...more
Perhaps you drafted your will years ago and it references many of your existing assets, including retirement plan accounts and life insurance policies. But you also have paperwork on file with the applicable financial...more
Newly introduced legislation may soon alleviate a challenge families sometimes face when planning for a loved one living with disabilities. In general, any funds left to such a beneficiary should be left in a special needs...more
My husband just recently opened a new account at one of those online, do-it-yourself, investment companies. He promises that with the tiny amount of money I was willing to allow him to experiment with that he will make us...more
Your will is the foundation of your estate plan. Notably, it provides for the disposition of your worldly possessions, including your house, investments and other property. These go to the beneficiaries named in your will. In...more
If your life changes, so should your estate plan. Marriage, divorce, death of a spouse, a birth and a changing relationship with a child are just some of the life changes that may affect your estate plan. Unfortunately, as...more
It happens all the time, an unmarried plan participant signs up for a retirement plan and designates their parents and/or siblings as their beneficiaries. They subsequently get married, have children, and never bother to...more
I hate death, I hate talking about death, the whole point of living is not dying. Yet, when it comes to setting things rights, I’ve done the best I can in terms of drafting a will and keep beneficiary forms up to date....more
Financial institutions and brokerage firms occasionally recommend that client accounts be structured as joint or beneficiary-designated accounts without full consideration of the impact on the client’s estate plan....more
Ruder Ware’s Trusts & Estates blog has featured several posts (for example, Call to Action: Review Your Estate Plan in Light of the SECURE Act and Why SECURE Act Matters to You) on the SECURE Act, a federal law effective...more
Presented by Cohen Seglias associate Whitney Patience O'Reilly on October 22, 2020. An often overlooked but important aspect of estate planning is the designation of beneficiaries—both primary and contingent—on life...more
An often overlooked but important aspect of estate planning is the designation of beneficiaries—both primary and contingent—on life insurance policies and retirement accounts. In this webinar, Whitney O’Reilly, a seasoned...more
New rules for retirement accounts under the SECURE (Setting Every Community Up for Retirement Enhancement) Act and the CARES (Coronavirus Aid, Relief, and Economic Security) Act, may have a dramatic impact on the optimal...more
The Setting Every Community Up for Retirement Enhancement (SECURE) Act is the biggest retirement planning law in decades. However, when all is said and done, the new law may have just as significant an impact on estate...more
On December 20, 2019 the “Further Consolidated Appropriations Act, 2020” became law. As part of the Act and in part to pay for the over 1.7 trillion in spending that the Act contemplates, Section “O” sets forth the Setting...more
Temporary Relief from Physical Presence Requirements for Spousal Consent - Under the Internal Revenue Code (Code), certain elections under retirement plans require the consent of a participant’s spouse....more
Due to widespread court closures as a result of the coronavirus (COVID-19) pandemic, it may be difficult for participants or their attorneys to obtain a certified copy of a domestic relations order that many retirement plans...more
The dramatic decline in asset values caused by the emergence of COVID-19 as a significant health threat, combined with historically high gift tax exemptions and historically low interest rates make now an opportune time to...more
Under the SECURE act, which was passed by Congress just before Christmas, the new starting age to take Required Minimum Distributions (“RMD’s”) from tax-deferred retirement accounts (exs. an IRA, a 401(k), hereinafter “IRAs”...more
The Setting Every Community Up for Retirement Enhancement (SECURE) Act was made a part of the appropriations bill late in 2019 and was signed into law on December 20, 2019....more
The current year sees us coming off a good year in the stock market and an economy that is strong. However, in November there is another presidential election cycle, which could bring change to which political party controls...more
Trusts & Estates attorney Samantha Heaton explains the serious impact of The SECURE Act on estate planning for retirement accounts. The SECURE Act, signed into law on December 20, 2019, has a serious impact on estate...more
Effective January 1, 2020, the rules regarding distributions from inherited retirement accounts have changed significantly. Under prior law, a so-called “designated beneficiary” of a retirement account could receive...more
The ‘Setting Every Community Up for Retirement Enhancement’ Act (the “SECURE Act”) was signed into law on December 20, 2019 and became effective January 1, 2020....more
Both workers and retirees may need to rethink some of their estate planning in light of the newest spending bill. The Setting Every Community Up for Retirement Enhancement (SECURE) Act, part of the massive bill, makes major...more