Changes to Estate Planning Due to Proposition 19

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In November’s recent election, California passed Proposition 19 (Prop 19), which has changed two important California property tax assessments that could have a lasting impact on your estate planning.

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No Clawbacks. The Time to Act is Now!

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In 2017, a window was opened. And at the end of 2025, that window will close. This breath of fresh air was granted by the passing of the Tax Cuts and Jobs Act (TCJA) of 2017, which increased the Basic Exclusion Amount (BEA) from $5 million to a new base of $10 million (indexed for inflation after 2011) for gifts and inheritances bestowed from 2017 through the end of 2025. Though there are many motivations for lifetime gift-giving, it is often a strategy to maximize the value of wealth and inheritance while minimizing its subjectivity to taxation as much as possible. An estate tax is technically calculated as a combined value of lifetime gifting and taxable estate, but lifetime gifting also has the added benefit of removing the appreciation of the amount gifted from the value of the estate, so the incremental amount is not subject to the estate’s overall taxation. And of course, there are some gifts that are exempt from taxation altogether, like annual exclusion gifts of $15,000 or less per recipient and direct payments of medical expenses or school tuition. The Tax Cuts and Jobs Act has opened a window of gifting for those looking at federal estate taxes, but this legislation has an expiration date of January 1, 2026, at which time the $10 million bases will revert back to the $5 million base and the ability to take advantage of the increased estate and gift tax exclusions will cease. We are currently in an important opening of opportunity that should not be missed.

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Landlords: Preparing for the Months Ahead

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As moratoriums in most areas of California have been extended and ongoing worry about evictions persist, landlords and tenants may find themselves in a predicament. As state government jurisdictions continue to protect tenants, the question then arises of what landlords can and should do about rent payments once moratoriums are lifted.

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Force Majeure: How It Can Help You Right Now

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With our daily lives changing constantly during the current COVID pandemic, unforeseeable circumstances may prevent real estate owners and tenants from being able to complete the duties outlined in their rental contracts. This situation is referred to as Force Majeure, a common clause in contracts that essentially frees both parties from liability or obligation when an extraordinary event or circumstance happens beyond the control of either party.

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The SECURE Act: How it Affects Estate Planning and What to Do

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With the introduction of the Setting Every Community Up For Retirement Enhancement (SECURE) Act in effect as of January 1, 2020, new and big changes have been made that affect one large aspect of retirement accounts: the payout process for beneficiaries. Previously, those who inherited someone’s retirement account were able to spread withdrawals from the account over the course of their lifetime. However, under the SECURE Act, beneficiaries are now required to withdraw all funds from an account within a 10 year period.

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Why It’s Important to Have An Estate Plan If You Are Over 18

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If you’re over the age of 18, regardless of financial status or property owned, it’s important to set the measures of an estate plan for health purposes. Estate plans not only allow for finances to be managed in the case of an accident, but they also amount to a number of other important measures that any individual should consider.

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COVID-19: The Ultimate Guide to Estate Planning

With the COVID-19 pandemic at large and death rates continuing to rise, the US now has more known cases than both China and Italy. During this current crisis, it’s best to remain calm and use this “stay well at home” time to do things you’ve been putting off. One such thing that may be worth considering during this unprecedented situation is setting up an estate plan.

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Wills vs. Trusts: Which Should You Choose?

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Estate planning is a necessity for anyone with finances and property intended to pass on to another person or organization. How to plan your estate, however, is a larger question best answered by this fact: if you plan on leaving anything you own to beneficiaries, you will want to decide between using will or a trust – or potentially both. To help you make the most informed decision, here are wills and trusts explained:

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Red Flags When Purchasing a Home

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Purchasing a home can present many issues that must be acknowledged beforehand in order to prevent future issues. While in the process of looking for a home to buy, there are a number of things to look out for financially, psychologically, and physically when viewing any potential home.

Red flags can give any homebuyer insight into whether the decision to purchase a specific home is worth it. Circumstances associated with both the selling party and the buying party can give some insight into the home itself.

Here are some red flags to look out for when purchasing a home:

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