Marital Consequences of the Repeal of Federal Estate Tax

estatetaxrepeal.jpgTo the surprise of everyone in the estate planning community, Congress failed to address a critical estate and generation-skipping tax matter before the end of 2009, resulting in the repeal of the federal estate tax.  However, this repeal is for 2010 only.  In 2011, the exclusion for federal estate tax reverts back to $1,000,000.  How is this possible, and what effect does it have on couples’ estate plans, particularly second marriages?

Since 2001, the federal estate tax has been gradually phasing out, with an increasing exclusion from federal estate tax each year.  In 2009, the exclusion increased to $3,500,000. In 2010 however, the federal estate tax disappears, only to return in 2011 with only a $1,000,000 exclusion.  To further complicate things, although the federal estate tax disappears in 2010, the unlimited step-up in basis for inherited assets also disappears; and a decedent’s estate is permitted to increase the basis of assets by only up to a total of $1.3 million with an additional $3 million if there is a surviving spouse.  How does this affect estate planning?

Many couples’ estate plans were written to shelter the exclusion at the death of the first spouse by using a “by-pass” or “shelter … Read More... “Marital Consequences of the Repeal of Federal Estate Tax”

What is The Purpose of the Ohio Putative Father Registry?

puronlineform.jpgLately, it seems that I have had more and more of my male clients coming in to see me to discuss issues relating to paternity.  There are so many myths out there about what needs to happen to establish paternity and the possible outcomes of failing to do so, that it never ceases to amaze me!  Perhaps the most serious outcome that many people are unaware of is that a “putative” father can have his child adopted out to someone else without his consent if the appropriate action has not been taken.

In Ohio, a person is presumed to know that if he has had sexual relations with a woman and she becomes pregnant that the child may be adopted without the father’s consent once the child is more than a month old.  As a way to counteract this result, the Ohio State legislature mandated the creation of the Ohio Putative Father Registry.  The purpose of the Registry is that a person who believes that he may have fathered a child can now establish the legal right to be notified of any hearings where the mother either voluntarily or involuntarily gives up custody rights to the child.  The “putative” father … Read More... “What is The Purpose of the Ohio Putative Father Registry?”

The New Economics of Marriage: More Men Marrying Wealthier Women

pewwomen.jpgIn a recent analysis of census data, the Pew Research Center found that the institution of marriage has undergone significant changes in recent decades as women have outpaced men in education and earnings growth. The study examined American’s 30 to 44 years old, a stage of life when typical adults have completed their education, have gone to work and gotten married. “Men now are increasingly likely to marry wives with more education and income than they have, and the reverse is true for women,” said Paul Fucito, spokesman for the Pew Center. “In recent decades, with the rise of well-paid working wives, the economic gains of marriage have been a greater benefit for men.” Clearly, these unequal gains have been accompanied by gender role reversals in both the spousal characteristics and the economic benefits of marriage.

I personally enjoy reviewing statistics. For those that don’t, be sure at least to read my conclusion at the end of this piece, especially if you are a woman contemplating entering into a marriage.
Here are some of the significant findings in the study, clearly demonstrating the new economics of today’s marriage:

  • In 1970, 28% of wives had husbands who were better educated than
Read More... “The New Economics of Marriage: More Men Marrying Wealthier Women”

What and How to Tell Your Children About Your Divorce

divhow.jpgOne of the most difficult things you will ever have to do as a parent is tell your children that their parents are breaking up. It is important that you shift your focus from your loss to your children’s loss. Divorce is about the dissolution of a husband-wife relationship. It marks a change in the parent-child relationship. Staying aware of this difference will help you effectively support your children. In talking with your children, stay focused on their feelings about this experience. If you focus on the spousal relationship, your own feelings may get in the way of good parenting.

Here are some tips for explaining the divorce to your children:

  • If possible, both parents should be present. This illustrates to the children that you will still be able to co-parent.
  • Tell them close to the time that one of the parents is planning to move out. Telling them months in advance doesn’t “prepare them.” It will only make them anxious and worried.
  • Tell them calmly.
  • Keep it age appropriate. Don’t give them information that is over their heads.
  • Keep it short and sweet.
  • Explain that divorce is between the adults and that parents do not divorce children.
  • Ask for
Read More... “What and How to Tell Your Children About Your Divorce”

12 Proactive Steps to Take If You Are Contemplating Divorce

12steps.jpgJason C. Brown, the publisher of the Minnesota Divorce and Family Law Blog, recently posted a very practical article outlining some important steps to take if you are anticipating filing a divorce action. I am grateful that he has allowed me to repost it here. I concur with his wise “nuts and bolts” type suggestions. Remember the old adage, “An ounce of prevention is worth a pound of cure”.  Plus, this “ounce of prevention” might well save you thousands of dollars in attorney fees!

Once you break the news of your desire to dissolve your marriage, interesting things may start happening at your house. Critical records and valuable items of personal property may suddenly vanish. It pays to be proactive to ensure that you have all the information you will need to move forward as efficiently as possible.

The wasted time and cost associated with hunting down missing documentation can be staggering. We’ve handled cases where everything from an expensive diamond ring to boxes of business records have taken a “vacation”. We almost always find them, but not without substantial effort. In cases where they are not found, the Court will impose substantial sanctions and assume the missing … Read More... “12 Proactive Steps to Take If You Are Contemplating Divorce”

They Fight For America and Upon Return Must Fight For Their Children…

mturner.jpgRecent articles and news programs have focused upon active duty military members who have returned from overseas tours of duty (often in the Middle East) to find themselves engaged and involved in “custody battles” with former spouses who are arguing it would be in the “best interests” of the minor child/children to remain with the parent who has provided care and custody during the year(s) the military parent was deployed overseas.

Michael R. Turner, R-Ohio, a member of the House of Representatives, has been trying for the past three to four years to pass an amendment to the National Defense Authorization Act (“NDAA”) which would provide military parents child custody protection while they are serving out-of-country on active duty with any branch of the military service.  To read Turner’s proposed amendment, click here. In a pointed letter directed to the Secretary of Defense, Robert M. Gates, on September 30, 2009, Representative Turner wrote:

“What is particularly troubling (to me) is that the Department of Defense has misplaced priorities with regard to federal protections for service members.  It has no objection to the FY10 NDAA House language allowing service members to cancel their cell phone contracts without penalty after orders Read More... “They Fight For America and Upon Return Must Fight For Their Children…”

Your Divorce Marathon

donnabok.jpgGetting tired of all this? No one goes into a divorce adequately prepared to deal with all the changes and stresses. As active, high-functioning men and women, we want to do the best we can in the least amount of time. However, divorce is a process, not a single event, and it can be a long process. Even if the legal divorce takes only a few months, the fall-out (both emotional and financial) can continue for many years.

To prevent your divorce from becoming overwhelming, recognize that you cannot rush it. The legal system works at its own pace. It requires patience and energy. The emotional components also take their natural course. Each person heals in his/her own time. While there are things you can do to minimize the pain, the process will have to run its course.

Think of your divorce as a marathon, not a sprint. In a sprint, we gather all of our energy and push to our very limits right from the beginning of the race. We can exert that much energy for the sprint because it is short in duration. However, the body cannot sustain that exertion for long periods of time without collapsing. In … Read More... “Your Divorce Marathon”

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