frequent flyer miles 91024If you’re a frequent airline traveler, one of your estate planning concerns may be what will happen to your accumulated miles once you’re gone. They could be worth thousands of dollars, so you probably don’t want them to just disappear, but some airline policies say that’s exactly what will happen.

The law doesn’t consider airline miles assets that can be bequeathed directly to heirs, but there are still some steps you can take to help ensure your miles live on. It all starts with examining the airline policies in question.

Airline Policies Regarding the Transfer of Frequent Flyer Miles

Some relevant policies include:

  • American Airlines AAdvantage: “Neither accrued mileage, nor award tickets, nor status, nor upgrades are transferable by the member (i) upon death . . . . However, American Airlines, in its sole discretion, may credit accrued mileage to persons specifically identified in court approved divorce decrees and wills upon receipt of documentation satisfactory to American Airlines and upon payment of any applicable fees.”
  • Delta Airlines SkyMiles: “Except as specifically authorized in the Membership Guide and Program Rules or otherwise in writing by an officer of Delta, miles may not be . . . transferred under any circumstances, including . . . upon death. . . . ”
  • Southwest Airlines Rapid Rewards: “Points may not be transferred to a Member’s estate or as part of a settlement, inheritance, or will. In the event of a Member’s death, his/her account will become inactive after 24 months from the last earning date (unless the account is requested to be closed) and points will be unavailable for use.”
  • United Airlines MileagePlus: “In the event of the death or divorce of a Member, United may, in its sole discretion, credit all or a portion of such Member’s accrued mileage to authorized persons upon receipt of documentation satisfactory to United and payment of applicable fees.”

As you can see, policy terms vary, and they may vary even further depending on your agent. Airfarewatchdog.com has found differences between written policies and what customer service representatives told them over the phone.

How to Transfer Miles After Death

The main takeaway is that although airline policies may say they don’t allow miles transfers after death, employees often have the discretion to approve them. Still, there’s no sure way to know whether your airline will work with your loved ones regarding the transfer of your miles.

One way to better ensure your miles get transferred is to include a provision in your will that makes your wishes clear. This step is especially important if your airline requires a copy of a will as documentation, but it can be helpful in any event.

Another option is to leave your account number, login and password to the person you would like to be able to use your miles. Some airlines permit such transfers and usage of miles after the account holder’s death.

In either scenario, you should talk to your loved ones about your intentions so they know to pursue the issue in your absence. Also, if you’re the one trying to claim miles of a deceased person, you should understand the airline’s policies before offering information about the account holder’s death, as the account could be canceled immediately, leaving you with no recourse.

Final Thought on Frequent Flyer Miles

Frequent flyer policies can change at the whim of the airlines even as you are living, so another idea to keep in mind is to use the miles now and create experiences with your loved ones rather than plan to pass the miles on later. In doing so, you can be absolutely sure your miles aren’t lost; an added bonus is that you can also share moments none of you will ever forget.

Dedicated to building your wealth, empowering your family and securing your legacy,

Marc Garlett 91024

gift giving 91024January 1 wiped the slate clean for your tax deductible charitable contributions. So this is a great time to reassess your approach to donating to charities. Most of us respond to some of the appeals which come through various avenues such as unsolicited phone calls, campaigns at work, or church related charities. Whatever the source of the appeal may be, however, most people are inconsistent givers and fret when finding a way to say no.

A Better Way

A solution to the dilemma of when to give and when not to, is having a plan in advance. Knowing ahead of time how much you are willing to contribute to charities and those specific charities to which you will give makes it easier to deal with those groups not on your “list”. Hard-charging solicitors are more likely to back off when informed that you have a charitable giving plan to which you strictly adhere.

To begin creating your own personal charitable giving plan, first look at your past giving patterns and amounts. Did you take an itemized deduction? If yes, you can start with that amount and decide whether it is too high or too low. Many people do not keep track of all they have given, and some may even overstate the amount. Whatever the case, decide on an amount you want to give and then make a list of the organizations to which you will donate.

Once you identify the recipients, you can decide how and when you want to make your contributions. If cash flow is an issue, you might set up a schedule for contributions. Consultation with the charity may provide some knowledge of what works best for that organization.

An Even More Coordinated Approach

If you want to provide a one-time outlay that gets your charitable funds set aside, a donor-advised fund can be established through a financial services firm. This way, a contribution to the fund can be made and then disbursed at later dates. The tax deduction is based on the contribution to the fund rather than to individual organizations. This also allows other family members to contribute if they would like to simplify their charitable gift-giving, too.

A plan for charitable giving that specifies an amount and the recipients, in advance, takes away the angst of considering numerous solicitations that come randomly throughout the year. Knowing you have an action plan in place makes it that much easier to either ignore solicitations or provide a standard response.

Dedicated to your family’s wealth, health, and happiness,
Marc Garlett 91024

probate court 91024Many people are familiar with probate and all of the headaches which it entails. Whether they’ve lost a loved one or a friend, no one who goes through the probate process looks at it with a friendly gaze.

I often have clients come into my office having made an attempt to avoid probate on their own. Commonly, they have tried to avoid it by adding children’s names to real property, investment accounts, or bank accounts. While they may have succeeded in ensuring their children will avoid probate, they have usually created a much bigger problem.

When you purchase an asset (such as stock in a corporation or piece of real estate) you are assigned a “basis” in the property. Your basis is the value you paid for the property. For example, if you bought an investment property for $100,000, your basis in the property is exactly that: $100,000. If you sell the property for more than you paid for it, you have to pay capital gains tax on the difference.

If you give away your property (or add someone’s name to the deed), their basis in the property becomes the same as yours. In the scenario above for example, if a child’s name was added to a real property deed, the child’s basis in the property would be $100,000. When the parent dies and the child goes to sell the house, the child has to pay capital gains tax on the difference between their basis and what sales price of the property.

So how do you avoid forcing your children to pay capital gains taxes? By NOT adding them to the deed or account!

If your child inherits the property through a revocable living trust, your child will get a “step up” in their basis to fair market value at the date of your death. Thus, if the property above was worth $300,000 at the date of death, the child’s basis becomes $300,000 when they inherit it. This means that if your child goes to sell the property, they will pay no capital gains taxes.

Finally, gifting to your children has other dangerous pitfalls. If you add children’s names to property or accounts, you are subjecting those assets to potential risk if your child were to accidentally injure someone or run up a credit card.

By far, the safest way to pass your family’s wealth on to your children is through a fully funded revocable living trust. Setting up and funding a revocable living trust avoids probate, protects your children from unnecessary taxes, and gives you the ability to protect their inheritance from divorce, lawsuits, and creditors.

Perhaps you already know all of this. Perhaps you don’t. But if you’d like more information on protecting and passing wealth to your children, call our office to schedule an appointment or to RSVP for our next free public seminars (at The Lodge in Sierra Madre: Wednesday, Oct. 21, 2015, 6:00 – 8:00 pm & Thursday, Oct. 22, 2015, 10:00 am – noon).

To your family’s health, wealth, and happiness,

Income TaxesApril 15 is upon us! It is not only the deadline for filing your state and federal income tax returns, but also the deadline for filing gift tax returns via IRS Form 709.

Many people are confused about the subject of gift taxes. While only two states — Connecticut and Minnesota — have a state gift tax, there is a federal gift tax you may need to be concerned about. Here are some common myths and the actual truths about gift taxes:

Myth 1: The recipient must pay taxes on gifts.

Reality: While the gift giver may face taxes on certain gifts, the recipient usually doesn’t. There are some circumstances, however, when that will not be the case. For example, if you receive a bonus from an employer or tips, these may be subject to income tax. If you are gifted property that has appreciated in value since the giver bought it, you receive the cost basis as part of that gift. But if you sell the property, you will be liable for taxes on the difference between the sale price and the cost basis (what the giver paid for it).

Myth 2: A giver must pay tax on gifts of over $10,000 per year.

Reality: The annual gift tax exclusion rate is currently $14,000 (it increases periodically), and you can give gifts of that amount to an unlimited number of individuals each year without having to pay gift tax. If you give to a charity or your spouse, you can give an unlimited amount without incurring taxes. The lifetime gift tax exemption for 2015 is $5.43 million per person and your annual gifts (so long as they are under $14,000 per person) don’t count towards that number.

Myth 3: Gift taxes can be avoided by loaning money at no interest and forgiving the loan.

Reality: The IRS requires that you treat a loan like a loan, not a gift. You will have to charge a fair market interest rate and put the terms of the loan in writing.

Myth 4: You can always deduct charitable contributions from your taxable income.

Reality: Charitable contributions must be made to a qualified tax-exempt charity, and must be itemized. You can check the status of your charity on the IRS website with its Exempt Organizations Select Check Tool.

If you have questions about gifting strategies or anything else related to protecting and providing for your family, please let us know. We’re here to help.

To your family’s health, wealth, and happiness,
Marc Garlett 91024

estate planning 91024There are so many things to love about this time of year. Holiday cheer and generosity of spirit flow freely. But if you’re not careful, giving gifts could actually land you on the naughty list (at least the one kept by the IRS). So here are some guidelines to follow when gifting to charity or even your own family members this season:

1. Charitable Donation Rules

Household items. Unless you are donating an item with a value over $500 and have a qualified appraisal, household items must be in good condition or better to qualify for a deduction. And if the value of your donated items exceeds $250, you must have a written receipt from the charity that describes the items. If the total of your non-cash contributions exceeds $500, remember to complete Form 8283 and attach it to your tax return.

Money. You must have a written receipt or bank statement for any donation of money to a charity, regardless of the amount. You can gift via cash, check, credit or debit card. If you donate via credit card in December, keep in mind that even if you don’t actually pay it off until January, you can still take the deduction on your 2014 tax return. Also, if you donate via payroll deduction, you’ll need a W-2 wage statement or other documentation from your employer that shows the total amount donated in 2014.

Qualified charity status. Only gifts to eligible charities qualify for a deduction. You can check the eligibility on the IRS website.

2. Family Gifting Rules

Annual exclusion. You are allowed to gift up to $14,000 in cash, property or other assets to any one person without having it count toward your lifetime gift tax exemption ($5.34 million). If you are married, you can donate up to $28,000 as a couple to as many people as you want, as long as the total given to each does not exceed $28,000. You do not even have to be related to the recipient. Plus, limits on gifts to spouses don’t apply.

Funding for college plans. Contributing to a child or grandchild’s college education is a gift that keeps giving forever. Contributions to a Section 529 education savings plan can be made up to the annual exclusion amount of $14,000 ($28,000 for married couples). Money in these plans grows tax-free and is allowed to be withdrawn tax-free as long as the funds are used for educational purposes.

Other gifts. If you pay someone’s tuition or medical expenses (including health insurance premiums) directly to the service provider, this will not count against your annual exclusion or lifetime gift tax exemption. As long as it is paid direct to the provider, you won’t have to file a gift tax return.

By all means, be generous this holiday season. There’s nothing better… except being generous AND availing yourself of the IRS tax advantages for charitable contributions and gifting. If you need advice on specific gifts or anything else, please give me a call.

Happy holidays to you and your family,
Marc Garlett 91024

Estate Planning 91024I love being a parent… well, most of the time. But my parents – and my wife’s parents – tell me there is nothing better than being a grandparent, and the joy they feel about their grandchildren comes with no interruption. And I get it. After all, they get to spoil my kids and focus on connecting with them while leaving all the heavy lifting to my wife and me.

The fact is, many grandparents who enjoy financial freedom are often more than generous to their grandchildren. And some even want to see their grandchildren enjoy an inheritance now instead of waiting to pass along assets after they are gone. If that’s you, consider these 7 points before you make gifts to your grandchildren.

Clarify the gift. Most grandparents make outright gifts with no strings attached. But if you intend to provide a loan or an advance on an inheritance, you should always clarify that in writing.

Equal treatment. It is not unusual for a grandparent to be closer to some grandchildren than others, but when gifting assets, unequal treatment among grandchildren will almost certainly lead to family resentments. Even if you give more to some than others during your life, consider treating all grandchildren equally in your estate plan.

Taxes. With the federal gift tax threshold at $5.34 million (double that for married couples), most people won’t have to worry about paying federal gift taxes. However, any gift to an individual that exceeds $14,000 each year ($28,000 for married couples) must be reported on a gift tax return.

Education. You can help with a grandchild’s college tuition by making payments directly to their educational institution. That doesn’t have to be reported. And there is no limit on these contributions. Investing in a 529 plan for each of your grandchildren is also a great way to help them (and their parents!) save for college, building a tax-deferred account that will never be taxed as long as it is used for educational purposes.

Your own needs. It’s tempting to be overly generous in making gifts to grandchildren, but you should not give to the detriment of your own needs. Finding the right balance will help ensure your children and grandchildren don’t have to support you because you gave too much to them.

Long-term care. Chances are that you will need some kind of long-term care at the end of your life, research shows that most of us will. If you can’t afford long-term care and need help, any gift of assets you have given could make you ineligible for Medicaid benefits for five years.

Consider a trust. There are many reasons why you should not give gifts of cash or assets to grandchildren, some that you may not even be aware of. Lots of cash could be fuel on the fire of bad behavior or undermine your own children’s goals for their children. To make a lasting gift, consider using a trust that will pass assets along to grandchildren safely and protect those assets for their entire lifetimes from bad behavior, bad credit, and even bad marriages.

I see how much my kids love their grandparents. And there’s no doubt, the relationship between grandchildren and grandparents is something special. If you are a grandparent, with just a little planning you can deepen that relationship and have an even greater impact on the lives of your grandchildren.

To your family’s health, wealth, and happiness,
Signature - Marc

Legacy Planning 91024As hard as it is for all of us to “plan” for our deaths, doing so is actually one of the best things you can do for your family. Adding to their grief and pain by giving them no clue as to where to find your personal and business paperwork should not be a memory you leave behind.

Gather the following information in a folder and let your family know where they can find it in case you die unexpectedly or have a health crisis:

Advisors – Provide the name and contact information of any financial advisors, including attorneys, estate planners, CPAs, accountants, etc.

Bank Accounts and Safety Deposit Boxes – Bank name and account numbers for each bank where you have an account. Include PIN numbers for online banking. If you have a personal banker, include his or her name as well, with contact information. If you have a safety deposit box, record the name of the bank, the box number as well as contents of the box and location of the key.

Investment And Retirement Accounts – For investment accounts, provide the name of the brokerage, your personal broker, the location of your statement file, account and PIN numbers. For retirement accounts, provide contact information for plan administrators as well as account and PIN numbers.

Insurance – For all your policies – health, home, car, life, long-term care – provide the name and contact information for the agents as well as account numbers.

Health care – For your health care providers, give contact information for physicians, Medicare information and any other gap coverage you may have.

House – If you still have a mortgage on your home, provide information on your lender and payment due dates. Also provide the location of deeds and property titles. Include contact information for any home service providers – cleaning help, lawn care, etc.

Credit Cards – Make a photocopy of both sides of each credit card and provide balance and payment information.

Vehicles – Provide information on where titles and registration information are kept. Make a photocopy of your driver’s license as well.

Personal – Include a list of your friends and neighbors with email and phone contact information as well as all your email account log-ins and passwords.

This last “gift” on your part will go a long way toward helping your family cope in the immediate aftermath of your death or incapacitation, and ensuring you leave a lasting legacy of love and financial security.

All the best to you and your family,
Signature - Marc

family estate plan 91024Gifting assets can be a useful estate planning tool if you need to reduce your estate tax bill or for long-term care planning purposes. You need to be sure, however, that your gift does not cause any unforeseen problems for you or the person receiving your gift.

Here are five questions you should always ask (and answer) before gifting:

Why is the gift being made? Are you making a gift out of love or is there some estate planning goal you are trying to reach? If it’s the latter, you need to be sure that the transfer of assets will be beneficial to you and your recipient. For example, if you are counting on Medicaid to pay for some of your long-term care, a gift could trigger up to five years of ineligibility unless handled correctly. Contact us or your own personal lawyer to evaluate your options.

Are you keeping enough for your needs? If you are making a large gift, you will need to do some long-term financial planning to ensure your gift does not compromise your future needs.

Are you expecting repayment? If your gift comes with an expectation on your part that you will be repaid, be sure your recipient understands that the gift is coming with these strings attached. Execute a promissory note so all parties are clear on the terms of your gift.

Are you expecting something else in return? If you are gifting property with the expectation that you will be allowed to live there, or gifting assets for someone else to hold for you, you should consider using a trust for these purposes instead. If you don’t, the recipient is legally in control of the gift and if they don’t do what you want with it — or worse, your assets become entangled in a divorce or bankruptcy — this could cause huge problems for you.

Will the recipient benefit from your gift? If your recipient has special needs, a gift could disqualify them from receiving important benefits. If he or she has financial or other problems like alcohol or drug dependency issues, the gift could be detrimental.

One of the best ways for you to gift assets is through a Wealth Creation Trust, which allows you to decide the best time for children or grandchildren to receive your gift and gives them the necessary time and experience to learn how to protect and grow the assets in the trust for future generations.

One of the main goals of my law practice is to help families like yours plan for the safe, successful transfer of wealth to the next generation. Call our office today to schedule a time for us to sit down and talk about a Family Estate Planning Session, where we can identify the best strategies for you and your family to ensure your legacy of love and financial security.

All the best to your and your family,
Signature - Marc