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Scary Claims about Probate Fees and Costs (Fees of the Probate Courts, Executors and Attorneys)

November 26, 2020

Have you heard scary claims that, if you do not have a Living Trust or avoid probate, probate costs and fees may take 50% of your estate? Maybe you weren’t fooled but you may have been confused. We would like to help clear up the confusion.

When we prepared the update of our video series on Estate Settlement in Connecticut, we finished with a new Part 3 which includes a segment on Probate Court fees. Please click here, or on the video link below, to watch Part 3.

Part 3 also covers the fees of Executors and Attorneys and the purpose of a probate accounting. When is an accounting necessary? What information should be included in the account? And, why should your Executor prepare an account?

For a complete description of the estate settlement process, go to our full playlist entitled Estate Settlement in Connecticut.

Part 1 covers the probate process, the probate application, preparation of the inventory, and common issues an Executor should be aware of.

Part 2 covers significant legal issues, tax reporting and payment obligations.

Part 3, partly described above, caps off the presentation with a discussion of accounting duties, probate expenses and common problems faced by an Executor.

Part 3 also covers the fees of Executors and Attorneys and the purpose of a probate accounting. When is an accounting necessary? What information should be included in the account? And, why should your Executor prepare an account?

Please remember to view our other recently updated presentations entitled Basic Estate Planning after the TCJA and Trust Administration in Connecticut.

If you have questions about estate settlement and other related matters including Wills, trusts and estate planning, please contact us. We are here to help.

Richard S. Land, Esq. | Member Chipman Mazzucco Emerson LLC

203-744-1929 ext. 29 rsl@danburylaw.com

Categories: Estate Tax and Estate Planning Developments
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What You Need to Know About Being a Trustee – Video Update

May 17, 2020

Trust law in Connecticut was changed recently so we updated our Trusts and Trust Administration Video.

If you are named as a Trustee in the Will of a relative or friend, there are a number of duties, and related traps, you need to be aware of. Your responsibilities will be many.  It’s easy to get overwhelmed or miss something important. Watch the video below to learn about the duties of a Trustee and common problems Trustees face.

Help others find our informative videos. If you find this video helpful, please “like” it and share it with your friends.
An update of our video on Estate Settlement is in the works. Stay tuned. If you subscribe here: YouTube channel, you’ll be notified as soon as it’s posted.
If you are a trustee who has been struggling to manage a trust, or if you have any basic questions, please contact us. We are here to help.
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Posted by Richard S. Land, Attorney, Chipman Mazzucco  Emerson LLC, Attorneys at Law, Danbury, CT, 06810, 203-744-1929 x29, rsl@danburylaw.com.

Categories: Elder Law Planning for Incapacity and Long Term Care, Estate Settlement, Estate Tax and Estate Planning Developments, Trust Administration
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Let’s Talk About Estate Planning (Ounce of Prevention Episode 2)

May 17, 2020

On March 5, 2020, Attorney Timothy Herring, the head of Chipman Mazzucco Emerson’s litigation practice area, launched the Ounce of Prevention podcast. The first episode is entitled What Does a Litigator Actually Do?  Listen to the first episode here: Episode One: What Does a Litigator Actually Do?

Liz Hartery

On March 31, 2020, Attorney Liz Hartery, of Chipman Mazzucco Emerson’s estate planning and probate group, appeared as a guest on Tim’s second episode entitled Let’s Talk About Your Estate Planning.  Listen to Liz’s comments on estate planning here: Episode Two: Let’s Talk About Your Estate Plan.

Estate plans are so much more than just a Will. Tim and Liz have a light-hearted discussion covering a number of estate planning options and techniques including living trusts, living wills, how to deal with difficult family issues, and what people need to know about pet trusts.

Subscribe to the Ounce of Prevention podcast. In each episode, Tim will focus on a specific legal issue and how it could impact your everyday life.

The goal of the podcast is to educate and inspire our listeners to harness the law to make life just a little bit easier.

For more information about topics mentioned in the podcast, contact Tim Herring at 203-744-1929 x19 or tmh@danburylaw.com. Visit our website at https://www.danburylaw.com/ to learn more.

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Richard Land

Posted by Richard S. Land, Attorney, Chipman Mazzucco  Emerson LLC, Attorneys at Law, Danbury, CT, 06810, 203-744-1929 x29, rsl@danburylaw.com.

Categories: Elder Law Planning for Incapacity and Long Term Care, Estate Settlement, Estate Tax and Estate Planning Developments, General Information and Announcements About CME, Planning for Disability and Incapacity, Trust Administration
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Thank You, From All of Us

May 16, 2020

The Chipman Mazzucco Emerson attorneys and staff would like to thank all of the Health Care Providers and First Responders who are working on the frontlines during the COVID-19 Pandemic.

Frontline Estate Plan Package

Just as you are helping all of us, we would like to help you. A link at the end of the video will bring you to information about our special Frontline Estate Planning Package offered at a well-deserved savings for health care providers and first responders. We sincerely hope that you will forward this within your organizations or to anyone close to you on the frontlines.

Alyson R. Marcucio

Posted by Alyson R. Marcucio, Attorney, Chipman Mazzucco  Emerson LLC, Attorneys at Law, Danbury, CT, 06810, 203-744-1929 x40, arm@danburylaw.com.

Categories: Estate Tax and Estate Planning Developments, General Information and Announcements About CME, Planning for Disability and Incapacity
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Complimentary Online Estate Plan Review

May 15, 2020

Does the pandemic have you worried about whether your existing estate plan works for you now?

Or maybe you are simply using the enforced quarantine time to catch up on important things that you keep putting off.

Either way, Chipman Mazzucco Emerson has an easy way to guide you through what you need to know to make sure your estate plan is updated and meets your current needs.

Our complimentary updated Online Estate Plan Review asks a series of specific questions that will alert you to issues you should address to make certain your plan still works. The latest version of this program covers a number of recent law changes, including:

  • The Tax Cuts and Job Act of 2017
  • SECURE Act of 2019
  • Numerous changes in State and federal estate tax exemptions

You can complete the process in ten to fifteen minutes. When you are finished, you’ll receive a detailed personalized report that identifies issues that require your attention.   Here is our new video explaining how the review works and how to register for your personalized report.

To access our complimentary Online Estate Plan Review, please click on the link or image below:

Complimentary Online Estate Review Plan

We hope our online estate plan review helps you.  If you have questions about the review, please call.

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Posted by Richard S. Land, Attorney, Chipman Mazzucco  Emerson LLC, Attorneys at Law, Danbury, CT, 06810, 203-744-1929 x29, rsl@danburylaw.com.

Categories: Elder Law Planning for Incapacity and Long Term Care, Estate Settlement, Estate Tax and Estate Planning Developments, Income Tax: Tax Cuts and Jobs Act, Planning for Disability and Incapacity
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Estate Planning After the Tax Cuts and Jobs Act

May 12, 2020
richard

Richard S. Land, Attorney

To help you face your estate planning challenges, we have updated our Basic Estate Planning video presentation to cover the Tax Cuts and Jobs Act (effective January 1, 2018) and the SECURE Act (effective January 1, 2020).  You can take a look at the video here (Basic Estate Planning After the Tax Cuts and Jobs Act) or below.

Here is a very brief summary of what the videos cover:

Parts 1 and 2:  No matter where you live (or die), your estate plan can be destroyed if you don’t know the difference between probate property and non-probate property.  We cover this distinction in Part 1.  We also cover what a trust is and how a trust can help accomplish certain estate planning goals:  protecting assets from the beneficiary’s creditors and risks; asset management for a beneficiary who needs management help; estate tax reduction; and more.  We acknowledge that the unfortunate Connecticut estate tax exists (and many other states do not have an estate tax) but, in most cases, we can help with effective workarounds.  Part 2 covers Connecticut and federal estate taxes (also New York estate taxes) including how life insurance death benefits are taxed for estate tax purposes.

Parts 3 and 4:  Your Will can include provisions that reduce or eliminate estate taxes.  Parts 3 and 4 describe such Wills.  Danger: Existing Wills with old estate tax provisions can have the unintended effect of disinheriting a spouse.  We cover how to deal with such a risk.  We also cover new rules allowing one spouse to give his or her federal estate tax exemption to the surviving spouse.  The surviving spouse’s federal estate tax exemption could be more than $11,580,000.  In addition, we cover Will provisions that can protect assets from a beneficiary’s long term care costs.

Parts 5 and 6:  Not all trusts that are designed to save estate taxes are the same.  Part 5 compares the different types of trusts.  As Part 5 ends, we begin a discussion of common estate planning mistakes and Part 6 continues the discussion.

Parts 7 and 8:  These parts cover estate tax and income tax planning for retirement accounts such as 401(k) accounts and IRAs.

Part 9 to Part 13:  These parts include a complete discussion of revocable living trusts with a comprehensive comparison between a plan that uses a revocable trust and a plan that relies on a Will without making use of a revocable living trust.  Part 13 ends with a description of how Connecticut probate court fees are calculated.

Part 14:  This part covers the basic gift tax rules and techniques.

Part 15:  This is the final part and covers gifts of life insurance policies with brief mention of other advanced gift techniques.

We hope our updated basic estate planning videos help you.  If you have questions about any of the estate planning concepts mentioned in the video, please call.

185775_1745456110853_1072275011_31952001_6630745_n[1]Posted by Richard S. Land, Attorney, Chipman Mazzucco  Emerson LLC, Attorneys at Law, Danbury, CT, 06810, 203-744-1929 x29, rsl@danburylaw.com.

 

Categories: Estate Tax and Estate Planning Developments, Planning for Disability and Incapacity
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Seminar: How Resilient is Your Estate Plan? Will Your Plan Work as Things Change?

October 8, 2019

Estate Planning Seminar!

October 17, 2019

We invite you to a free seminar on October 17, 2019, at the Ethan Allen Hotel in Danbury, Connecticut (21 Lake Avenue Ext).

Topic: How Resilient is Your Estate Plan?

The presentation will start at 6:30 PM.

To register, call 203-744-1929 (please provide your email address) or email us at dvv@danburylaw.com.  You also can register here: Seminar Registration.

Informative and fun. Come learn and have a great time.

We intend to cover changes of all kinds (not just law and taxes) that will most affect your estate plan.

Reconnect with all the attorneys in our estate planning and probate practice group.

Topics include:

  • Probate Courts
  • Issues related to Change of Residence
  • Coping with the Surge of Conservatorship Proceedings
  • How Estate Planning Changes with Each Stage of Life
  • Changes in Law that Could Affect Your Estate Plan.

The presentation will start at 6:30 PM. Light refreshments will be served.

To register, click below or call us at 203-744-1929 or email us at
dvv@danburylaw.com.

REGISTER HERE

The Presenters and Their Topics:

Richard L. Emerson

Topic: Insights from a Former Probate Judge

The Probate Courts have been affected by important changes. Attorney Richard L. Emerson will inform us about the workings of the Probate Courts as only a former Probate Court Judge can.

Attorney Richard L. Emerson served as the Probate Judge in Redding, Connecticut, for over thirty years. His legal practice concentrates on estate administration, probate, estate planning, trust and estate disputes and general corporate representation. He also has mediated contested probate matters and has appeared as an expert witness for other attorneys.

James J. Flaherty, Jr.

Topic: Thinking About Moving Out of Connecticut? Consider
This.

We often hear about people moving out of Connecticut. Is this merely a case of “the grass is always greener…”? James J. Flaherty, Jr., will discuss issues related to a change of residence. Whether you stay or go, if you are wondering about leaving, this is information you need.

Attorney James J. Flaherty, Jr., practices from the firm’s Southbury office and is a member of the estate planning and probate group. Jim’s practice focuses on assisting high net worth individuals, including closely held business owners, in the creation of wealth succession plans. In addition to estate planning, Jim works with individuals on Medicaid (Title 19) and asset protection planning.

Alyson R. Marcucio

Topic: Coping with the Surge in Conservatorship
Proceedings

The increasing number of conservatorship proceedings creates additional demands on our Probate Courts. Alyson R. Marcucio will discuss planning steps to work around crowded court dockets and long wait times.

Attorney Alyson Marcucio is a member of the firm’s estate planning and probate group, with an emphasis on elder law and
planning for those who have chronic disabilities. Alyson’s practice includes long term care, incapacity and special needs planning, eligibility for Medicaid and other public benefits, and conservatorship proceedings.

 

Elizabeth J. Hartery

Topic: Estate Planning for Each of Life’s Stages

Life is often thought of as having twelve stages. Estate planning starts with the sixth stage and ends with the twelfth: late adolescence; early adulthood; midlife; mature adulthood; late adulthood; and death and dying. Liz Hartery will discuss how the planning focus changes as we pass through each stage.

Attorney Elizabeth J. Hartery is an associate in the firm’s estate planning and probate group, assisting with estate planning, estate settlement, probate matters, and elder law issues.

 

Richard S. Land

Master of Ceremonies

Attorney Richard S. Land heads up the firm’s estate planning and probate group, helping individuals from all walks of life to manage and dispose of their assets in an orderly fashion through lifetime transfers and through transfers at death by wills and trusts.

Richard has authored and produced dozens of educational videos on estate planning and trust and estates topics, authored several computer generated estate planning document assembly systems and authored an online estate plan review program.

No Admission Charge

Our seminars are always strictly educational and well attended.  Space is limited so please let us know if you plan to attend.

Light snacks, desserts and beverages will be offered.

To register, click on this link: Seminar Registration.

Please join us at the Ethan Allen Hotel (21 Lake Avenue Ext., Danbury, CT) on October 17, 2019.

We look forward to seeing you.

Chipman Mazzucco Emerson LLC
Attorneys at Law
44 Old Ridgebury Road
Suite 320
Danbury, CT 06810
203-744-1929

 

Categories: Elder Law Planning for Incapacity and Long Term Care, Estate Tax and Estate Planning Developments, Income Tax: Tax Cuts and Jobs Act, Planning for Disability and Incapacity, Seminar Announcement
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Estate Planning for Beginners; Elder Law in a Nutshell; How to Make Certain Your Estate Plan Works as Everything Else Changes

September 30, 2018

FREE Estate Planning Seminar!

October 25, 2018

We invite you to a free seminar on October 25, 2018, at the Ethan Allen Hotel in Danbury, Connecticut (21 Lake Avenue Ext).

Topics: Estate Planning for Beginners and Elder Law in a Nutshell

Including: How to Make Certain Your Estate Plan Works as Everything Else Changes (including Trump Tax Changes)

The presentation will start at 6:30 PM. For more information, click here:  Seminar October 25.

To register, call 203-744-1929 (please provide your email address) or email us at dvv@danburylaw.com.  You also can register here: Seminar Registration.

The presenters and their topics:

Make Certain Your Estate Plan Works as Everything Else Changes

As everything around you changes, you may not recognize the impact the changes have on your estate plan.

Laws change; your health and financial condition change; the health and financial condition of your beneficiaries change; maybe your beneficiary designations change as your assets change; and the fates of the people you are depending on to act as your Executors, Trustees, agents under a power of attorney and health care representatives change.

Attorney Richard S. Land will discuss how to make certain that such changes will not interfere with, or totally disrupt, your estate plan.

Elder Law in a Nutshell

Alyson's Favorite Photo

What is Elder Law and how can an Elder Law attorney help you through the complex issues associated with aging?

The special needs of the elderly are not unique to the elderly, however. Persons of all ages may suffer from chronic conditions resulting in special needs requiring specialized legal help.

Attorney Alyson Marcucio will cover legal issues and solutions related to the special needs of the elderly and all others with special needs.

Estate Planning for Beginners: Features of Wills, Trusts and Powers of Attorney

 

What is the difference between a will and a revocable trust? What are the powers in a Power of Attorney? Do I even need an estate plan?

Attorney Elizabeth J. Hartery will answer those questions and many others in her presentation, which will explain the basic features of wills, trusts, Powers of Attorney, living wills and more.

 

No Admission Charge

Our seminars are always strictly educational and well attended.  Space is limited so please let us know if you plan to attend.

Light snacks, desserts and beverages will be offered.

To register, click on this link: Seminar Registration.

Please join us at the Ethan Allen Hotel (21 Lake Avenue Ext., Danbury, CT) on October 25, 2018.

We look forward to seeing you.

Chipman Mazzucco
Attorneys at Law
44 Old Ridgebury Road
Suite 320
Danbury, CT 06810
203-744-1929

 

Categories: Elder Law Planning for Incapacity and Long Term Care, Estate Tax and Estate Planning Developments, Income Tax: Tax Cuts and Jobs Act, Planning for Disability and Incapacity, Seminar Announcement
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Good News about Connecticut Estate Taxes (Avoid Accidental Disinheritance of Surviving Spouse)

November 26, 2017

Good News about Connecticut Estate Taxes. Governor Malloy recently signed a new state budget into law, including significant changes to the Connecticut estate tax exemption that will phase in over the next three years.

The current exemption of $2 million will be increased to $2.6 million in 2018; $3.6 million in 2019; and will be set to match the federal estate tax exemption (currently $5.49 million) in 2020 (after Connecticut made the change to its exemption, the federal exemption was increased to $11,000,000; how Connecticut will react is unclear). While this is good news for those who are worried about estate taxes at death, it could also cause unintended consequences for those with a particular kind of estate plan designed to avoid or minimize estate taxes.

Warning for Surviving Spouses! In many cases, the surviving spouse could be disinherited as the estate tax exemption increases over time. Under the terms of many Wills and revocable trust agreements, the increasing estate tax exemption will effectively shift more of the estate away from the surviving spouse and to an “Exemption Trust” or to family members other than the surviving spouse.

The Devil is in the Details. Many married couples in Connecticut, who expected their combined estates to exceed the pre-2018 $2,000,000 estate tax “exemption,” chose an estate plan (an “Exemption Trust Plan”) that distributes a portion of the estate that is equal to the estate tax exemption into a trust (the “Exemption Trust”) for the benefit of the surviving spouse and descendants. Usually, in an Exemption Trust Plan, the remaining assets pass either outright to the surviving spouse or to a “Marital Trust” for the surviving spouse’s benefit.

The Exemption Trust Plan eliminates the estate tax when one spouse passes away with the other spouse surviving. By the time both spouses have passed away, two exemptions ($4,000,000—the exemptions of both husband and wife) have shielded up to $4,000,000 from the Connecticut estate tax.

The Exemption Trust Plan uses a formula based on the size of the exemption available at the time of death. As the exemption increases, more passes to the Exemption Trust leaving less to pass to the surviving spouse. For example, suppose that you chose the Exemption Trust Plan when you prepared your documents many years ago and suppose that, when you pass away, your estate is worth $5 million. If you were to pass away in 2017, that would mean $2,000,000 (the 2017 Connecticut exemption) would go to the Exemption Trust, while the remaining $3,000,000 would go to your surviving spouse, either outright or in trust. However, if you were to pass away in 2020. after the new estate tax exemption reaches its maximum, your entire estate of $5 million would go to the Exemption Trust, with nothing left for the surviving spouse.

Avoid Accidental Disinheritance of Surviving Spouse. This accidental disinheritance of the surviving spouse can be avoided with proper planning. For example, documents could be amended to modify the formula described above, perhaps requiring that a minimum amount will pass to the surviving spouse regardless of the estate tax exemption that would apply at death. This would be particularly helpful in plans where the marital share is supposed to pass outright to the surviving spouse, since it would guarantee some kind of outright gift to the spouse.

If you have an estate plan that could be impacted by these new tax changes, or if you simply have not revisited your estate plan in some time, please contact our office to discuss the best way to take care of your family after you pass away.

Posted November 26, 2017, by Chipman, Mazzucco, Land & Pennarola, LLC.  For a related treatment of the topic see: Video on Basic Estate Planning after ATRA Updated for 2017.

Categories: Estate Tax and Estate Planning Developments
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Video of October 5, 2017, Seminar Posted to YouTube

November 26, 2017

On November 19, 2017, we posted to YouTube the video of our annual fall estate planning seminar (held on October 5, 2017).

senior couple in parkIn Part I (How to Make Certain Your Estate Plan Works as Everything Else Changes), Richard S. Land covers the reasons why an estate planning review might be necessary. Approximately 40 minutes.

In Part II (Senior Autonomy: A Guide to Families as Roles are Reversed), Alyson Marcucio covers planning to maximize autonomy throughout the elder care continuum: health and ability issues (powers of attorney, living trusts, conservatorships, living wills and other health care directives); home care and alternatives (independent living, assisted living, retirement communities, nursing homes); the cost of care and how to plan for it; and public benefits to help pay for care. Approximately 40 minutes.

Both Part I and Part II include planning strategies for the prevention of financial elder abuse including properly structured estate planning powers of attorney, living trusts and related documents.

Although the turnout was great (as usual), many of you could not attend. Here is your chance to find out what you missed. Click on the images below to go to the presentations.

We hope these videos are helpful.  Please let us know if you have any questions.

Chipman Mazzucco
Attorneys at Law
Matrix Corporate Center
39 Old Ridgebury Road
Suite D-2
Danbury, CT 06810
203-744-1929

Categories: Elder Law Planning for Incapacity and Long Term Care, Estate Tax and Estate Planning Developments, Planning for Disability and Incapacity
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