2014 Most Read Wills & Estate Planning Articles May Surprise You

Welcome to my first post of 2015!  In case you’re curious, below are the top ten most read articles in 2014 over at my Wills & Estate Planning Guidesite on About.com:

  1. See How the Federal Estate Tax Exemption Has Changed Since 1997
  2. How to Find a Deceased Person’s Will
  3. See How the Gift Tax Annual Exclusion Has Changed Since 1997
  4. Will Your Inheritance Cost You in Taxes?
  5. State Estate Tax and Exemption Chart
  6. 2014 State Death Tax Exemption and Top Tax Rate Chart
  7. State Inheritance Tax Chart
  8. How to Locate Online Probate Court Dockets and Request Copies of Documents
  9. What is a Revocable Living Trust?
  10. What Are the Grounds for Contesting a Will?

If you’re interested in reading any of the articles, simply click on the article name.

Well, that is certainly a hodge podge of topics, isn’t it?  – estate, inheritance and gift taxes, wills, probate dockets, revocable living trusts, will contests – but then again, estate planning covers a hodge podge of topics, that’s why my Guidesite currently has 19 different categories!

The final count on page views for my Wills & Estate Planning Guidesite in 2014 topped 8.4 million, so thanks to all of my readers for reading and my newsletter subscribers for subscribing – if you’re not a newsletter subscriber yet, you can sign up here:  Weekly Wills & Estate Planning Newsletter.

2015 U.S. State Death Taxes – A Primer on Where They’ve Been and What’s Changing

As the U.S. federal estate tax exemption continues to increase to astronomical levels (the 2015 exemption will be $5,430,000 per person), several U.S. states that collect a death tax are either trying to become more attractive tax-wise to retirees, blowing it all out and keeping pace with the federal exemption, or making the state death disappear once and for all.

While the following U.S. states will collect some form of a death tax in 2014 – Connecticut, District of Columbia, Hawaii, Illinois, Iowa, Kentucky, Maine, Maryland, Massachusetts, Minnesota, Nebraska, New Jersey, New York, Oregon, Pennsylvania, Rhode Island, Tennessee, Vermont, and Washington –in 2015 the following eight states will see changes to their state death tax laws:

   Delaware enacted an estate tax that was only supposed to be around between July 1, 2009 and June 30, 2013. Instead, the Delaware legislature acted in the spring of 2013 to keep the estate tax up and running and it is still being collected today.  The Delaware exemption is adjusted for inflation each year so that it matches the federal exemption, so in 2015 the Delaware exemption will be $5,430,000, up from $5,340,000 in 2014.  Refer to Overview of Delaware Estate Tax Laws for more information.

◊   Hawaii enacted an estate tax that went into effect on May 1, 2010.  Back then the exemption was only $3,600,000, but in May 2012 the Hawaii legislature tweaked the estate tax laws to tie the Hawaii exemption to the federal exemption for deaths occurring after January 25, 2012.  Therefore, the 2015 Hawaii exemption will be $5,430,000, up from $5,340,000 in 2014.  Note that Hawaii is also the only state that currently recognizes portability of its exemption between married couples.  Refer to Overview of Hawaii Estate Tax Laws for more information.

◊   Maryland has had a $1,000,000 estate tax exemption for many years.  However, in May 2014 the Maryland legislature made significant changes to the estate tax laws, including increasing the exemption on an annual basis until it matches the federal exemption in 2019.  Therefore, in 2015 the exemption will increase to $1,500,000.  Aside from this, Maryland will begin recognizing portability of its estate tax exemption between married couples in 2019.  Refer to Maryland Estate Tax Changes Go Into Effect in 2015 for more information about the 2014 legislation.

◊   Minnesota made some crazy changes in 2013 by enacting a state gift tax which was then retroactively repealed in 2014.  In addition, the estate tax exemption was retroactively increased from $1,000,000 to $1,200,000 for 2014 deaths and the estate tax rate was modified so that the first dollars are taxed at 9% and maxes out at 16%.  The estate tax exemption will then increase in $200,000 increments until it reaches $2,000,000 in 2018, so the 2015 exemption will be $1,400,000.  Finally, married couples can now use ABC Trust planning to defer the payment of all estate taxes until after the death of the second spouse.  Refer to Overview of Minnesota Estate Tax Laws for more information.

◊   New York joined the mix of states making changes to estate tax laws in April 2014.  And of course New York had to do things a little different.  Instead of making it easy and having the changes go into effect either retroactively back to the first of the year or not beginning until 2015, the New York exemption is $2,062,500 between April 1, 2014 and March 31, 2015, and then increases to $3,125,000 between April 1, 2015 and March 31, 2016.  The New York exemption will then continue to increase until it matches the federal exemption in 2019.  Refer to Overview of Changes to the New York Estate Tax Exemption Between 2014 and 2019 for more information.

◊   Rhode Island increased its estate tax exemption from $675,000 to $850,000 for deaths occurring in 2010 and began adjusting the exemption for inflation on an annual basis for deaths occurring in 2011 and beyond.  Nonetheless, in June 2014 the legislature was at it again, and so the Rhode Island exemption will increase from $921,655 in 2014 to $1,500,000 in 2015, and the exemption will then be adjusted annually for inflation in future years.  Refer to Changes are Coming to Rhode Island Estate Taxes in 2015 for more information.

◊   Tennessee acted in May 2012 to repeal its state gift tax retroactively to January 1, 2012 and phase out the state death tax by 2016 (note that the Tennessee death tax is referred to as an inheritance tax in the Tennessee statutes, but its really an estate tax).  The Tennessee inheritance tax exemption will therefore increase from $2,000,000 in 2014 to $5,000,000 in 2015.  Refer to Overview of Tennessee Inheritance Tax Laws for more information.

◊   Washington tweaked its state estate tax laws in June 2013 in several ways.  First, the $2,000,000 is now indexed for inflation annually.  Therefore, the exemption will increase from $2,012,000 in 2014 to $2,054,000 in 2015.  Second, the estate tax rates for the top four brackets were increased by one percentage point so that the top rate is now 20% for taxable estates valued at least $9,000,000.  Finally, certain family-owned businesses now receive an estate tax exemption of up to $2,500,000.  Refer to Overview of Washington Estate Tax Laws for more information.

For more information about U.S. state death taxes, refer to the following:

Where Should You Retire? It Depends on Who You Ask

A recent survey conducted by MoneyRates.com used the following factors to determine the list of the best and worst U.S. states for retirees:

  • The size and growth of the senior population
  • Economic factors
  • Crime
  • Weather
  • Life expectancy at age 65

Based on these five factors, Moneyrates.com found that the top ten states for retirees are as follows:

  1. Hawaii
  2. Iowa
  3. Idaho
  4. Florida
  5. Vermont
  6. Arizona
  7. Colorado and Maine (tie)
  8. Virginia
  9. Montana
  10. New Hampshire

Hmm.  Back in May, a similar survey conducted by Bankrate.com didn’t have Hawaii or Florida ranked among the top ten.  In fact, Hawaii didn’t even make the top twenty or thirty – Hawaii ranked #46 – and Florida barely made it into the top thirty – Florida ranked #39.

The factors Bankrate.com used to compile its list were as follows:

  • Cost of living
  • Crime rate (violence and property crimes)
  • Health care quality
  • State and local tax burden
  • Personal well-being
  • Weather

Using these six factors, below are the top ten U.S. states for retirees according to Bankrate.com’s survey:

  1. South Dakota
  2. Colorado
  3. Utah
  4. North Dakota
  5. Wyoming
  6. Nebraska
  7. Montana
  8. Idaho
  9. Iowa
  10. Virginia

So where should you retire?  Wherever you feel the most at home.

Photo: Aerial View of Hanalei National Wildlife Refuge, U.S. Fish and Wildlife Service

Lawmakers Consider Changes to New Jersey’s Death Tax Laws

New Jersey is one of those rare states that collects not just one, but two death taxes.  First, New Jersey residents are subject to a death tax on their estate if the value exceeds a measly $675,000 – this is called the New Jersey estate tax.  Second, certain relatives and all non-relatives who inherit from a New Jersey resident (including brothers, sisters, nieces, nephews, and friends) are subject to a death tax on the amount they inherit – this is called the New Jersey inheritance tax.

Both Indiana and North Carolina repealed their state death taxes in 2013.  In addition, multiple states have tweaked their state death tax laws over the past few years to make them, well, for lack of a better phrase, less taxing – this includes Maryland, Minnesota, New York, Rhode Island, Tennessee (where the state death tax will go away for good in 2016) and Washington.  With all of these recent favorable state death tax moves, it should come as no surprise that New Jersey lawmakers are considering changes to their state’s death tax laws since New Jersey not only collects two death taxes, but also has the lowest estate tax exemption by nearly $250,000 (the state exemptions currently range from $921,655 in Rhode Island – which will increase to $1.5 million beginning in 2015 – to $5.34 million in Delaware and Hawaii).

While Governor Chris Christie supports raising the estate tax exemption to $1 million, some lawmakers would go as far as to completely repeal both death taxes, while others would raise the estate tax exemption to match the federal exemption (which is currently $5.34 million; this is the route that both Maryland and New York have taken).  According to Ashlea Ebling of Forbes, there are currently 21 bills that have been introduced to make changes to New Jersey’s estate tax, inheritance tax, or both.  Nonetheless, with New Jersey’s well-publicized budgetary problems and death taxes bringing in $700 million in revenues annually, it appears that the death tax debate is raging at the wrong time.

So will lawmakers be able to make death less taxing in New Jersey?  I predict that at the very least the estate tax exemption will be increased to $1 million, but the inheritance tax will remain untouched.  Stay tuned to see if I’m right.

Photo: John Francis Bongiovi, Jr., known publicly as Jon Bon Jovi, a New Jersey native

Changes Are Coming to Rhode Island Estate Taxes in 2015

On the heels of changes made in Maryland and New York, Rhode Island is the latest state to tweak its state estate tax laws. Currently Rhode Island has the second lowest state estate tax exemption, an odd $921,655 due to the exemption increasing from $675,000 to $850,000 in 2010 and then being indexed for inflation thereafter.  Currently New Jersey has the lowest state estate tax exemption, a whopping $675,000, while the exemptions in the other handful of states that still collect a state estate tax range from $1,000,000 to $5,340,000.

Now, a mere four years later, Rhode Island lawmakers are at it again. This time they decided to increase the estate tax exemption from $921,655 to $1,500,000 for deaths occurring on or after January 1, 2015.  The exemption will then be indexed for inflation in 2016 and future years based on the Consumer Price Index for all Urban Consumers (CPI-U).  Lawmakers also eliminated the so-called “cliff tax” which resulted in an estate being taxed on its full value once it exceeded the value of the estate tax exemption.  Starting in 2015, an estate will only be taxed on the amount by which exceeds the exemption.  The estate tax rate was not changed.

Photo: “RIstatehouse” by Loodog at en.wikipedia – Transferred from en.wikipedia to Commons by User:Pauk using CommonsHelper.. Licensed under Creative Commons Attribution-Share Alike 3.0 via Wikimedia Commons – http://commons.wikimedia.org/wiki/File:RIstatehouse.JPG#mediaviewer/File:RIstatehouse.JPG