Youth Genius
Posted by Michelle Moquin on September 21st, 2009
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September 21st, 2009 at 8:35 am
How to Protect Your Assets from Creditors and Lawsuits
Robert S. Keebler, CPA, MST
Virchow, Krause & Co., LLP
Your personal assets are vulnerable to the claims of creditors, the government, individuals who might sue you, and, perhaps, an ex-spouse. What can you do to protect them? Here are sound ways to use the tax law and other means to protect your assets…
COMPREHENSIVE APPROACH
There’s no single action to bulletproof your assets from claims. You need to look at all aspects of your personal and business activities. Areas for review…
Insurance coverage. The liability limits on most homeowners’ and auto insurance policies are too low in light of the size of many of today’s personal injury awards.
Solution: Add umbrella coverage, which picks up where those other policies leave off. For example, a $5 million liability policy will cost about $1,200 a year. Other insurance to assess…
If you are a professional (such as a doctor, attorney, or accountant), carry adequate professional liability coverage, also known as malpractice insurance, with an unlimited duration. Continue coverage, even after you’ve retired from practice, usually with a one-time premium (that covers you against future claims arising from actions taken before you retired).
If you serve on a board of directors, including one for a nonprofit organization, make sure that the organization carries directors’ and officers’ coverage to protect you from claims arising from actions you took (or did not take) in your capacity as board member.
Prenuptial agreements. Those concerned with protecting property acquired prior to a marriage, or ensuring the rights of children from a former marriage, should use a prenuptial agreement. This kind of contract spells out property rights, among other things, and can protect your assets from your spouse’s claims should your marriage fail.
If using a prenuptial agreement to protect retirement plan assets, be sure to have your new spouse sign a waiver of his/her rights to those assets. The waiver must be signed after you get married. A prenuptial agreement does not work to protect retirement plan assets in the absence of such a waiver.
If you are already married but don’t have a prenuptial agreement, consider a postnuptial agreement to accomplish the same goals.
Business organization. Anyone owning a business should consider using a type of organization that provides personal liability protection — a corporation or limited liability company can do this. However, owners should understand the limits of these legal protections. For example, a corporate shareholder who personally guarantees a third-party loan to his corporation is personally liable for the debt if the corporation fails to pay — incorporation does not give any protection in this situation.
State of residence. Some states offer special protection for certain assets. For example, Florida allows residents unlimited protection for personal residences. Texas and Wisconsin exempt all IRAs from creditor claims.
RETIREMENT AND EDUCATION SAVINGS PLANS
Retirement plans and IRAs. Investments held in qualified retirement plans, such as 401(k) accounts, enjoy federal asset protection (meaning they are protected against all creditors) because of the Employee Retirement Security Act of 1974 (ERISA) and the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005.
Limitation: While funds in rollover IRAs are fully protected, there is a $1 million limit on protection for assets in a contributory IRA (as opposed to a rollover).
Rollover strategy: When rolling over funds from a qualified plan to an IRA, use an account that is separate from any contributory IRA to gain unlimited protection for the rolled over amount. Do not make any additional contribution to the rollover account — continue to keep it separate from any contributory IRAs.
Option: When leaving a job or retiring, for even stronger asset protection consider keeping funds within a qualified plan rather than rolling them over to an IRA. ERISA protection for assets held in a qualified retirement plan is “impenetrable,” meaning that creditors cannot get the funds under any circumstances. IRA funds enjoy only bankruptcy protection, so unless you go bankrupt, your funds are vulnerable.
Education savings plans. Funds held in 529 plans maintained by a state or eligible institution are exempt from creditors’ claims in case of bankruptcy.
Requirement: The account beneficiary must be the debtor’s child, grandchild, stepchild, or step-grandchild.
Limitation: Funds contributed within one year of filing for bankruptcy are not exempt from creditors’ claims. Contributions made more than one year but less than two years before filing are protected only up to $5,000 — full exemption applies after two years. Note: Your state may offer greater protection for 529 plan assets than allowed under the federal bankruptcy law, and you can choose this state protection over federal protection.
TRUSTS
Assets held in a trust for a beneficiary generally are protected from creditors’ claims — if the right type of trust is used. Options…
Spendthrift trust. This is a trust that includes a clause preventing undistributed income and principal from being used to satisfy the claims of a beneficiary’s creditor. For example, the beneficiary cannot assign his interest in the trust to a creditor to satisfy a debt. Usually, this type of trust is used only for a beneficiary other than the person who sets up the trust, such as that person’s spouse, child, or grandchild.
Caution: Asset transfers to a trust may be subject to gift tax (depending on the size of the gifts and who the beneficiary is).
Domestic asset protection trust. This trust is designed to protect the assets of the trust’s creator from claims of his own creditors. Only certain states allow them — Alaska, Delaware, Nevada, Rhode Island, and Utah. Whether a resident of another state can protect assets by setting up a trust in one of these states has yet to be tested in court, so, for now, asset protection trusts probably work best for residents.
Foreign trust. Set up in jurisdictions that do not enforce judgments of US courts, these trusts are not necessarily unreachable. Before using them, discuss asset protection with an attorney who specializes in the subject.
LONG-TERM CARE
Needing long-term care because of accident-related injuries or chronic illness can be financially devastating. AARP estimates that 60% of those over age 65 require some type of long-term care during their lives. Many people don’t realize that standard medical policies and Medicare do not cover this type of care, which can quickly wipe out a lifetime of personal savings.
Solution 1: Those with a sizable chunk of assets to protect (generally, $500,000 or more) should consider buying a long-term-care insurance policy. For federal income tax purposes, part of the premium is a deductible medical expense (the portion depends on current age). State law may provide additional tax breaks (for example, in New York, there’s a 20% tax credit for all such premiums).
Solution 2: Those with more modest assets, who cannot afford long-term-care premiums, should consider transferring almost all their assets (other than assets exempt under Medicaid) to family members in order to qualify for Medicaid, which does pay for long-term care.
Plan ahead: Transfers made within 60 months of a Medicaid application are taken into account in determining eligibility and may prevent this government assistance.
Those with family histories of chronic diseases that typically require long-term personal care not covered by regular medical insurance policies, such as Alzheimer’s disease, should discuss long-term planning with a knowledgeable elder law attorney. (Find one near you through the National Academy of Elder Law Attorneys Web site, http://www.naela.org.)
Tax Hotline interviewed Robert S. Keebler, CPA, MST, partner, Virchow, Krause & Co., LLP, a CPA and consulting firm, 1400 Lombardi Ave., Green Bay, Wisconsin 54304. Mr. Keebler is author of A CPA’s Guide to Making the Most of the New IRAs (American Institute of Certified Public Accountants).
September 21st, 2009 at 8:43 am
Thanks Michelle for your kindness.
Guam is getting smarter.
+++++++++++++++++++++++++++
Guam – The University of Guam welcomes 3,550 students to campus for the Fall 2009 semester, a 4.8% increase over the prior year and the highest enrollment since 1999.
“The Fall 2009 enrollment numbers continue a trend of increasing enrollment over multiple years,” said UOG President Robert Underwood. “The quality of our programs and multiple outreach efforts at various levels continue to attract students to campus, including the 781 new undergraduate students who chose to come to the University of Guam this semester.”
Of the 3550 students enrolled for Fall 2009, 61% are female and 39% are male, while 92% describe themselves as Asians or Pacific Islanders. Additionally, 134 students transferred to UOG from other institutions, an increase of 34% over the Fall 2008 figure of 98.
===========================
I may go back myself.
Hafa Adai
Anna
September 21st, 2009 at 9:22 am
Hafa adai
What is with you crazy Chamorros on the mainland? Do’t you know that sending snakes to Guam can devastate the Island? Look what the brown snake has done. It killed off the entire population of Guams hundreds of different bird population.
If that won’t deter you then this article about being sentenced for doing it might.
_________________________________
SENTENCING: Man who mailed python to Guam will be sentenced tomorrow
PACIFIC DAILY NEWS • NEWS@GUAMPDN.COM • SEPTEMBER 21, 2009
Read Comments(6) RecommendPrint this pageE-mail this articleShare
9:40 a.m. — A man who pleaded guilty to illegally mailing a three-to-five-foot python to Guam last year will be sentenced tomorrow.
In June, Jess Vince B. Duenas admitted to sending his cousin, Joseph Brian Fernandez Borja, a python he bought in California in 2008.
Borja has already been sentenced to a probation term and a $1,000 fine for the crime. District Court of Guam Judge Joaquin Manibusan is scheduled to sentence Duenas tomorrow morning.
Like, Borja, Duenas will mostly likely receive the minimum allowable sentence because he cooperated with the government, according to his plea agreement.
The plea agreement states that Duenas, at the request of his cousin, “purchased a ball python, stuffed it into a U.S. Postal Service priority mail box and mailed it to Borja,”
“(Duenas) did not declare the contents of the box, and simply wrote ‘gift’ on the customs form,” the plea agreement states.
It is illegal to import a snake without a permit from the Department of Agriculture, according to Pacific Daily News files. While some parts of the United States allow pet snakes, Guam doesn’t, said former agriculture department Director Paul Bassler in March.
If a pair of pythons were able to breed in Guam’s wild, they could become an very impacting invasive species, Bassler said.
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What were these fools thinking?
Peter
September 21st, 2009 at 11:43 am
Hello Michelle,
I thought that those young ladies showed that they have an understanding and are motivated to become good citizens. Aware of their social responsibilities as they become young adults. Yea!
I have another one of those posts I was blogging…..it is called
“American Idle”
The United States is often touted as the fattest country in the world. Much of this can be blamed on the sedentary lifestyle of the average American, and much of that lifestyle can be blamed on television. In addition to promoting laziness and obesity American television inculcates stereotypes, consumerism, materialism, violence, and fear. News programs focus on violence and terror, commercials equate money and happiness, and movies show violence and destruction as viable answers to problems. People sitting in front of the television do not take the time to evaluate what is occurring on the screen before them, they only sit and absorb; passive sponges soaking up spin-doctored accounts and sitcom solutions as unabashed truth. A society basing its decisions upon information and results shown on television is a society wildly and dangerously misinformed. A supreme effort must be made to pry Americans away from the television; to get them to seek out and evaluate their own experiences and information instead of being force-fed the status quo from a cathode ray tube.
Al
September 21st, 2009 at 5:37 pm
Dig the video as long as the performance artists are walking the talk : ) it kind of makes me want to make up my own rap bio about myself and what I stand for, just get it out there…! I have been reading about and watching vid’s about ‘radical honesty’ the book was written 15 years ago and just recently revised/updated, I just think it’s somewhat liberating to just state your shit, though I have to overcome my (in real life) privacy requirements.
Women in MMville,
We’re keeping on keeping on, 15 minute walk (to the store to shop for fruit/veg/fish-chicken) after we do the stretches, first the ‘energy shooting from your fingertips and toes’ hold for 60 secs, and then ‘bridge’ where your on your back and you roll up to just having your shoulders and feet on the floor, then superwoman – on belly with arms and thighs extended off the floor, you know the reps, do 5-10 reps for’ll a count of 5 each, standing near a wall do the ‘chasing spiders’ and out on the walk you’ll do the calf exdecise – heel hanging over edge of sidewalk curb, up and down for a count of 3 on the down (heel) and on the up (toes) – this week keep doing all this while what?!, that’s right, shoulders back, ta’s up, tummy tucked in towards the spine, and squeeze that G note ‘tween your cheekies (make it 2 G’s this week) – this week we’re riting down everything we eat and drink and that’s it, we’ll be taking a closer look at that notebook on Th/Fri please write time of day and a brief synopsis of the day (good/bad/uneventful/emotional/hormonal/etc…) so we can do a little ‘analyzing’ – I hope you enjoyed your dark chocolate, vino and musical escape (you can add this in as a musical meditation before, after or during your stretches/walk and do them there Kegel exercises 3 sets of 15 squeezes throughout the day go ahead and pretend your favorite G note is in there why dontcha!), unfortunately or should I say fortunately I am booked with biz this week, I’ll share the higlights next week bc I will supply you with just another ZL service gratis just for tuning in here, you will be looking good and feeling good in no time at all : ) I’m looking forward to hearing how good some of you feel now!!
There is lots of great health info being posted here lately, and Al, I’m totally digging your ‘series’ on the media in our minds, I am a non-television watcher (I tivo only what I want and skip commmercials) and when I scan fashion mags bc I must, I skip ads or I say to myself ‘none of this will make me look like Cindy Crawford so keep moving, nothing to see here’ and I turn the page knowing that I look uniquely like myself and that make-up tends to leave my face an hour after I put it on anyway so why stress it? There’s so much the media sells that we’ve all bought into and I am just doing my Zen part to just carry on being me. It can be difficult especially for younger people who haven’t really disected their own pysche’s yet. People can be sponges who absorb anything without analyzing content.
That’s it, I’m booked this week (making cha-ching) so I’ll be dropping by briefly if and when I can, Zen Lill
September 21st, 2009 at 6:12 pm
Come to a “Big Insurance: Sick of It” Rally in San Francisco tomorrow!
Big Insurance is fighting to stop real health care reform. Tomorrow, we’re gathering at rallies nationwide to send a strong message that we’re sick of Big Insurance—and we demand a public health insurance option, now!
Where: 2 Embarcadero Center, San Francisco – Meet on the sidewalk on Davis Street between Sacramento St and Clay St. (in San Francisco)
When: Tuesday September 22nd at 11:30 AM
What: We’ll hear stories from individuals who are suffering under our broken health care system, and deliver a letter to Big Insurance, demanding that they stop denying us care.
Can you make it to the rally tomorrow?
Click here for more details and to RSVP:
I can come.
Sorry, I can’t make it this time.
For more info and to find other rallies in your area, click here.
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January 29th, 2011 at 4:45 pm
It is publishers like yourself, authors who are willing to contribute to dialogue on the internet, that deserve gratitude. You demonstrate skills with online writing. Splendid article!
January 31st, 2011 at 8:40 am
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