Author name: Joe Lucheck

Find Money That You May Not Have Realized You Were Missing

Find Money That You May Not Have Realized You Were Missing Finding money in a coat pocket is always a nice surprise, but what if you found that you could search the internet to locate lost assets?  Most states have an unclaimed property website that allows you to search your name to determine whether you may have property that the state is holding for you. Illinois is currently holding $3.5 billion in abandoned assets that are unclaimed by its residents.  It is a good practice to check every year or two with your state to see if you may have unclaimed property in the state where you currently or previously lived.  Many times when you move, checks are sent to your old address.  If the payor is not aware that you moved, the funds are eventually deposited with the state as unclaimed property.   You may also find assets that may have been held by loved ones who have passed away. This is one of the most common reasons for unclaimed property to go to the state when someone dies and accounts are abandoned.  As estate planning attorneys, we do a search frequently for estates that we have handled to make sure we did not miss anything when administering an estate. What is unclaimed property? Common types of unclaimed property include: checking and savings accounts, uncashed wage and payroll checks, uncashed stock dividends, and stock certificates, insurance payments, utility deposits, customer deposits, accounts payable, credit balances, refund checks, money orders, traveler’s checks, mineral proceeds, court deposits, uncashed death benefit checks, and life insurance proceeds. In most states, you can file a claim form to reclaim your property.  The claim form will tell you which documents you will need to provide to make a claim.   The following are a few websites for unclaimed property if you live or have lived in these states.  Illinois Wisconsin Minnesota Iowa Indiana If you have any questions about tax and estate planning, please feel free to contact Glick and Trostin, LLC at 312-346-8258. Disclaimer: The materials on this website are provided for informational purposes only and do not constitute legal advice.  Transmission of the information is not intended to create, and receipt does not constitute, an attorney-client relationship between any attorney and any other person, group or entity. No representations or warranties whatsoever, express or implied are given as to the accuracy or applicability of the information contained herein.  No one should rely upon the information contained herein as constituting legal advice.  The information may be modified or rendered incorrect by future legislative or judicial developments and may not be applicable to any individual reader’s facts and circumstances.

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Simple Estate Plan with the Use of a Transfer on Death Instrument

  Everyone can Now Take a Charitable Deduction on Their Taxes Since the last tax law was passed at the end of 2017, nearly nine in 10 taxpayers now take the standard deduction on their income tax return and are no longer able to claim a charitable deduction for donations made to qualifying charities.  Now, under the CARES Act and the Taxpayer Certainty and Disaster Tax Relief Act of 2020, individuals who take the standard deduction can now claim a deduction of up to $300 for cash contributions made to qualified charities in 2021.  Married couples can deduct up to $600.   Therefore, as you begin to put together your tax documents to file your 2021 tax return, double check your charitable contributions for the year as you may be eligible for an additional tax deduction when you file.  If you have any questions about tax and estate planning, please feel free to contact Glick and Trostin, LLC at 312-346-8258. Disclaimer: The materials on this website are provided for informational purposes only and do not constitute legal advice.  Transmission of the information is not intended to create, and receipt does not constitute, an attorney-client relationship between any attorney and any other person, group or entity. No representations or warranties whatsoever, express or implied are given as to the accuracy or applicability of the information contained herein.  No one should rely upon the information contained herein as constituting legal advice.  The information may be modified or rendered incorrect by future legislative or judicial developments and may not be applicable to any individual reader’s facts and circumstances. [1] Gift tax return (Form 709) reporting may be required.

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College Planning – 529 Bright Start Plan

Bright Start: A Primer on a 529 College Savings Plan As children begin to return to school for the 2021-2022 academic school year, parents with children of all ages should know that it is never too early to begin saving for their children’s college fund. The Illinois Bright Start College Savings Plan is an excellent vehicle that offers tax breaks to encourage savings for college tuition. The Bright Start College Savings Plan allows Illinois taxpayers to claim state tax deductions on contributions up to $10,000 for individual taxpayers and $20,000 for married couples filing their taxes jointly. An account owner can contribute $15,000 each year, provided that no other gifts are made to the same beneficiary that year.  It also allows tax-free withdrawals for higher education expenses at the federal and state level. This includes, among other things, withdrawals for tuition, fees, books, supplies and equipment, room and board, etc. There are narrow exceptions to this rule, however. A contributing taxpayer does not have to be the parent of a beneficiary to open a 529 College Savings Plan. The program has no limitations with respect to who can open accounts. Therefore, if you are a grandparent, relative, or even a friend to a potential beneficiary, you are able to open a 529 College Savings Investment Account for that individual. There are also no income limitations to individuals opening these accounts, so you can open an account no matter what your income level may be for tax purposes. If you have contributed to the 529 Savings Plan and your beneficiary decides not to enroll in higher education, you do have options. For one, you could change the beneficiary to an individual who intends to enroll in higher education or you can withdraw the funds from the account. Keep in mind that if you were to withdraw these funds, the amount would be subject to federal and state income taxes, plus a 10% penalty. The Bright Start contribution is simple and easy to use. You can contribute via an automatic investing plan which allows you to have a fixed amount automatically debited from your account on a periodic basis. You can also choose to make a lump sum one time deposit of up to $75,000[1], or have a payroll deduction taken straight from your paycheck each pay period. Additionally, if you are new to Illinois but have a 529 College Savings Plan already established in a different state, Bright Start allows you to roll over the funds from the out of state program to the Bright Start 529 account and keep all of the funds, while potentially earning an Illinois state Income tax deduction by rolling over. For more information and to open your 529 College Savings Investment account, you can visit www.brightstart.com.  They have a number of different portfolios that you can choose to enroll in. It is recommended that you complete the Risk Tolerance Questionnaire on the website prior to enrolling. This questionnaire will help determine how you would like to allocate your money and develop an investment plan going forward. If you have any questions about the Bright Start College Savings Plan, please feel free to contact Glick and Trostin, LLC at 312-346-8258.  Disclaimer: The materials on this website are provided for informational purposes only and do not constitute legal advice.  Transmission of the information is not intended to create, and receipt does not constitute, an attorney-client relationship between any attorney and any other person, group or entity. No representations or warranties whatsoever, express or implied are given as to the accuracy or applicability of the information contained herein.  No one should rely upon the information contained herein as constituting legal advice.  The information may be modified or rendered incorrect by future legislative or judicial developments and may not be applicable to any individual reader’s facts and circumstances. [1] Gift tax return (Form 709) reporting may be required.

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Estate Plan Review – 2024

5 Reasons to Review Your Estate Plan If your estate plan or your parent’s estate plan hasn’t been reviewed in the last few years — or the last twenty years — it’s time to review your estate plan — sooner, not later. Rather than fix a messy situation after death, it is best to work with an estate planning attorney to review your estate plan with you now. The following 5 reasons help explain why older documents may no longer work to achieve your or your parents’ wishes. Stale documents are disliked by financial institutions. If a power of attorney is more than eight years old, don’t expect it to be received well by a bank or brokerage house. The financial institution will probably want to get an affidavit from the attorney who originally created the document to attest to its validity. A regular review and refresh of estate documents allow for the document to remain current as well as confirm that the individuals named as agents and their contact information. State laws change. Changes to state laws alter how estates are handled. They may have a positive impact that could benefit you and your family, but they could also have a negative effect. If the will or trust hasn’t been reviewed in ten or twenty years, you won’t know what consequences new state laws have on your estate planning. More importantly, if the impact is negative, you won’t be able to take advantage of revising your estate planning to protect your estate. Lawyers use updated language in estate planning documents. In addition to changes in the law, there are changes to language that may have a big impact on the estate. Many attorneys have changed the language they use for trusts based on the SECURE Act, which went into effect in 2020. If your parent has a retirement account payable to a trust, it’s critical that this language be modified so that it complies with the new law. Lacking these updates, your parent’s estate plan may create unnecessary increases in taxes, fees, or penalties. Federal estate laws change over time. Recent years have seen major changes to estate law, from the aforementioned SECURE Act to current proposals to federal exclusions and gift taxes. Is your estate plan (or your parents) in compliance with the new laws? If assets have changed since the last estate plan was written, there may be tax law changes to be incorporated. Are there enough assets available to pay the taxes from the estate or the trusts? The decedent’s wishes may not be followed if documents aren’t updated. Over time, individuals die, people get married, children and grandchildren are born, and relationships change.  If an individual’s wishes are not updated in their estate planning documents, the inheritance may go to individuals that are no longer in the person’s life or may leave out important people. We recommend that our clients review their estate plans with us every three years. This way we can ensure that their estate plans will continue to meet their goals. If you have any questions about tax and estate planning, please feel free to contact Glick and Trostin, LLC at 312-346-8258. Disclaimer: The materials on this website are provided for informational purposes only and do not constitute legal advice.  Transmission of the information is not intended to create, and receipt does not constitute, an attorney-client relationship between any attorney and any other person, group, or entity. No representations or warranties whatsoever, express or implied are given as to the accuracy or applicability of the information contained herein.  No one should rely upon the information contained herein as constituting legal advice.  The information may be modified or rendered incorrect by future legislative or judicial developments and may not be applicable to any individual reader’s facts and circumstances.

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Estate Planning for Millennials

View Blog Archives Estate Planning for Millennials Many of today’s 20 and 30 somethings (“Millennials”) are either unemployed or just recently employed, and due to financial concerns may still be living with their parents or roommates. Coupled with the general trend of having children later in life, it is likely that many Millennials either do not have children or have only started to grow their families. Since most people consider forming an estate plan only after they have amassed some assets (i.e. a savings, owning real estate, retirement plans) or after having children, it is highly unlikely that this population has even thought about estate planning. However, even for the textbook Millennial, it is never too early to start planning. Most commonly, people think of estate planning as writing a Will. An estate plan actually consists of a number of documents including a Will, Trust(s), Living Will, and Powers of Attorney, each of which performs important tasks (for more information please click here). A Millennial with no children and few assets may not have a need for all of these documents but we recommend focusing on a few essential estate planning documents for now: Powers of Attorney and possibly a Will. Powers of Attorney: After you turn 18, your parents no longer have a say in your medical treatment and may not have access to your bank account to pay your bills or complete financial transactions that you started (i.e. buying a house, a car, etc.). In the event of an accident that leaves you unable to make decisions for yourself, your parents or a loved one would have to go to court and ask for the authority to step in on your behalf. Then there is no guarantee that the person you trust most and who knows you the best will end up making decisions for you. The best way to avoid these problems and to plan for the unexpected is to have a Power of Attorney for Health Care and a Power of Attorney for Property. These legal documents name specific and trusted people as “agents” to make decisions for you, based on your wishes, when you are unable to. Will: The state in which you live has a plan in place should you pass away without having made a Will. In Illinois, when you die and have no spouse or children, your estate (no matter the size) will be divided into equal shares to your parents and your siblings. If you are married with no children, your spouse inherits everything and if you have children but no spouse, your children will inherit everything. You may decide that this result is acceptable for your situation. However, in the event you would like to specify that certain people receive more or less of your estate, or if you want to protect your assets for your minor children, you will need to have a Will. A Power of Attorney and Will are not necessarily complex documents but they are very important. As long as they are executed correctly, they are legally recognized and tell others what your wishes are and what you authorize them to do on your behalf. Other documents can be added to your estate plan and updated as needed when your circumstances change (i.e. marriage, having children, or moving). If you would like to begin creating your estate plan or if you have any questions, please feel free to contact TKE-Law at 224-529-0500. Disclaimer: The materials on this website are provided for informational purposes only and do not constitute legal advice. Transmission of the information is not intended to create, and receipt does not constitute, an attorney-client relationship between any attorney and any other person, group or entity. No representations or warranties whatsoever, express or implied are given as to the accuracy or applicability of the information contained herein. No one should rely upon the information contained herein as constituting legal advice. The information may be modified or rendered incorrect by future legislative or judicial developments and may not be applicable to any individual reader’s facts and circumstances.

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Creating Ease of Access For Your Life Online

View Blog Archives Creating Ease of Access For Your Life Online With technology literally being at our fingertips, we have integrated our digital presence with our physical.  More likely than not, you have created an account online, have a profile online, or even do all your investing or money management online.   While access to our online lives is convenient now, we may not think about the inability for someone else to access our digital information when we are no longer in control, due to disability or death.  Creating a means for someone else to have access to these accounts when you are unable creates ease of administration.  What most do not realize is that even though someone is named as your Trustee/Executor or as an agent under your Power of Attorney, it does not allow them immediate access to your accounts.  If the accounts are not properly named, there is no ability to log-in, or if there is no direction to allow someone else access to the accounts, your accounts could take months or years to finally gain access, if ever.  Glick and Trostin, LLC has some advice to help avoid these problems. We recommend that you create a plan: 1.   Create a list of your online accounts, and include the following information: Mediums used to access these accounts Internet Service Providers Personal Websites or Web hosting Email accounts Blogs/Vlogs Any storage mediums (DropBox, private servers, Cloud Systems) Social Networks Online subscriptions Websites that deal with financials (Banking, Utilities, Brokerage accounts, Notes) Software applications Cellphones (Personal and Business) 2.   Record your usernames and passwords, access codes or patterns, or any other unique means of access in a private document, on your computer or somewhere safe. 3.   In your estate planning documents (POAs, Wills, or Trusts), make mention of these accounts and direct what actions should be taken by your named party for those accounts. Do not put any login information in your Will as it is a public document 4.   Add a provision that will allow access to these accounts if for some reason the document is lost or is not accessible. Proper planning and keeping information updated removes ambiguities and ensures your plans are implemented per your wishes with as few roadblocks as possible.  Simple updates will reduce any waste of time, and save costs as issues like this can create more fees in the future. If you have any questions about how to leave your trusted family and advisors access to your digital life, or any other potential issues with your estate plan, please feel free to contact TKE-Law at 224-529-0500. Disclaimer: The materials on this website are provided for informational purposes only and do not constitute legal advice.  Transmission of the information is not intended to create, and receipt does not constitute, an attorney-client relationship between any attorney and any other person, group, or entity. No representations or warranties whatsoever, express or implied are given as to the accuracy or applicability of the information contained herein.  No one should rely upon the information contained herein as constituting legal advice.  The information may be modified or rendered incorrect by future legislative or judicial developments and may not be applicable to any individual reader’s facts and circumstances.

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