Atlanta Attorney Says Prepare Now For Year-End Changes to Estate Tax Laws

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The expiration of key laws in Congress may expose more local individuals to estate or “Death Taxes” after their passing.  Atlanta attorney, Steve Worrall explains these anticipated changes, as well as steps Georgia residents can take now to take now to ensure more money goes to their family—and not Uncle Sam—after death.

ATLANTA, GEORGIA (08/08/2012)- You’ve worked hard to save money, accumulate assets and leave your loved ones an inheritance after your passing. 

But according to Steve Worrall, an estate planning attorney in Atlanta, the expiration of key tax laws in Congress may now put more local families at risk of owing more than half of their inheritance in “death taxes” after the first of the year. 

Worrall explains how preparing now for the much-anticipated expiration of the Bush-Era tax cuts (which were extended temporarily under the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act  in 2010)  is critical for high-net worth individuals, but also for middle-class families, too.  Here’s why: 

  • If Congress does nothing and the legislation expires, the estate tax will revert from a $5 million exemption to $1 million on December 31st.  That means if your estate is worth over $1 million at your passing, your family may be on the hook for significant taxes up to 55%.
  • For many people, when you add up the value of your home, life insurance policies, investments and assets, $1 million is usually closer than you think.
  • The payment is due in cash just 9 months after you die (or the 2nd spouse dies if you are married), often forcing loved ones to sell assets quickly at depressed market or “fire sale” prices to satisfy the bill. 
  • There’s a very real chance that up to half of the inheritance you worked so hard to leave your family will go to Uncle Sam. 

The good news, Worrall says, is the estate or “death tax” is entirely voluntary and there are steps you can take right now to minimize your exposure.

He explains that one such strategy is to utilize the lifetime gift tax exemption, which also set to expire at the end of the year.  This law allows you to remove up to $5.12 million (or $10.2 million for married couples) out of your “taxable estate” by gifting it now to future generations. On December 31st at midnight, the exemption amount significantly drops to $1 million.

In other words, for the rest of this year, Worrall says that parents can pass along valuable assets to their heirs up $5.12 million (i.e. a house, stock portfolio, part of the family business), without paying a single dime to Uncle Sam.

Worrall further notes tools such as living trusts can also be used to minimize your exposure to burdensome taxes after your passing. Your estate planning attorney will advise you on the best strategies to implement based on your wishes and financial needs.

Why Does This Matter Now?

Because proper estate tax planning requires getting appraisals, amending titles and creating airtight documents, Worrall warns that planning must be started now to ensure everything is finalized before the end of the year. He says estate planning firms across the country are already busy handling year-end estate tax planning, and encourages individuals affected by these changes not to wait until the last minute to get professional help.

For more information on upcoming changes to the estate tax laws or on Atlanta estate planning attorney, Steve Worrall, please visit or call 770.425.6060. 


Are the fees I pay my divorce lawyer deductible?

Only those fees paid to your divorce lawyer that are directly attributable to tax advice and/or related to the production of taxable income (such as alimony) can be deducted. 

You may want to ask your lawyer at the conclusion of the case if he or she can give you a breakdown of what portion of the fee you paid her, if any, was related to tax advice or the production of taxable income.  If the case does not involve alimony or other tax issues (for example, the sale of a house or stocks or the division of a retirement account), you may not be able to deduct any of the fee.

If you have specific questions related to this issue in your case, talk to your lawyer or tax advisor.

SOURCE: Alabama Family Law Blog

Tax Tips for Alimony and Child Support

It’s tax time and for people who were recently divorced and are paying or receiving alimony it’s time to consider the tax implications for 2006. Here are the general guidelines:

  1. Unfortunately, alimony payments received are taxable to you in the year you receive them. Your ex gets a break here. There is no tax taken withheld from alimony payments, so the tax burden shifts to you. The best way to handle this is to increase the amount withheld from your paycheck to account for the additional income.
  2. If you are paying alimony, remember to only do so as part of a decree or legal agreement. These payments will then be tax-free. Otherwise, payments made outside of a decree or agreements do not qualify as deductible alimony payments.
  3. Being a parent and making child support payments is never deductible. Child support always comes first and is not tax deductible. So, if you make a partial payment for some reason, the payment is applied to the child support payment first and is taxed and then alimony is secondary and non-taxable.
  4. If you paid or received alimony you must use Form 1040. You cannot use Form 1040A or Form 1040EZ. If you received alimony, you must give your social security number or you may have to pay a $50 penalty.