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minor children
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How to Leave Assets to Minor Children from Austin Estate Planning Lawyer Liz Nielsen

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Most parents want to make sure their children are provided for in the event something happens to them while the children are still minors. Grandparents, aunts, uncles, and good friends sometimes want to leave gifts to beloved young children too. Unfortunately, good intentions and poor planning often have unintended results. Don’t make these common, expensive mistakes. Instead, here’s how to both protect and provide for the children you love.

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Adult Children
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How to Leave Assets to Adult Children from Austin Estate Planning Lawyer Liz Nielsen

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When considering how to leave assets to adult children, the first step is to decide how much each one should receive. Most parents want to treat their children fairly, but this doesn’t necessarily mean they should receive equal shares of your estate. For example, it may be desirable to give more to a child who is a teacher than to one who has a successful business, or to “compensate” a child who has been a primary caregiver.

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Estate Planning Dream
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How Estate Planning Can Help You Dream About Your Future from Austin Estate Planning Lawyer Liz Nielsen

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A dream without a plan is simply a wish. Estate planning is not just about death and taxes — it puts you in the driver’s seat of your financial life, allowing you to set achievable goals. It is a great opportunity to focus on the legacy you want to leave behind for loved ones and your community, help you avoid the expense and delay of probate, as well as help you save on taxes.

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IRA Charitable Rollover
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IRA Charitable Rollover Basics from Austin Estate Planning Lawyer Liz Nielsen

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The IRA charitable rollover provisions provide an important giving opportunity for retirees who are charitably inclined. This is particularly following the recently passed Tax Cuts and Jobs Act of 2017 (the “Tax Act”). Because the Tax Act will significantly reduce the number of taxpayers who itemize, and so fewer taxpayers will benefit from a charitable deduction for annual giving. However, the IRA charitable rollover provisions allow some retirees to receive a tax benefit for their generosity, regardless of whether they itemize deductions or not.

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donor advised fund
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Setting Up a Donor Advised Fund to “Bunch” Charitable Contributions from Austin Estate Planning Lawyer Liz Nielsen

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Under the Tax Cuts and Jobs Act of 2017 (the Tax Act), it is estimated that fewer than 10% of Americans will itemize on their income tax returns. However, you only receive a deduction for charitable giving if you itemize. Therefore, the vast majority of Americans will not benefit from a charitable deduction under the Tax Act.

One option for those who are charitably inclined is to “bunch” charitable deductions together and to itemize every two or three years. This can be done via a large gift directly to the charity, prepaying a pledge for the following year, or, if you would like to have the ability to decide when and how to make the contributions in future years, through a gift to a donor advised fund.

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charitable giving austin attorney liz nielsen
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Three Questions Your Estate Planning Lawyer Should Ask You About Charitable Giving from Austin Estate Planning Lawyer Liz Nielsen

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All estate planning attorneys should be talking with their clients about charitable giving during an initial consultation. Ignoring the possibility of donating to charity can result in a lost opportunity both to you as the client and to the community.

Here are three questions your attorney should be asking you about charitable giving, either on your initial client worksheet or during your initial consultation.

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Austin Probate
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Husband with Alzheimer’s Proposed to Wife of 38 Years, and They Married Again. From Austin Texas Estate Planning Lawyer Liz Nielsen.

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Michael Joyce has Alzheimer’s and suffers from memory loss. The disease had progressed so much that he forgot he was married to his wife, Linda Joyce, of 38 years. However, he had not forgotten that he was in love with her. Recently, Michael asked Linda to marry him, again. Instead of telling him they were already married, Linda said “Of course I will.” To her surprise, the next morning Michael woke up and asked, “So, when are we doing this?”

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