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Tenants by the Entirety (December 2009)

TENANTS BY THE ENTIRETY Most married couples in Hawaii buy their home as “tenants by the entirety.” Many have transferred their home to their trusts.  Which is better?  To own your home as tenants by the entirety, or to put your home into your trusts?  Let’s look at...

The Stepped Up Basis (October 2009)

In estate planning, it is important to understand “stepped up basis.”  When you buy property (for example, real estate or stocks) your “tax basis” in the property is the amount you pay for the property.  When you sell the property, you have profit or “gain” equal to...

Small Estates

            When a person dies with $100,000 or less in assets, there are simple ways to settle the estate. One way is to use an Affidavit for Collection of Personal Property. Another way is to have the clerk of the circuit court open a Small Estate proceeding. ...

The Special Needs Trust

THE SPECIAL NEEDS TRUST Suppose you have a child with a disability.  Perhaps the child was born with a mental disability.  Perhaps he or she was born with a physical disability.  In some cases, the child may have been normal at birth, but later in life acquired a...

Proposed New Laws

PROPOSED NEW LAWS There are some proposed new rules and laws which would affect estate planning.  First, let’s review the current estate tax law.  The estate tax is a federal tax.  At this time there is no Hawaii estate tax or inheritance...

Be Careful When You Give Assets Away

Whenever you give away assets, there are laws in three different areas to consider: 1) gift taxes; 2) Medicaid rules for nursing home costs; and 3) capital gains taxes. Many people think you can give only $10,000 tax-free to each individual.  Actually, the amount is...