inheritance

Taxes That Apply to Inheritances in NC

Posted on: April 7th, 2017
While North Carolina’s estate tax was repealed in 2013, other taxes may apply to an inheritance. Tax implications depend on the type of asset, the value, and other factors. ...

Out-of-State Property in North Carolina Probate

Posted on: January 24th, 2017
The executor must inventory and evaluate all personal property, vehicles, and assets that pass through probate. However, if the decedent held property outside of North Carolina, those assets must follow the laws present in the alternate jurisdiction....

Inherited IRA Ruling: Distinctions Between Federal and State Tax Law

Posted on: July 22nd, 2016
Our attorneys strive to share notable rulings and case law to help clients and other advisers understand how a court or officials might respond to a particular set of circumstances. In early June 2016, Private Letter Ruling 201623001 rejected a woman’s request to rollover part of her son’s inherited IRAs....

Why an Executor Might Need Probate Counsel in North Carolina

Posted on: June 6th, 2016
An executor's knowledge of state and federal legislation pertaining to estate administration might be limited. This limited knowledge poses a risk of errors. ...

Remarriages and Inheritances in North Carolina

Posted on: May 9th, 2016
Individuals in North Carolina who have married more than once might have estate planning issues they are not aware of. Whether one has remarried following a spouse’s death or divorce, one should take time to review existing estate planning documents....

What To Do if You Inherit an Out-of-State Home

Posted on: April 27th, 2016
If a property owner has not proactively and wisely planned for multiple properties in their estate plan, or if they have no estate plan in place, properties could be at risk of creditor claims, which is one of the many challenges heirs face....

Discussing Inheritances With Children

Posted on: February 18th, 2016
Starting discussions during one’s lifetime about how personal items, collectibles, and assets will pass on can help to prevent conflicts after death. Surviving children might feel less inclined to contest a will if they understand that a parent’s wishes match the instructions in the will....

3 Tax Planning Steps for the New Year

Posted on: November 27th, 2015
Common tax planning strategies include retirement contributions, family gifting, and making charitable donations. Outlined below are a few alternative planning steps to consider in the New Year....

Tax Considerations in Structuring Inheritances

Posted on: November 18th, 2015
When dividing assets in an estate plan, the testator might be inclined to evenly split assets for heirs. However, if not planned for properly, federal and state tax requirements nevertheless could result in an uneven split of assets upon distribution...

August is National Make-a-Will Month

Posted on: August 13th, 2015
An increasing number of Americans fail to plan appropriately for the future needs of themselves and their families, both through inadequate retirement savings as well as neglected estate planning. August is Make-a-Will Month...

Protecting IRA Assets for Beneficiaries: IRA Beneficiary Trusts

Posted on: October 23rd, 2014
Earlier this year the Supreme Court ruled in Clark v. Rameker that inherited retirement accounts are subject to bankruptcy claims. As a result of this ruling, IRA owners are taking steps to ensure assets accumulated over a lifetime are protected for loved ones. ...

Debt Inheritance: Credit Cards, Tax, and Other Liabilities

Posted on: July 14th, 2014
An individual may accumulate assets during his or her lifetime, but debt may reduce or eliminate an inheritance family members expected to receive. Loved ones may “inherit” debt if a decedent lacked effective estate planning, beneficiary designation updates, and asset protection....

Incentive Trusts

Posted on: June 24th, 2014
Trusts may be customized to suit the grantor’s wishes, which may include their determination of what’s best for their beneficiaries....

Reverse Mortgages and Inheritances

Posted on: April 24th, 2014
Should beneficiaries of a potential inheritance be concerned if their elderly relative decides to get a reverse mortgage? Reverse mortgages are not the right choice for everyone. The New York Times recently reported how adult children are often against the idea of their parents using a reverse mortgage as this would deplete the asset the children would ultimately expect to inherit. ...

IRA Custodian Not Responsible for RMDs

Posted on: April 15th, 2014
Failing to take a Required Minimum Distribution (RMD) results in a penalty for the account owner. IRA account custodians are only responsible for notifying owners of their RMD; the owner must take the steps necessary to draw a distribution....

3 Things When You Inherit an IRA

Posted on: January 29th, 2014
Last year North Carolina passed legislation that provides added creditor protection for Individual Retirement Accounts (IRAs). ...

Step-Parents and Step-Children in Estate Planning

Posted on: January 24th, 2014
Estate planning for blended families is critical to ensure that assets are distributed as intended. A spouse’s family members are not included under North Carolina intestacy laws. Without a will, individuals who die in the Tar Heel State may not effectively leave assets to non-blood relatives....

Estate Planning for Posthumous Conceptions

Posted on: December 30th, 2013
A child may be born after a parent dies, which is a possibility couples can address in their estate plan. However, what are the inheritance rights of posthumously conceived children in North Carolina? ...

What is an Heir Search Firm?

Posted on: June 10th, 2013
When an individual dies without a surviving spouse, siblings, parents, descendants, or named beneficiaries, their estate still needs to be distributed. ...

Incentive Trusts

Posted on: January 17th, 2007
Professor Joshua Tate of Southern Methodist University has published an interesting and informative article on Incentive Trusts, which are generally used by parents to try to shape the behavior of their children. The abstract is as follows: ...