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Death and Taxes: Five Things You Need to Know

02/05/08 - 07:11 PM EST

Scott Rothbort

  • They tend to be issued by lower rated issuers, such as GMAC. Lower credit issuers tend to sell such bonds because they can issue them at lower interest rates to regular bonds, without the put feature.
  • The yield yield on these bonds may be less than that of bonds without the put feature.
  • The issuer may limit the amount of bonds which it may redeem in any calendar year.
  • The issuer may require a minimum holding period. Thus, if you buy the bonds while the bond holder is on their death bed you may have to wait as much as six months from the date of purchase to put the bonds. Some issuers may reject the put feature if purchased on the date of death.
  • The face value (maturity value) of the bonds may be considered the value at death, boosting up the value of the estate for tax purposes. If this is the case, then the good news is that there is no capital gain capital-gain when putting the bonds. As always, this is subject to interpretation by one's legal and tax advisors.
  • 3. Have Life Insurance

    My father passed away when I was 16-years-old. While he worked in the life insurance life-insurance industry he had no life insurance, other than that provided by his employer.

    Life insurance is a contract between the insurance policy owner and an insurer. Under the terms of the policy, the insurer agrees to pay a sum of money to the policy owner's beneficiary (or beneficiaries) of the policy upon the death of the insured.

    The two most popular forms of life insurance are "whole life" and "term life." Whole life is permanent in nature, if paid fully over a period of time. Whole life is very expensive but accumulates a cash value. On the other hand, term life provides coverage for only a specified period of time and it is comparatively inexpensive, but no cash value accrues to the benefit of the policy owner.

    My father died three months after purchasing his first home with my mother. However, because of his pre-existing medical condition he was not eligible for private mortgage insurance private-mortgage-insurance-pmi, commonly referred to as PMI. PMI is a form of term life insurance, which a mortgage lender will require a borrower to contract for to insure payment of the mortgage in the event of the death of the borrower. Needless to say, I learned the importance of life insurance after my father left my mother and her three children in a new home with a mortgage and no life insurance.

    I started to purchase life insurance for both my wife and myself once we had our first child. Every few years I would buy another incremental policy for one of us as we could afford to do so. Here we are now nearly 18 years after our first policy, we now have five children and a great deal of our life insurance is permanent in nature and fully paid for.

    The lesson here is to buy as much life insurance as you can at an early age when it is cheaper and you are still insurable. (Life insurance requires an underwriting process that includes a physical or other medical tests and examinations.).

    To learn more about life insurance, check out the Insurers Screener on TheStreet.com.

    4. Be Tax Savvy

    The tax laws surrounding death are very complex. While a qualified estate attorney and tax professional can help to structure one's estate, there are some very simple steps that you can take in advance of one's death:

  • According to tax regulations, the original cost amount (purchase cost value)of securities when passed to an estate's beneficiary is stepped up to the market value on the time of death of the decedent. This is referred to as a step-up in cost basis. Thus, if a loved one is close to death, it pays to sell any securities that have an unrealized loss capital-loss prior to their death in order to deduct those losses on their last tax return.

    On the other hand, if the loved one had unrealized gains, it pays to hold those securities, because the cost basis of those holdings will receive a step-up in basis. This is only important if the assets pass through the estate. If the securities are held jointly such as a Joint Tenants with Right of Survivorship (JTWROS), then this is not an issue until the survivor dies.

  • Both the federal government and many states have estate taxes. The federal estate tax is commonly referred to as the "death tax" and it is the subject of great political debate. While an estate might not be subject to federal estate taxes, it may be liable for state estate taxes. Using one's legal and tax professional may help to minimize estate tax liability through a properly structured will will and trust trust.
  • 5. Have a Properly Executed Will

    Dying without a will is referred to as "dying intestate." When an individual dies intestate then the estate (an entity set up to hold the decedent's property) must go through the process of probate (the legal process of settlement of the estate within the courts). This process will not only be lengthy and costly but could result in individuals receiving all or a portion of the estate whom the decedent may not have wanted to designate as a beneficiary.

    Furthermore, estates which are intestate are likely to see the state take a larger portion of the estate than had the decedent died with a valid will The lesson here is to make sure that you prepare for death early, by executing a valid will.

    Please note that as laws may vary from state to state and with the complexity of estate law, I strongly urge you to closely review your estate and have your will prepared by an estate attorney.

    These outlined five steps are good starting points, but there is a multitude of actions that you can take in advance of the death of a loved one or in preparation of your own death. Being proactive will maximize the amount of money passed to your heirs and minimize the legal issues and taxes that may occur after death. And in order to help you navigate the maze of estate-related laws and regulations, be sure to utilize legal and tax professionals, where necessary.

    Finally, don't delay. Time really is of the essence -- whether in purchasing life insurance or taking actions close to death. Learn to separate the emotional aspects of dealing with the illness or pending death of a loved one from the financial responsibilities and opportunities which are thrust upon you.




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    Scott Rothbort has over 20 years of experience in the financial services industry. In 2002, Rothbort founded LakeView Asset Management, LLC, a registered investment advisor based in Millburn, N.J., which offers customized individually managed separate accounts, including proprietary long/short strategies to its high net worth clientele.

    Immediately prior to that, Rothbort worked at Merrill Lynch for 10 years, where he was instrumental in building the global equity derivative business and managed the global equity swap business from its inception. Rothbort previously held international assignments in Tokyo, Hong Kong and London while working for Morgan Stanley and County NatWest Securities.

    Rothbort holds an MBA in finance and international business from the Stern School of Business of New York University and a BS in economics and accounting from the Wharton School of Business of the University of Pennsylvania. He is a Professor of Finance and the Chief Market Strategist for the Stillman School of Business of Seton Hall University.

    For more information about Scott Rothbort and LakeView Asset Management, LLC, visit the company's Web site at www.lakeviewasset.com. Scott appreciates your feedback; click here to send him an email.


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