Retirement

Estate Planning: Talking to Parents by Austin estate planning lawyer Liz Nielsen
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Estate Planning: Talking to Parents from Austin Estate Planning Attorney Liz Nielsen

Having a clear conversation about death and dying is never fun. Most people avoid them because they invoke feelings about our inevitable demise. Broaching this subject can be particularly difficult for parents and their adult children. Adult children may avoid bringing up the topic for different reasons. The most common are they don’t want to think […]

Inheriting a Retirement Account
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Inheriting a Retirement Account from Austin Estate Planning Attorney Liz Nielsen

For decades, common financial planning wisdom has encouraged almost all American workers to maximize their contributions to qualified retirement accounts. Indeed, doing so can be a powerful way to reduce your current income tax liability, grow your savings exponentially tax-free, and, in most states, protect your savings from claims of creditors. And by and large, this […]

The SECURE ACT Austin
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The SECURE Act: How Does It Affect Your Retirement Accounts? from Austin Estate Planning Lawyer Liz Nielsen

On December 20, 2019, President Trump signed the Setting Every Community Up for Retirement Enhancement Act (SECURE Act), which became effective on January 1, 2020. The Act is the most impactful legislation affecting retirement accounts in decades. It will have a positive impact for many older Americans but could have negative tax consequences for many beneficiaries […]

The SECURE Act, from Austin Estate Planning Lawyer
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The SECURE Act — the Good, the Bad and the Ugly, from Austin Estate Planning Lawyer Liz Nielsen

Sweeping retirement changes were just signed into law that bring both positives (for savers) and potentially disastrous consequences (for heirs). The Setting Every Community Up for Retirement Enhancement (SECURE) Act was signed into law on December 20, 2019, ushering in the largest retirement planning bill since the Pension Protection Act of 2006. The SECURE Act has […]

Estate Planning Considerations for Benefits Open Enrollment
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Estate Planning Considerations for Benefits Open Enrollment from Austin Estate Planning Lawyer Liz Nielsen

The fall, generally late-October or early-November, is the time when employers send out summaries of employee benefits offered by the company and give employees the option to enroll in these benefits. These can generally include retirement plan options, health care, dental, vision, short and/or long-term disability, and life insurance coverage. Your employer may pay 100 percent […]

Retirement Planning for Business Owners
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Retirement Planning for Business Owners from Austin Estate Planning Lawyer Liz Nielsen

For many employees, saving for retirement is usually a matter of simply participating in their employer’s 401(k) plan and perhaps opening an IRA for some extra savings. But, for business owners, planning for retirement requires proactivity and strategy. It’s not just the dizzying array of choices for retirement accounts; there’s also planning for the business itself. […]

Protecting Children's Inheritance after Divorce
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Post-Divorce Planning to Protect Your Children’s Inheritance from Austin Estate Planning Lawyer Liz Nielsen

Consider this story. Beth’s divorce from her husband was recently finalized. Her most valuable assets are her retirement plan at work and her life insurance policy. She updated the beneficiary designations on both to be her two minor children. She did not want her ex-husband to receive the money.

Beth passes away one year after her divorce. Her children are still minors, so the retirement plan and insurance company require an adult to be appointed by a court to receive the inheritance Beth left behind. Who does the court presumptively look to serve as the caretaker of this money? Beth’s ex-husband who is now the only living parent of the children. (In some states, this caretaker of the money is called a guardian, whereas in others it is the conservator. The title does not matter as much as the role, which is to manage the funds on behalf of a minor, since the minor is not legally able to handle significant assets or money.)

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