Few of us want to think about what might happen to our pets in the event of our incapacity or untimely death, but with over 62% of households owning a pet, providing for our pets becomes an important piece of estate planning. In fact, more people in the United States have companion animals than children!

Pets whose owners are suddenly unable to take care of them because of incapacity or death sometimes run away, are taken to a shelter and put up for adoption, or euthanized. The Humane Society of the United States estimates that 4 to 5 million pets are euthanized annually, with more than 1 million of these as a direct result of the failure of their owners to provide for their pets in the event of death or incapacity.

This doesn’t have to happen to our pets. Advance planning for your pet gives you peace of mind that your animal companion will be cared for as you wish, and protects the pet, your family, and the community, by responsibly providing for your pets throughout their lives, with or without you.

Gifts made directly to pets in wills are invalid because pets are not legally recognized as “persons”. Although nonbinding, you may give your pet to someone in your will and make a cash gift to that person to help offset the expenses of your pet. Minnesota has not yet adopted a statute expressly permitting pet owners to establish a Pet Trust, as most states have done. However, it is possible to set up a type of common law “honorary” trust, as well as other options that can fully accomplish a pet owner’s goals.

We have recently developed a “Pet Profile” form to help you plan for your pet’s future. Please contact our office if you would like the form sent to you.

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Tax Tips for Charitable Givers

by admin on November 30, 2011

With the Holiday Season upon us, it is now the time of year when many people are making their year-end charitable contributions. If you make a donation to a charity this year, you may be able to take a deduction for it on your 2011 tax return. Here is a brief summary of several “Tax Tips” for charitable givers that the IRS published earlier this year.

1)    Make sure the organization qualifies. – Charitable contributions must be made to qualified organizations to be deductible. You can ask any organization whether it is a qualified organization or check IRS Publication 78, Cumulative List of Organizations. It is available at www.IRS.gov.

2)    You must itemize. – Charitable contributions are deductible only if you itemize deductions using Form 1040, Schedule A.

3)    What you can deduct. – You generally can deduct your cash contributions and the fair market value of most property you donate to a qualified organization. Special rules apply to several types of donated property, including clothing or household items, cars and boats.

4)    When you receive something in return. – If your contribution entitles you to receive merchandise, goods, or services in return – such as admission to a charity banquet or sporting event – you can deduct only the amount that exceeds the fair market value of the benefit received.

5)    Recordkeeping. – Keep good records of any contribution you make, regardless of the amount. For any cash contribution, you must maintain a record of the contribution, such as a cancelled check, bank or credit card statement, payroll deduction record or a written statement from the charity containing the date and amount of the contribution and the name of the organization.

6)    Pledges and payments. – Only contributions actually made during the tax year are deductible. For example, if you pledged $500 in September but paid the charity only $200 by Dec. 31, you can only deduct $200.

7)    Donations made near the end of the year. – Include credit card charges and payments by check in the year you give them to the charity, even though you may not pay the credit card bill or have your bank account debited until the next year.

8)    Large donations. – For any contribution of $250 or more, you need more than a bank record. You must have a written acknowledgment from the organization. It must include the amount of cash and say whether the organization provided any goods or services in exchange for the gift. If you donated property, the acknowledgment must include a description of the items and a good faith estimate of its value. For items valued at $500 or more you must complete a Form 8283, Noncash Charitable Contributions, and attach the form to your return. If you claim a deduction for a contribution of noncash property worth more than $5,000, you generally must obtain an appraisal and complete Section B of Form 8283 with your return.

9)    Tax Exemption Revoked. – Approximately 275,000 organizations automatically lost their tax-exempt status recently because they did not file required annual reports for three consecutive years, as required by law. Donations made prior to an organization’s automatic revocation remain tax-deductible. Going forward, however, organizations that are on the auto-revocation list that do not receive reinstatement are no longer eligible to receive tax-deductible contributions. For the list of organizations whose tax-exempt status was revoked, visit the IRS web site: www.IRS.gov.

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Federal Estate Tax – 2012 Inflation Adjustment

November 2, 2011

By law, the IRS periodically adjusts the amount of many Federal tax deductions, exemptions and credits to reflect increases in the cost of living. The IRS has recently announced 2012 adjustments. With respect to the estate and gift tax: The Federal Estate Tax Exemption increases from $5,000,000 (the 2011 exemption) to $5,120,000 for persons who [...]

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Update from the Elder Law Institute – October 2011

October 24, 2011

On October 6th and 7th, Billi M. Ellingson and Claire Langton-Yanowitz, who joined our office in October as an Associate Attorney, attended the Minnesota State Bar Association’s Elder Law Institute. Here are some highlights of the conference: • New long-term care consultation requirement: Starting this October 2011, consultations must be offered to all those signing [...]

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Alan J. Yanowitz recognized as a Minnesota Super Lawyer

September 22, 2011

Alan J. Yanowitz recognized as a Minnesota SuperLawyer. Alan Yanowitz has been notified that he was again elected a Minnesota Super Lawyer.  Alan has been elected a Super Lawyer every year since 2003.  On its website, Super Lawyers describes its selection process as follows: “Super Lawyers selects attorneys using a rigorous, multiphase rating process. Peer [...]

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Minnesota Estate Tax on Qualified Small Businesses and Farm Property

September 22, 2011

On July 20, 2011, Governor Dayton signed an Omnibus Tax bill, which will eliminate the Minnesota estate tax on many “qualified” small businesses and “qualified” farms.  The bill excludes from the Minnesota taxable estate $4,000,000 or the value of such qualified property, whichever is less.  This exemption is in addition to the $1,000,000 exclusion from [...]

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