Gift Tax

Arkgolfer

Dryer sheet wannabe
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Oct 2, 2015
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My mother is 89 years old and has Parkinson’s. She is still able to take care of most of her needs without assistance. She does have a home health nurse that stays with her for 4 hours a day. My mother is very astute when it comes to financial matters as well. She has significant amount invested and saved. She is currently living off a pension and social security comfortably. She knows that she could have to be placed in a nursing home if she is unable to take care of herself. She wants to start gifting her investments and savings to her heirs, myself and my siblings.

The total of her investments is not over the 11.58 mil max of total gift allowance. Besides filing the appropriate 709 form, is there anything else I should be aware of?
 
Check with an elder law expert in your state. There is a look-back period of several years for assets that must be exhausted before she can get state assistance with nursing home costs. So she probably can't protect assets by giving them away. This is another area for specialists, not SGOTI.
 
Perhaps I misread, but I don’t see any reference in the OP of an intention to give away all the assets and become eligible for Medicaid.

Aside from gift tax, no real issues. Does she have a will?
 
It would not be wise to gift appreciated investments. Heirs will get stepped up basis if they inherit, but if the investments are gifted, the basis is transferred with the gift.
 
Annual gifting program of cash up to tax free limit. I would not gift apprecIated property as a general rule due to adverse tax consequences.
 
Consider the income tax consequences to all concerned.

If she takes money out of her traditional IRA to gift it to you and her other heirs, it'll be taxed at her tax rate; if you and the other heirs inherit the IRA after she passes away, then it'll be taxed at your tax rate over 10 or 11 years. She's probably in a higher bracket than the heirs average brackets.

She can pay college and medical expenses directly to the universities or medical providers and that does not count towards either the $11.7M lifetime exemption nor the $15K annual limit.

Consider QCDs to charity if she has a charitable bent. Or if the kids have a charitable bent, she can QCD to that charity and the kids can keep the money they would have given, and it's effectively a wealth transfer from her to kids.

Consider giving to kids, grandkids, kids' spouses, nieces, cousins, etc. since it's $15K per year per person. The per person thing can really multiply.

Don't give away any amounts that would result in her feeling insecure or dependent, or any amounts that would be bad for the recipients to receive. But giving away sooner means the growth happens in the heir's net worth, not in hers. It sounds like she might be in a runaway freight train of net worth situation, which can require effort to slow down. If she's at $5M and the market gives 10%, that's $500K of growth, which may be hard for her to spend or give away.

If her health is declining it'd be good to get the health care paperwork in place. Whatever her state uses - medical POA, living will, POST, DNR, etc. Also a springing or durable financial POA if appropriate and if she doesn't have one yet.

Try to divvy up the traditional IRA among as many heirs as possible, to lessen the income tax spike for the heirs. Consider adding grandkids to the IRA beneficiary list if appropriate.

I'd personally stay away from any products like life insurance or annuities or trusts unless recommended by an estate planning attorney that I really trusted and was well trained and the product made sense to me.
 
My mother is 89 years old and has Parkinson’s. She is still able to take care of most of her needs without assistance. She does have a home health nurse that stays with her for 4 hours a day. My mother is very astute when it comes to financial matters as well. She has significant amount invested and saved. She is currently living off a pension and social security comfortably. She knows that she could have to be placed in a nursing home if she is unable to take care of herself. She wants to start gifting her investments and savings to her heirs, myself and my siblings.

The total of her investments is not over the 11.58 mil max of total gift allowance. Besides filing the appropriate 709 form, is there anything else I should be aware of?

Assuming from your post your father is not alive? Were they married? If so, I believe $11.5M exclusion would carry over to your mother for a total of $23M?? That's my layman's understanding, but could be wrong.
 
Assuming from your post your father is not alive? Were they married? If so, I believe $11.5M exclusion would carry over to your mother for a total of $23M?? That's my layman's understanding, but could be wrong.

It depends what the exclusion amount was when he died, and if anyone filed an estate tax return for him and selected portability for the unused portion of his exemption.
 
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