July 29, 2009
Couple is married and Mr. makes Mrs. the primary beneficiary of his retirement account.
Mr. & Mrs. get divorced.
Mr. does not change his beneficiary and then dies.
The U.S. Supreme court recently ruled in Kennedy Estate vs. Plan Administrator for DuPont Savings that the ex-spouse gets 100% of the retirement plan because the beneficiary designation trumps the divorce decree .
Moral of story: Always update your beneficiary designations for retirement plans, especially after a divorce.
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Estate Planning |
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Posted by tfsammons
July 23, 2009
This year, most closings are first-time buyers. They are eager to get the $8000.00 tax credit for first-timers. This is a pretty simple process.
To get the $8000.00 tax credit you can either amend your 2008 tax return or wait to file your 2009 tax return. Since most first-buyers were picked clean of available cash at closing, they amend their 2008 tax return to get the refund right away.
To amend your 2008 tax return, you will need:
1. A copy of your 2008 tax return;
2. Form 1040x, which is the amendment form;
3. Form 5405, the form that indicates that you are a first-time buyer who has joined the land-owning gentry.
If you type “1040x” or “form 5405” into google the forms pop right up. In the attached, I show how to fill out the form. This assumes that the client is single and the adjusted gross income is under $75,000.00.
The refund takes about 6 to 8 weeks to process.


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Real Estate-Purchases |
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Posted by tfsammons
July 22, 2009
Illinois will offer $6,000.00 interest free loans that can be used as a downpayment by first time buyers.
Details of the program are here.
The $8000.00 tax credit given to first time buyers has been popular and has helped get first time buyers rolling. I did a closing the other day where my client/buyer had already filled out his 1040x (to amend his 2008 tax return) and had it ready to mail in from the closing. That’s thinking ahead. But, the $8000.00 tax credit comes 4-6 weeks after closing and can’t be used for the downpayment. The new Illinois loan program will provide downpayment advances for FHA loans (FHA requires 3.5% down).
Anything that props up the housing market for awhile is good by me.
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Real Estate-Purchases |
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Posted by tfsammons