• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

CPA/Lawyer Disagree

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

J

Juliet

Guest
Help Please! I am getting conflicting advice from a lawyer and a CPA regarding leaving stocks and funds in my name only or naming my daughter with a TOD. Lawyer says to do TOD because of bypassing probate (state of Wisconsin). CPA says leave in my name only because assets have appreciated greatly. Another conflict: I am a 63 year old widow. Laywer says to start taking withdrawals from appreciated IRA's and 401ks but CPA says to start selling funds and stocks and leave IRAs and 401ks until 70 1/2? What to do?
Thanks very much!
 


ShyCat

Senior Member
Your lawyer may be right. There is no one-size-fits-all rule for this. It is sometimes more beneficial to begin withdrawing money from appreciated IRAs and 401(k) before age 70 1/2, even if you don't need that money for current expenses. You can always re-invest that money in bank CDs or other taxable security/account.

Once you reach age 70 1/2, you are required to take minimum distributions based on strictly mandated life-expectency guidelines. The result could easily be large distributions that are mostly eaten up by the big jump in your tax rates. For example, if taking withdrawals now would increase your income to a level still within the 28% tax bracket, you might be much better off in the long run than if you waited until mandatory distributions throw you into the top tax bracket of 39.6%.

Also, your heirs will receive a stepup in cost basis for stocks and mutual funds not in tax-deferred accounts (IRAs and 401(k)s). In other words, if your stock had a cost basis of $1,000 but was worth $50,000 when it passed to your heirs, their cost basis for that stock would be the stepped up basis of $50,000. If they sold it for $50,000, there'd be no capital gains and consequently, no tax. On the other hand, the heir of a $50,000 IRA will, upon taking a distribution, pay ordinary income taxes (rather than capital gains) up to 39.6%.

I'm concerned that your CPA did not advise you of these differences. Please evaluate for yourself whose advise is in your best interest, not their own.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top