When we think of Valentine’s Day, we usually think of flowers, a box of chocolates and a romantic dinner with the one we love.  Those are very nice ways to show the special people in our lives just how much we love them.

But I want to share with you a way that you can show your love, perhaps one you’ve never thought of.  But before I do, let me share a couple of stories I have heard over the years from clients and other professionals.

“About a year ago, I received a call from a very dear friend of mine.  Her husband of 20+ years had suddenly and unexpectedly passed away.  I dropped everything to be at her side and help her through the agonizing weeks to follow.  Her husband loved her very dearly; there was no doubt about that.  But he had not taken the time to change the beneficiary of his life insurance policy from his ex-wife to the love of his life.   He always meant to, they had even discussed it many times.  But he just never got around to it.”

“Just two days before this past Christmas, I received a call from a loved one that his fiancé had passed unexpectedly in her sleep at the age of 56.  I flew out Christmas Day to be with him during his time of sorrow.  I stayed with him for about a week.  Our time together was spent crying and offering comfort in any way I could.  Together, we accepted the task of trying to find her will and other important paperwork.  But to no avail.  My loved one and his fiancé had co-mingled their finances but now those monies are inaccessible until the will and other important paperwork are found.  It’s been over a month now and nothing has been found.”

You may ask “What does this have to do with Valentine’s Day?”  I’m glad you asked.  I would like to share with you what my wife and I have done to show our love for each other and our families long after we are gone.

We have created what we call “Life Box”.  We took a couple of hours one Saturday morning and went to Staples and bought a small plastic box with lid that holds hanging file folders.  Together, we assembled the contents of the box with all the information one of us would need….leaving nothing to memory or chance.

This time together was very special to both of us. The hardest part of this was actually setting the appointment with the estate attorney. Very few people like to talk about death and taxes. But when done in a way to protect and provide for the future, it can have a lasting affect. But if it does, a lasting sign of our love will be found in “Life Box”.   

I would like to encourage each of you, my friends, my family and my clients, to take a couple of hours and put your “Life Box” together. 

Life Box Contents

• Copy of Will(s) with a note as to where the original can be found.  It is a good idea to provide a copy to the executor of your Will.  
• Provisions for Children:  be sure they are clearly identified.  It is especially helpful for a guardian to leave a note regarding younger children and any special needs or desires they may have.  Keep school info up to date, name, phone and location of doctors, etc. 
• Copy of Life Insurance Policies with a note as to where the originals can be found 
• Copy of Beneficiary page from Life Insurance Policies 
• List of all Banks with account numbers, location, phone number and name of personal contact at the bank.  (Note:  if you are only an account signer, you will not be authorized to sign after the account owner has passed.  Check into a “Payable on Death’ form at your bank. 
• List of Investment Accounts, name and phone number of personal contact 
• Copy of Beneficiary Page for Investment Accounts 
• Location of Safe Deposit Box and the location of the key (many states will lock you out of the safe deposit box once they are aware of the death.  In this situation, they generally will accompany you to the box and only allow the Will to be taken out of the box.  Ask your bank how this is handled and make appropriate plans.) 
• Copy of Health Directive (if you do not have one, go to your local hospital and obtain a blank one and complete it) 
• Copy of Durable Power Of Attorney (can be obtained at local hospital, please note that all Power of Attorney’s cease upon death) 
• Important papers for pets, vet info 
• A personal note that could eliminate stress about other things, for example:  where is the key to the lawn mower, how the gas and oil is mixed for the weed eater, where is the check book kept,
• Any other important info a loved one would need 
• Military Veterans:  please contact us for additional information you will need

Fairfax, Virginia:

The Worker, Homeownership, and Business Assistance is the larger bill that included the homebuyer tax credit additions. Taxpayers wanting to take advantage of the first time home buyer credit (up to $8,000) or the new repeat home buyer tax credit (up to $6,500) can now get the revised IRS form 5405 to submit with their 2009 tax filing from the IRS website. Existing northern Virginia homeowners have been waiting for months for the revised form and instructions for months. The revised form is now posted on the IRS site. http://www.irs.gov/pub/irs-pdf/f5405.pdf – Please verify with your tax professional this is indeed the form you need.

Revised Form 5405 & Proof Needed for Federal Tax Credit

How much?

• First-Time Home Buyer Tax Credit of up to $8,000 to first-time home buyers that have a ratified contract on or before April 30, 2010 and close before July1st, 2010.
• 10% of the sales price up to maximum of $8,000 and $6,500 for current homeowners that meet the guidelines on home purchases up to $650,000.

Who is eligible?

• A “first-time home buyer” is defined as a buyer who has not owned a principal residence during the three-year period prior to the purchase. Married taxpayers, the homeownership history of both the home buyer and his/her spouse. If one spouse has owned a principle residence in the past three years, the credit cannot be taken.
• For unmarried joint purchasers, IRS Notice 2009-12 allows to allocate the credit amount to any buyer who qualifies as a first-time buyer. For example, a parent might help their child buy a home. Or two people buy a home together where one has not owned a home and one has. The credit can be taken by the eligible Ownership of other properties, such as a vacation home or rental property that was not used as a principal residence in the past three years does not disqualify a buyer as a first-time home buyer.

Special rules for people in the military

• People serving in the military on extended duty outside the U.S. for 90 days or more have an extra year, through June 2011, to buy a house and claim the tax credit.

Income:

1. What is “modified adjusted gross income”?
   Modified adjusted gross income (MAGI) as defined by the IRS.

 a)      First determine “adjusted gross income” or AGI. AGI is total income for a year minus certain deductions (known as “adjustments” or “above-the-line deductions”), but before Schedule A itemized deductions or personal exemptions are subtracted.

b)      AGI can be found on forms 1040 and 1040A tax form, is the last number on page 1 and first number on page 2.

c)      AGI on the 1040-EZ tax form, AGI appears on line 4.

d)      AGI is inclusive of all types of income received including wages, salaries, interest income, dividends and capital gains.

2.  There are partial deductions available for higher incomes, but they fall off dramatically.

For further information please review the IRS site and as always consult your tax professional. See IRS Form 5405 for more details on completing the tax credit.

Documentation Needed for First-Time Home Buyers

First-time home buyers must provide the IRS with proof of purchase. The IRS indicates that one of the following documents must be attached in order for a federal tax credit for home purchase to be processed correctly:

• Copy of Form HUD-1 (Settlement Statement) or similar document that shows all parties’ names and signatures, the property address, sales price, and date of purchase.
• Copy of the executed retail sales contract (in case of mobile home purchases) that shows the same information.
• Copy of the dated certificate of occupancy (in case of new construction) that shows the owner’s name and property address.

Additional Proof Required for Existing Homeowners

Existing homeowners are eligible for a $6,500 tax credit if they have lived in their old house for five consecutive years out of an eight-year period ending on the purchase date of the new house. In addition to the documentation requirement above, taxpayers who fall into this category must also provide proof of the five-year residence with mortgage interest statements, property tax records, or homeowner’s insurance documents.

Useful links

These links are external links that we have found useful. The links provide information some are duplicates, but each has their own point of view expressed to support their companies mission.

 From Realtor.com

Detailed information about the extended homebuyer tax credit, including

1. The Basics: Extended Home Buyer Tax Credit 2009/2010
2. How to Get the Extended Home Buyer Tax Credit
3. In-Depth: 2009 First-Time Home Buyer Tax Credit
4. American Recovery and Reinvestment Act of 2009
5. Comparison of the 2008 and 2009 first-time homebuyer tax credits.

From the National Association of Homebuilders.

Home Buyer Tax Credits – First-time homebuyer tax credit and the repeat buyer

From The IRS:
  1.  First-Time Homebuyer Tax Credit
  2.  First-Time Homebuyer Credit