2019 IRS Contribution Limits for 401k, 403(b) and IRA Retirement Accounts

The IRS recently announced the new cost of living adjustments to the annual limits on retirement contributions for 2019.  These are the limits that outline the amount of money you can contribute to certain tax benefited retirement plans.  This can and should affect how you formulate your Tennessee estate and retirement planning.  A really good strategy for long term estate planning is to make sure a significant portion of your assets are in these tax advantaged accounts.

The new 2019 annual limits for contributions to a 401(k), 403(b), most 457 plans and the federal government Thrift Savings Plan increases for 2019 to $19,000.00.  This is the first change we have had in a few years and it is certainly good news for retirement savers.  The annual catchup contribution allowance for these plans, available to those over 50, stands at $6,000.00 for 2019.   As a result, someone over the age of 50 can contribute $25,000.00 annually to their 401k starting in 2019.

The limit for contributions to an IRA (Roth or normal IRA) also went up in 2019.  It is now a limit of $6,000.00.  For those who take advantage of the Roth IRA, the AGI (Adjusted Gross Income) phase-out level for the ability to contribute was adjusted up for 2019.  The phase-out now begins at $193,000.00 for married couples filing jointly and $122,000.00 for singles and heads of household.  Once you hit these levels, the ability to contribute begins to phase out until it is eliminated on a gradual scale.

It is important to work to update your beneficiary designations on your retirement and other accounts while you review if any of the above changes can affect you.  In Tennessee, if you have a proper beneficiary designation, these assets can pass outside of probate.  If you do not have any designation or if you name your estate the beneficiary, then this money will pass through your estate in the probate process.  This will certainly extend the time it will take to get to the proper beneficiaries.  Sometimes this is necessary or preferred, but it is really important to make an informed decision on this issue.  Many times, the beneficiary designations do not match the terms in the Will - and this is usually unintended.  Life circumstances also change and this is an important thing to remember so your beneficiary designations match your intentions that are expressed in your Will.

2018 IRS Contribution Limits for 401k, 403(b) and IRA Retirement Accounts.

The IRS recently announced the new cost of living adjustments to the annual limits on retirement contributions for 2018.  These are the limits that identify the amount of money you can contribute to certain tax benefited retirement plans.  This can and should affect how you formulate your estate and retirement planning in Tennessee.  A really good strategy for long term estate planning is to make sure a significant portion of your assets are in these tax advantaged accounts.

The new 2018 annual limits for contributions to a 401(k), 403(b), most 457 plans and the federal government Thrift Savings Plan remains the same as the prior year at $18,500.00.  This is the first change in several years and it welcome news for retirement savers.  The annual catchup contribution allowance for these plans, available to those over 50, stands at $6,000.00 for 2018.   As a result, someone over the age of 50 can contribute $24,500.00 annually to their 401k starting in 2018.

The limit for contributions to an IRA (Roth or normal IRA) is unchanged for 2018.  It remains at $5,500.00.  For those who take advantage of the Roth IRA, the AGI (Adjusted Gross Income) phase-out level for the ability to contribute was adjusted up for 2018.  The phase-out now begins at $189,000.00 for married couples filing jointly and $120,000.00 for singles and heads of household.  Once you hit these levels, the ability to contribute begins to phase out until it is eliminated.

You need to work to update your beneficiary designations on your retirement and other accounts while you review if any of the above changes can affect you.  In Tennessee, if you have a proper beneficiary designation, these assets can pass outside of probate.  If you do not have any designation or if you name your estate as the beneficiary, then this money will pass through your estate in the probate process.  This will certainly extend the time it will take to get to the proper beneficiaries.  Many times, the beneficiary designations do not match the terms in the Will - and this is usually unintended.  Life circumstances also change and this is an important thing to remember so your beneficiary designations match your intentions that are expressed in your Will.

2017 IRS Contribution Limits for 401k, 403(b) and IRA Retirement Accounts

The IRS recently announced the new cost of living adjustments to the annual limits on retirement contributions for 2017.  These limits reflect the amount of money you are able to contribute to certain tax benefited retirement plans.  This can and should affect how you formulate your estate and retirement planning in Tennessee.

The new 2016 annual limits for contributions to a 401(k), 403(b), most 457 plans and the federal government Thrift Savings Plan remains the same as the prior year at $18,000.00.  This number has not changed over the past few years.  The annual catchup contribution allowance for these plans, available to those over 50, stands at $6,000.00 for 2017.   As a result, someone over the age of 50 can contribute $24,000.00 annually to their 401k.

The limit for contributions to an IRA (Roth or normal IRA) is also unchanged for 2017.  It remains at $5,500.00.  For those who take advantage of the Roth IRA, the AGI (Adjusted Gross Income) phase-out level for the ability to contribute was adjusted up for 2017.  The phase-out now begins at $186,000.00 for married couples filing jointly and $118,000.00 for singles and heads of household.  Once you hit these levels, the ability to contribute begins to phase out – and it is eventually completely eliminated.

I highly recommend that you work to update your beneficiary designations on your retirement and other accounts.  In Tennessee, if you have a proper beneficiary designation, these assets can pass outside of probate.  If you do not have any designation or if you name your estate as the beneficiary, then this money will pass through your estate in the probate process.  Many times the beneficiary designations do not math the Will and that is usually unintended.  Life circumstances change and this is an important thing to remember so your beneficiary designations match your intentions that are expressed in your Will.

New 2016 IRS Contribution Limits for 401k, 403(b) and IRA Retirement Accounts

The IRS recently announced the new cost of living adjustments to the annual limits on retirement contributions.  These limits impact the amount of money you can contribute to specific retirement plans.  This can have an effect on how you formulate your estate and retirement planning in Tennessee.

The new 2016 annual limits for contributions to a 401(k), 403(b), most 457 plans and the federal government Thrift Savings Plan remains the same as the prior year at $18,000.00.  The helpful annual catchup contribution to these plans, available for those over 50, stands at $6,000.00 for 2016. 

The limit for contributions to an IRA (Roth or normal IRA) is not changed for 2016.  It remains at the $5,500.00 level.  For those that take advantage of the Roth IRA, the AGI (Adjusted Gross Income) phase-out level for the ability to contribute was adjusted up for 2016.  The phase-out now begins at $184,000.00 for married couples filing jointly and $117,000.00 for singles and heads of household.  Once you hit this level, your ability to contribute starts to phase out.

The beginning of a new year is always a great time to update your beneficiary designations on your retirement accounts.  In Tennessee, if you have a proper beneficiary designation, these accounts can pass outside of probate.  If you do not have any designation or if you name your estate as the beneficiary, then this money will pass through your estate in the probate process.  Life circumstances sometimes change and this is an important thing to remember so your beneficiary designations match up with your intentions that are expressed in your Will.

Confusion on When a Tennessee Probate Estate Should be Opened

I get a lot of interesting questions when I tell people that I practice Probate law in Tennessee.  One of the things that is most confusing to people is how to know when an actual estate needs to be opened for their loved one.  As a general rule, Tennessee probate estates only need to be opened when there are probate assets.  Probate assets include bank accounts that are not joint and do not have any “pay on death” or “transfer on death” designations.  Other probate assets include real estate when there is no joint, right of survivorship, co-owner.  Probate assets can also include life insurance policies and retirement accounts that do not have a beneficiary or that list the estate as the beneficiary.  These are the most common probate assets that can require an estate to be opened in Tennessee.

A lot of family members who do not receive anything from an estate can be very confused by these rules.  They are often upset because they never see a will or any probate filings.  What I tell them is that if all of the assets are disposed of by other methods (joint ownership of real property, beneficiary designations on accounts or joint ownership of accounts) then they may never see the will or any details concerning what happened to the assets.  There is no central database that allows people to find this information out simply by searching (however, when an estate is opened, it is public record).  Banks, life insurance companies and mutual fund companies will simply quietly disperse the funds to the beneficiaries pursuant to the wishes of the decedent assuming the information they are provided matches their records and policies.

All of this being said, this does not mean that on occasion, sometimes people manipulate the system and get access to accounts and assets improperly.  If you suspect this, often the only thing you can do is to try to force the issue by opening an estate and have an administrator appointed (or be the executor) so that you can investigate and determine if things were handled correctly.  This costs money but I would highly recommend you hire an attorney to assist wit...

New 2015 IRS Contribution Limits for 401k, 403(b) and IRA Retirement Accounts.

The IRS recently announced the new cost of living adjustments to the numerous annual limits on retirement contributions.  These limits impact the amount of money you can contribute to a retirement plan.  This can have an effect on how you formulate your estate and retirement planning in Tennessee.

The new 2015 annual limits for contributions to a 401(k), 403(b), most 457 plans and the federal government Thrift Savings Plan has increased from $17,500.00 to $18,000.00.  The helpful annual additional catch-up contributions to these plans, available for those over 50 was also increased from $5,500.00 to $6,000.00. 

The limit for contributions to an IRA (Roth or normal IRA) is not changed for 2015 and remains at the $5,500.00 level.  For those that take advantage of the Roth IRA, the AGI (Adjusted Gross Income) phase-out level for the ability to contribute was adjusted up for 2015.  The phase-out now begins at $183,000.00 for married couples filing jointly and $116,000.00 for singles and heads of household.

One other important thing to always remember, is that you need to update and keep current your beneficiary designations on your retirement accounts.  In Tennessee, if you have a proper beneficiary designation, these accounts pass outside of probate.  If you do not have any designation or if you name your estate as the beneficiary, then this money will pass through your estate in the probate process.

Are Bank Accounts with a “Right of Survivorship”, “Pay on Death” or “Transfer on Death” Designation Part of a Probate Estate in Tennessee?

Bank accounts with a ”right of survivorship”, “pay on death” or “transfer on death” designation are generally not part of your probate estate in Tennessee.  These accounts pass pursuant to the specific contract terms for the account.  This is very important to remember when constructing a comprehensive estate plan.  Sometimes people add one or two of their children to their bank accounts late in life in order to help with paying the bills.  This can have a very significant unintended consequence.  If the children were actually added as joint owners on the account with right of survivorship, then the money in that account will pass directly to them upon death.  It will not pass pursuant to the terms in your will.  This could certainly conflict with your intentions to split things equally among your children.    

As a result, when planning how your assets will be distributed to your heirs or children, it is important to keep this information in mind.  If you desire to have your assets split equally among your children, for instance, then make sure the bank accounts do not unintentionally pass a significant amount of money to one of your children simply because they have been added to the account.  People sometimes have their will drafted correctly where it shows all of their assets should be split equally among their children.  However, they do not take into consideration how their bank accounts are listed or owned.  This can cause an unintentionally uneven distribution of assets after your death (this can also happen with 401k assets and Life Insurance policies).  This is why it is important to have a comprehensive discussion with a Tennessee estate planning attorney about your assets and how you want your assets to be passed to your loved ones upon your death.

Follow me on Twitter at @jasonalee for updates from the Tennessee Wills and Estates blog.

Is a 401k Distributed Pursuant to your Will and is it Part of a Probate Estate in Tennessee?

One thing a significant amount of people do not realize is that a 401K is not necessarily part of someone’s estate in Tennessee.  As a result, almost always 401k assets are not distributed pursuant to the intentions expressed in your will.  Some people believe a 401k passes pursuant to whatever terms are in their will but this is simply not true.  As a general rule, when someone dies, their 401k proceeds are not distributed under the will.  They are instead distributed based on the beneficiary designations in the 401k.  This is important to remember when constructing an appropriate estate plan.  It also should cause you to check your beneficiary designations periodically to make sure they match your intentions. 

However, there are some circumstances where the 401k could be paid to the estate (and therefore pursuant to the will).  For instance, if somebody does not list any beneficiary on the 401k, then the proceeds would be paid into the estate (unless the 401k plan documents dictate otherwise).  Additionally, people can list their estate as the beneficiary for the 401k.  There are only a very limited number of circumstances where this would be appropriate.  Due to the tax and other consequences of such a designation, it is almost always better to list an individual as the beneficiary of a 401k. 

Due to the fact the 401k money is generally distributed pursuant to the beneficiary designation, the 401k assets are not part of a probate estate (however, they are still counted for purposes of the Tennessee Inheritance Tax and Federal Estate Tax).  This is usually a positive so you can avoid the claims of creditors in a probate estate and so the money can be distributed to the beneficiaries faster.

As a result, when planning how your assets will be distributed to your heirs or children, it is important to keep this information in mind.  If you desire to have your assets split equally among all of your children, for instance, then make sure your beneficiary designations on your 401k and life insurance policies reflect this intention.  Sometimes people have their will done correctly where it shows that all their assets should be split equally among their children, but they do not pr...

What types of assets are not probate assets in Tennessee?

It is important to determine what assets are probate assets and what assets are not probate assets to determine whether an estate needs to be probated under Tennessee Law.  It is important to plan ahead in order to keep as many assets out of the probate process if possible.  Assets that do not pass through the probate process include the following:

1.         Any 401k plan, IRA plan or any other type of retirement plan that designates a specific beneficiary (other than where the beneficiary is designated as the decedent's estate).

2.         Any asset including bank accounts, real estate, automobiles or other assets that are titled in the name of the deceased individual and another individual as joint tenants or tenants by the entirety with right of survivorship.  These assets pass immediately upon death to the other individual.

3.         Any asset of any kind that are titled in the decedent's name with a "transfer on death" or "pay on death" designation for a specific beneficiary other than the decedent's estate.

4.         Any life insurance policy which has a specific beneficiary designated other than the estate of the deceased individual.

It is important to determine what assets are probate assets and what assets are not probate assets in order to determine whether a will needs to be probated under Tennessee law.  A Tennessee probate attorney should be consulted to determine how to make this decision after an individual dies.  Additionally certain decisions can be made before death in order to reduce or eliminate what assets pass through the probate process.

In Tennessee when are you required to go through a court supervised probate process to handle an estate?

One of the most important questions when considering how to handle a deceased person's estate is whether a formal court monitored probate process is required.  T.C.A. § 30-1-101 provides that "no person shall presume to enter upon the administration of any deceased person's estate until the person has obtained letters of administration or letters testamentary."  Essentially, this statute prohibits the administration of an estate outside of the formal court probate process for someone who died who had assets that are commonly referred to as "probate assets". 

The next question therefore is what "probate assets" would likely require the formal probate administration process that is required under Tennessee law.  Examples of key "probate assets" are as follows:

1.         Any 401k, IRA, or any other kind of retirement plan that designates the estate of the decedent as a beneficiary.

2.         Any life insurance policy of the decedent that lists the estate as a beneficiary.

3.         Any asset that is titled in the decedent's name without any designation of a beneficiary or without joint ownership with another individual.

4.         Any asset that is titled in the decedent's name that has anther individual listed on the title as "tenants in common".

It is very important when someone dies to carefully evaluate whether the court administrated probate process is required under Tennessee law in order to properly distribute the assets of the deceased.  This is where the advice of a probate attorney is very valuable to handle your specific situation.  Contact me if you want to discuss this or any other issue involving the probate of an estate.