The estate planning attorney in this gentleman’s neighborhood isn’t worried about this rancher’s plan to avoid the “courtroom mumbo jumbo.” It’s not the first time someone thought they could make a short-cut work, and it won’t be the last. However, as described in the article “Estate planning workaround idea needs work” from My San Antonio, the problems this rancher will create for himself, his wife, and his children, will easily eclipse any savings in time or fees he thinks he may have avoided.
Yes, death is the ultimate grim topic. However, it is an important one to discuss with your loved ones and your estate planning attorney. If you don’t have an estate plan in place, and one that is done correctly, you may doom your family to spending years and more money than you’d want on court proceedings and legal fees to settle your estate. You can prevent all this, by creating an estate plan with a qualified estate planning attorney. It is really that simple, says The San Diego Union-Tribune in the article “6 estate-planning mistakes to avoid.”
Many people spend more time planning a vacation than they do thinking about who will inherit their assets after they pass away. Although estate planning isn’t an enjoyable activity, without it, you don’t get to direct who gets everything for which you’ve worked so hard.
Investopedia asks you to consider these four reasons why you should have an estate plan to avoid potentially devastating results for your heirs in its article “4 Reasons Estate Planning Is So Important.”
Wealth Won’t Go to Unintended Beneficiaries. Estate planning may have been once considered something only rich people needed, but that’s changed. Everyone now needs to plan for when something happens to a family’s breadwinner(s). The primary part of estate planning is naming heirs for your assets. Without an estate plan, the courts will decide who will receive your property.
Protection for Families With Young Children. If you are the parent of small children, you need to have a will to ensure that your children are taken care of. You can designate their guardians, if both parents die before the children turn 18. Without a will and guardianship clause, a judge will decide this important issue.
Avoid Taxes. Estate planning is also about protecting your loved ones from the IRS. Estate planning is transferring assets to your family, with an attempt to create the smallest tax burden for them as possible. A little estate planning can reduce much or even all of their federal and state estate taxes or state inheritance taxes. There are also ways to reduce the income tax beneficiaries might have to pay. However, without an estate plan, the amount your heirs will owe the government could be substantial.
No Family Fighting (or Very Little). One sibling may believe she deserves more than another. This type of fighting can turn ugly and end up in court, pitting family members against each other. However, an estate plan enables you to choose who controls your finances and assets, if you become mentally incapacitated or after you die. It also will go a long way towards settling any family conflict and ensuring that your assets are handled in the way you wanted.
To protect your assets and your loved ones when you no longer can do it, you’ll need an estate plan. Without one, your family could see large tax burdens, and the courts could say how your assets are divided, or even who will care for your children.
Reference: Investopedia (May 25, 2018) “4 Reasons Estate Planning Is So Important”
For a guy who was often derided as living in a bubble of “old money,” George H.W. Bush didn’t accumulate a whole lot of cash. However, he really didn’t need to. The whole point of dynastic wealth is that it creates a seamless support system from cradle to grave, says Wealth Advisor’s recent article, “American Dynasty: What G.H.W. Bush Leaves Behind (And Who Steps Up To Inherit).”
Bush begins near zero on paper, sells his oil company and lets the interest accumulate. When his father dies, he doesn’t record more than a $1 million windfall. At that time, these were still impressive numbers, but it wasn’t exactly dynastic money. For a Bush of his era, it’s just money. The real non-negotiable asset is the Maine summer home. He paid $800,000 cash for it when he joined the Reagan White House and sold his Texas place to raise the money. However, his 1031 exchange switching houses backfired, because he still claimed Texas residency and so got no tax break on the capital gain.
Interestingly, the Kennebunkport house hasn’t been passed on through inheritance for generations and has never been put into a trust. The relative willing to take on the house would buy it from the previous owner’s estate, but it’s currently assessed at $13 million. Purchasing it would trigger roughly a $12 million capital gain today and wipe out the entire estate tax exemption for he and Barbara.
However, President Bush had world-class tax planning, and the family lawyer in Houston has been with him since the 1980s. The house isn’t in a trust yet, but it’s owned by a shell partnership that plays a similar function.
Bush owned the partnership, and now that both George and Barbara are gone, the partnership might roll into a trust to distribute shares in the house to the children. If that’s the case, provided the kids see value in keeping the house, the trust pays the bills. Otherwise, they will sell it one day and distribute the proceeds.
Presidential memorabilia is very valuable. Most of the President’s collection went to his library. Otherwise, there might not be a lot of cash because George didn’t live very lavishly. His government pension probably was used for his everyday expenses. Any cash left in that trust, might well have accumulated for the beneficiaries. However, interestingly, much of the income was given to the kids years ago. This may have made a big difference establishing them in lives of business and philanthropy.
Reference: Wealth Advisor (December 3, 2018) “American Dynasty: What G.H.W. Bush Leaves Behind (And Who Steps Up To Inherit)”
Trust funds are often associated with the very rich, who want to pass on their wealth to future heirs. However, there are many good reasons to set up a trust, even if you aren’t super rich. You should also understand that creating a trust isn’t easy.
U.S. News & World Report’s recent article, “Setting Up a Trust Fund,” explains that a trust fund refers to a fund made up of assets, like stocks, cash, real estate, mutual bonds, collectibles, or even a business, that are distributed after a death. The person setting up a trust fund is called the grantor, and the person, people or organization receiving the assets are known as the beneficiaries. The person the grantor names to ensure that his or her wishes are carried out is the trustee.
While this may sound a lot like drawing up a will, they’re two different legal vehicles.
Trust funds have several benefits. A trust can reduce estate and gift taxes and keep assets safe. With a trust fund, you can establish rules on how beneficiaries spend the money and assets allocated through provisions. For example, a trust can be created to guarantee that your money will only be used for a specific purpose, like for college or starting a business.
A trust fund can also be set up for minor children to distribute assets to over time, such as when they reach ages 25, 35 and 45. A special needs trust can be used for children with special needs to protect their eligibility for government benefits.
At the outset, you need to determine the purpose of the trust because there are many types of trusts. To choose the best option, talk to an experienced estate planning attorney, who will understand the steps you’ll need to take, like registering the trust with the IRS, transferring assets to the trust fund and ensuring that all paperwork is correct. Trust law varies according to state, so that’s another reason to engage a local legal expert.
Next, you’ll need to name a trustee. Choose someone who’s reliable and level-headed. You can also go with a bank or trust company to be your trust fund’s trustee, but they may charge around 1% of the trust’s assets a year to manage the funds. If you go with a family member or friend, also choose a successor in case something happens to your primary trustee.
It’s not uncommon for people to have a trust written and then forget to add their assets to the fund. If that happens, the estate may still have to go through probate.
Another common issue is giving the trustee too many rules. General guidelines for use of trust assets is usually a better approach than setting out detailed rules.
Reference: U.S. News & World Report (November 8, 2018) “Setting Up a Trust Fund”