Educational Alerts
While many people plan out their vacations in great detail, they may be forgetting to address what to do if the unexpected happens while their out of town. Find out how setting an estate plan in place, even a basic one, can minimize your worries about those “what if’s,” and enjoy that vacation you’ve been dreaming of.
“It’s not fair!”
Parents hear this protest all the time, and it often comes from children who confuse being treated fairly with being treated equally.
One of the challenges of parenting is figuring out how to be fair to your children when, often, that doesn’t mean treating them exactly the same. Here’s an example:
Andy is ten years old and Emma is sixteen. Emma has her driver’s license and a part-time job. If you wanted to treat the two equally, you could insist that Emma ride the bus home from school, eat dinner with the family every night, and be in bed by 9:00 just like her brother. This arrangement would be equal, but it would hardly be fair to Emma. She’s older, she has more responsibilities, and she’s ready for more privileges.
The fair vs. equal dilemma doesn’t end when your children leave the nest. In fact, it often extends into your estate plan. It’s easy to feel that you must divide your assets equally among your children. In reality, though, this isn’t always the best plan for your family. The real question is how to accommodate your children’s unique needs so that your estate plan strikes a fair balance.
Imagine you have three children, Tom, Adam, and Amy. Each of your children has a thriving career. Tom is an IT specialist, Amy is a doctor, and Adam has helped you build the family business into the success it is today. In fact, your family business is so successful that it makes up much of your net worth.
This leads to a dilemma: how do you divide your estate? It makes sense to leave your family business to Adam. He has a passion for it, and he’s poured his life into it for years. The problem is, doing so would mean that Adam would inherit most of your estate – a result that is neither fair nor equal.
Another option would be to leave each of your children an equal interest in your business. However, this solution would likely be neither fair nor practical. Tom and Amy have their own careers, with little interest in the day-to-day running of the family business. Entangling them in its operations would not only be a cause of pressure for them, it might turn into a source of conflict, ultimately harming your children and the business.
The solution might be to leave the business to Adam, and buy a life insurance policy on yourself to benefit Tom and Amy. The life insurance policy would increase your net worth in an amount sufficient to fund Tom’s and Amy’s inheritances and ensure your children are treated fairly, meeting their individual needs.
This is only one of a range of possible solutions. An experienced estate planning attorney can help you sort through all your estate planning options and settle on the plan that best meets your family’s needs so you’ll never again have to hear, “It’s not fair!”
This month’s Alert examines the rules regarding distributions from IRAs and retirement plans. In particular, it examines reasons to make a trust the beneficiary and rules regarding who is the measuring life for minimum required distribution purposes.
This month’s Alert examines two high-profile cases which illustrate the importance of naming guardians for minor children.
This month’s Alert examines how the “fiscal cliff” legislation could result in changes for estate plans. Depending on the couple, it might mean they could simplify their plan. However, there are many non-tax reasons that they may want to keep a more complex plan.
This month’s Alert discusses how the “fiscal cliff” legislation impacts your clients’ estate plans.
This month’s Alert focuses on the increased trust litigation arising from the unintended consequences of the temporary repeal of the estate tax in 2010.
The Alert this month examines “portability” and the steps necessary to take advantage of it under newly-released regulations.
This month’s Alert examines the importance of proper IRA beneficiary designations. The Alert examines a case in which the stretch of IRA distributions was not maximized because of the beneficiary designation.
With more than half of marriages ending in divorce, an increasing number of families are “blended families.” The Alert this month examines the unique issues faced in planning for blended families.
This month’s alert examines the current, perhaps short-lived, opportunity for clients to give away millions of dollars during their lifetime without a gift tax. Unless the law changes, this narrow window will close at year-end.
This month’s Alert examines how effective use of disclaimers can save millions in taxes. The Alert examines a ruling request presented to the IRS involving such a situation.
This month’s Alert reviews the inflation adjustments applicable to federal taxation in 2012. It examines changes in the estate, gift, and generation skipping transfer taxes, as well as income taxes.
This month’s Alert examines when the income of a trust may be considered available to creditors. The Alert examines a case involving the availability for purposes of determining alimony.
This month’s Alert examines the continuing uncertainty with the Estate and Gift Tax and the unique, limited-time opportunities which are available now.
Elder law is an increasingly important area of law for clients. This month’s Alert examines a Wisconsin case concerning an Irrevocable trust which was included as an available asset for Medicaid purposes. The Alert also examines what they could have done differently to achieve a better result.
This month’s Alert examines the IRS’ recent release of instructions regarding how to ensure portability of the applicable exclusion amount at the death of the first spouse. Many surviving spouses may see an estate tax return at the death of the first spouse to be unnecessary. This alert shows why advisors should document that they advised the filing of an estate tax return.
Clients occasionally attempt do-it-yourself estate planning. Sometimes they use software assistance, borrow from others’ documents, or amend their professionally prepared documents themselves. This month’s Alert looks at one such story and the havoc it wrought. In the end, the client’s goals were not achieved and her loved ones were pitted against each other in court.
The estate tax law is a moving target, both at the federal and state level. This month’s Alert examines a case which illustrates how the changing laws can result in unintended results in your plan. Now, more than ever, it is important to review your estate plan periodically to ensure the outcome you want.
This month’s Alert examines the Obama Administration’s 2012 budget proposal and how it might affect estate, gift, GST, and income taxes. Further, the Alert looks at how our tax system compares to other developed countries.
Nowadays, a growing number of consumers attempt to prepare estate planning and other documents of legal significance without professional assistance. These do-it-yourselfers are penny-wise and pound-foolish. This Alert examines several cases in which the decedent attempted to create or modify his own estate plan, with disastrous results.
IRAs and Qualified Plans are an increasing portion of our clients’ wealth. The advantages of the income tax deferral are well-known. This month’s Alert looks at developments regarding the creditor protection such plans provide, not only for the contributor, but also for those who inherit them.
Elizabeth Taylor died recently with a $1 billion estate. This month’s Alert focuses on her estate, her philanthropy, and various advanced estate planning techniques with a charitable component. Read this month’s Alert to find out how charitable giving can help you and your clients meet estate planning goals.
This Alert examines how a tax-deferred annuity may not be the best solution for senior clients. It demonstrates how a single premium immediate annuity, or “SPIA” may be a better alternative for clients, especially if the client is in a lower tax bracket than the children who will inherit it.
This month’s Alert examines how effective use of disclaimers can save millions in taxes. The Alert examines a ruling request presented to the IRS involving such a situation.
The question of whether to fund a credit shelter trust has long been a central question in estate planning. With the new tax law and it’s temporarily increased exemption, the question is all the more relevant. This month’s alert discusses a new method of adding flexibility to your clients’ trust. The FlexTrust allows an independent Trust Advisor to decide whether and to what extent the credit shelter trust should be funded.
