Estate Planning
This topic concerns inheritance tax and gift tax and disposal of one's estate upon one's passing away
* Wills
* Trusts
* GRATs
* GRITs
* ToD accounts
* A/B Trusts
* ILITs
* Charitable grants
* Estate Valuation Discounting through FLPs
* Gift Tax Planning
* Charitable donations
* Final instructions (burial, organ donation, cremation, funeral
service, etc.)
Even though inheritance tax will be
temporarily
abolished for the year 2010, in 2011 it will be fully re-instated. This
tax is here to stay.
A Will and a Trust should be written by an attorney. A financial
planner should integrate the financial aspects of estate planning with
the legal work of the attorney who will write up the wording for the
Will
and the Trust.
This topic is important. Suppose that Mr.
X passes away and in his will it says "give all my assets to my
brother".
If the brother passed away a month later due to jointly sustained
injuries
in a car crash, etc., then their two estates might be double taxed
(because
each death is a separate inheritance tax event), and since estate tax
is
about 50%, this would mean a 75% tax.
If Mr. X dies with a substantial IRA
account
his estate must declare the funds from the IRA are income and pay
income
tax on it and then also pay inheritance tax, which could be a 75%
combined
tax. With attorney's fees and court costs, a person who dies without a
Will while owning a large IRA account could lose much more than 75%.
Also, if a person who has minor children
dies they should have a guardian named in the will. Everyone should ask
an attorney (and a financial planner) for advice about wills and
trusts.
If someone dies without a trust their assets go through a court
procedure
called probate which is slow, costly, and lacks privacy. By having
assets
held by a trust, then those assets do not go through probate. By
designating
someone as an IRA beneficiary, then the IRA ownership goes from
custodian
to beneficiary without going through probate when the owner dies. So
even
if you have a modest net worth, a Revocable Family Trust for estate
planning
purposes can save money and trouble. Only an attorney can write up a
Will
or a Trust, do not attempt to do it yourself.
Mayflower Capital
Donald Martin, M.B.A., CFP®
1000 Fremont Ave. Ste. 135, Los Altos,
CA 94024
Telephone (650) 949-0775