Families Increasingly Look for Values Based Planning

WHEN Dal LaMagna, founder of the Tweezerman company, considered how to leave his wealth to his two children, he thought back to his early 30s, just before he achieved success. At the time, said Mr. LaMagna, 61, “I thought if I could get 600 bucks a week, I could retire on that, and I would be very happy.”

So Mr. LaMagna, who built a $30 million company — which makes beauty tools like tweezers — before selling it in 2004, set up charitable lead trusts for his son and daughter to provide them weekly incomes of about $600, starting when they turn 30 years old. (They are now 19 and 27.)

“If you give them more, it’s counterproductive to their motivation,” said Mr. LaMagna, who has spent some of his children’s potential inheritance on antiwar causes, including his own campaigns for Congress and president. “I didn’t want to take away from them the drive to do things for themselves.”

With the largest intergenerational transfer of wealth in American history now under way — the Boston College Center on Wealth and Philanthropy has estimated that $41 trillion will change hands by 2052 — Mr. LaMagna and others are reconsidering the meaning of inheritance, thinking not just about the money but about the values they want to pass with it.

Families have often avoided the discussion of inheritance, which involves both death and money. But as the nature of wealth in America changes, many people are beginning to talk more openly about their money and the purpose it has for them.

These discussions are taking place against a backdrop of changing estate tax laws, innovative trust instruments, armies of newly minted wealth advisers, a troubled economy with markets in upheaval and family ties that are complicated by divorce, remarriage, adoption and domestic partnership. Not to mention the public spectacles of Anna Nicole Smith and Paris Hilton.

Among the parents’ considerations are whether to give now or later; how to provide for the companies or foundations they started; whom they want to manage their children’s trusts; and how to protect themselves from catastrophic health care costs. Add to the mix new financial services like children’s wealth camps, family mission statements, “ethical wills” and, above all, the question: What sort of lives do they want their children to lead?

Patricia Angus, principal of wealth advisory services at Shelterwood Financial Services in New York, said that many of her clients were changing how they define wealth.

“The definition is broadening to include not just financial capital but human, social and intellectual capital,” Ms. Angus said. “Professionals used to think it was just, How do I transfer my financial assets at the lowest tax costs? Now people are asking, What is the purpose and meaning of what I’m doing here, and how do I pass those down? It’s not about death. It’s about an experience in life, an opportunity to talk as a family about purpose and values that might not otherwise come up. For people who just write a document and put it in a drawer to be opened on their death, I don’t see that opportunity coming up.”

Many still want to pass down as much wealth as possible. But for others, the change in philosophy reflects the fact that there are more millionaires who have earned their wealth rather than inherited it. A 2007 U.S. Trust survey of people with $5 million in investable assets found that only 20 percent of their wealth was inherited. Other surveys put the figure lower.

In the U.S. Trust survey, half the respondents said they did not fully discuss their estate plan with their children.

But once you get them talking, the conversation is often more about values and meaning than about tax strategies. An entrepreneur might see a dollar in his or her pocket as an incitement to work harder or think more creatively, but in an heir’s wallet it can be an invitation to slough off. As more Americans hire advisers to manage the financial content of their wealth, they say they are busy managing its philosophical or ethical legacy themselves.

For Gary Williams, 57, the question of how much is too much has changed from year to year. When his son was 18, he said, “I wouldn’t have handed him a dime. He wasn’t responsible. I’ve seen it happen. If you do, it’s just money to them.”

Mr. Williams, who runs a debt collection service in Rock Hill, S.C., said that money was not the biggest consideration in his children’s legacy. He and his wife have had detailed conversations about their finances and charitable giving with their son and daughter, who are now 31 and 27, and have asked them to help direct their gifts.

“They understand that they’re not going to receive our entire wealth,” Mr. Williams said. “They may inherit the company and some of our wealth, but the things we believe in — the church, scouting, serving youth — we hope to sustain those when we pass on.”

He said he had not fixed a number for their inheritance, and that the final distribution may not be equal — maybe his son, who is now more involved in the family business, will get a greater share of the company, and his daughter, who wants to stay at home after she has children, will get the beach house.

In the meantime, he gave them a total of $48,000 to invest, with the profits going toward an annual family retreat. “The long-term result is them learning to work together,” he said. At least once a year, the family sits down together to discuss investments, charities and other issues.

“Our goal is not to give them all of our assets as much as give them the knowledge to manage the assets they have, and give them the ability to do what they want in life,” Mr. Williams said. “Your self worth comes from how you get where you’re going. If it’s given to them in a limousine, they’re not going to get there very well.”

Charitable foundations and trusts have multiplied in the last decade, to the point that “now everyone and his mother can set up a foundation,” said Mina Sirkin, a lawyer who specializes in estate planning in Woodland Hills, Calif.

In a 2007 survey of people with assets above $500,000, by PNC Financial Services Group, 30 percent said that their heirs had to meet certain conditions to receive their inheritance. Fourteen percent said they put restrictions on how the heirs could use the money.

Like other Americans, the PNC sample expressed contradictory positions about inheritance: only 17 percent said it was more important to give to charities than to family members, but the majority, 62 percent, said that every generation should be responsible for creating its own wealth.

Ms. Sirkin said that among her clients, “no one thinks there’s too much to give to the children. Your view of money is usually relative. The other day a couple came in, they’re worth $15 million; in a little while they’ll be worth $30 million, and if you ask them, Is this too much for your 21-year-old, they don’t believe it, because they’re accustomed to it.”

Frank and Ruth Butler disagreed about how much was enough. Mr. Butler, 78, a retired chief executive of Eastman Gelatine, a subsidiary of Eastman Kodak, wanted to give his fortune to charity. Mrs. Butler, 76, wanted to subsidize the education of their three grandchildren. So they divided their resources in half, creating an educational trust from Mrs. Butler’s side and a charitable foundation from Mr. Butler’s, to be administered with their children. The grandchildren have all finished college now, and there is still money in the education fund.

“My feeling is that our children have already benefited greatly from being in our family,” Mr. Butler said. Mrs. Butler said her view was: “I felt our children would not be able to help their children as we helped them. I wanted it to be clear that they didn’t have to limit their choice of colleges.”

The idea of not handing down one’s wealth — and of making that decision in the name of class values — fits a society in which wealth is increasingly entrepreneurial. In more aristocratic societies, benefactors expect heirs to assume their class values along with their estates. By contrast, many self-made millionaires say that too much inheritance might work against their values — specifically the values that enabled them to make the fortune in the first place.

Martin Rothenberg, 74, who started a company that makes voice-recognition software, said he hoped not to leave his children anything. “My goal is to have my bank account run out on the day that I die,” he said.

After Mr. Rothenberg received $10 million in the sale of his company, Syracuse Language Systems, he set up a charitable foundation and a community foundation for his three children to run, with assets of just under $5 million. With some of the remainder, he started a company called Glottal Enterprises, which makes speech aids for people with impaired hearing — “a small company that loses money,” he called it.

“I think they all probably would like more money,” he said of his children. “In one case that was communicated directly, as money for grandchildren for schooling, but not strongly. But by giving out the money early, that settled it. They can’t think of my money as their money because there isn’t any money.”

Mr. Rothenberg’s daughter Sandra, 39, said that it was she and her siblings who pressed to settle the inheritance early.

“The kids wanted it earlier, not after he died, so we didn’t have to spend the rest of our lives wondering, if we did this, would he cut us out of his will?” said Ms. Rothenberg, who teaches corporate social responsibility at the Rochester Institute of Technology. “We didn’t want money to be a factor in our relationship. I think part of him wanted it over with, too.”

Mr. Rothenberg said that he gave his children some money for basic needs, but that for large sums, “giving them money that they can give away is more valuable than giving them money that they can spend. And as a practical matter, there are times when they might make a donation to a local charity, say $10,000, and it would be hard for them to take their own money to do that. That’s been very freeing for them.”

Even in close families, inheritance often gets messy, especially when children have different needs and abilities to manage money, said Beth Kaufman, an estate planning lawyer at Caplin & Drysdale in Washington.

“There’s a tension,” she said. “Do you give the responsible children money outright and put the others’ money in a trust? Do you make the responsible kid trustee for the irresponsible one? That can really damage a sibling relationship.”

A sure recipe for disaster is leaving a vacation property jointly to the children, she said. “All of us as parents want to believe our children will be friendly when we’re gone,” Ms. Kaufman said. “The reality is you’re leaving them a white elephant.”

In the end, the parents are gone, and the heirs must deal with what remains — a statement of purpose, a foundation they may or may not support, a trust they may not feel they need. David Wallechinsky, the son of the writer Irving Wallace, said he managed his mother’s finances for the last seven years of her life. Now, at 60, having his inheritance meted out by trustees feels like an indignity, he said. “It was as if we had entered a looking-glass world in which, instead of gaining an inheritance, we lost control of the family trust.”

But recently he received copies of his parents’ papers, which are archived at the Claremont Colleges in California. He said this was his real inheritance.

“I suppose I should be concerned about the money, but I want to leave my kids a family history and a family intellectual history, because we’re fortunate enough to have one.”

Source for post: The New York Times

California Gay Marriage Ruling Unlikely To Have A Broad Impact

The legal wrangling over gay marriage in California in recent weeks has gotten a lot of attention for potentially expanding or limiting the rights of gay couples.

But aside from the cultural benefits that are at stake and the precedent that will be set by the ultimate decision, relatively few stand to receive any financial benefits. Of the more than six million unmarried-partner households, just under 780,000 are gay, according to the Census Bureau. Of those, only 3% are in Massachusetts - the sole state where gay marriage is legal - and 14% are in California, where there's a good potential it will be legal soon.

"We kinda hear this stuff on the news and think these people are getting the same rights as married people, but that's so not the case," says Harlan Levinson, a Los Angeles-based accountant who warns that gay married couples can face a higher tax bill today than if they had remained single. "These people still need to have a living will, power of attorney and to sit down with an attorney or financial planner."

By and large, gay couples - and domestic partners in general - need to protect themselves proactively when it comes to their fiscal health. At the very least, a will, power of attorney and medical power of attorney should be in place, says Loreine Smith, a financial planner with Dallas-based firm Life Plan Strategies.

She also suggests couples make sure assets are titled properly and that arrangements are made for medical issues, retirement, child custody and estate planning. "It becomes very important in case one pre-deceases the other or in case they split up," says Smith. "If it's after the fact, there isn't a whole lot they can do."

Some tips on protecting yourself, regardless of how things play out in court and the legislative halls:

Health Care

More employers have begun extending benefits to domestic partners, but certainly not all. A 2007 Hewitt Associates survey found that 54% of firms offer coverage for domestic partners but only 32% offered benefits to both same- and opposite-sex couples.

If that is not an option, domestic partners should craft legal documents that designate a non-spouse beneficiary.

Partners should also seek out long-term care insurance and government benefits, says Ian Weinberg, a financial planner with Long Island-based Family Wealth & Pension Management. If one person does not have additional coverage, he or she can potentially tap into Medicare or Medicaid and supplement that plan with personal income.

Weinberg also warns against owning a home as joint tenants, because it allows the government to lay claims to the asset if either party is ill and needs government benefits.

"You have to segment out the emotional aspect of it versus the practical aspect," he says. "You want to say, 'We own this home in the Hamptons together; we own this home in the city together,' but technically it's not a good idea to have it set up this way."

Taxes

Even when gay marriage is a state-offered option, it packs a punch with taxes as long as the commitment is not recognized at the federal level.

"They're going to get hammered," says Joan Zawaski, tax director at San Francisco-based accounting firm A. L. Nella & Co., which filed about 60 returns for gay married couples last season.

Costs can be nominal or extreme, depending on the couple's financial position, but it's an important factor to consider. Those with large estates of $2 million or more have to consider hefty estate taxes that come with passing along assets to a non-spouse. Sharing more than $12,000 per year with a non-spouse will also face gift taxes.

For income tax, A.L. Nella found that gay married couples who both earned decent salaries posted higher costs than those with one primary earner. It's also more expensive to have the complicated returns prepared.

Estate Planning

Avoiding a will can be even more dangerous for domestic couples, since the partners don't have the same implicit rights as married couples.

"A lot of people don't like to think about wills," says Zawaski. "They don't like to think about the fact that they're going to die, but it's not fair to your partner or your children, if you have any."

Setting up a living trust with your partner as the beneficiary can ensure that assets will get distributed as intended in case of death. Creating a life-insurance policy in the partner's name can also keep some cash out of the taxable estate, Zawaski adds.

It's important to make sure documents are updated as situations and assets change over time. Having accurate legal documents limits the possibility that unsupportive family members will intrude on your last wishes. Levinson says brutal encounters can occur in court and otherwise if last wishes aren't made official.

"If there's intestacy, there could be a real hassle to disentangle this," he says. "When close relatives are not supportive off the relationship, it can be pretty ugly."

Tracking Down Experts

Partners should find tax, legal and estate-planning experts who have experience with their situation to make sure all aspects are given the proper consideration.

"All of these things have to be balanced very delicately because they all affect each other," says Weinberg.

Getting a referral from a trusted network of people can better ensure that the lawyer or planner is sympathetic and experienced with the situation.

It can be a long and frustrating process to hunt down professionals, pay the extra costs, pore through the paperwork, update information and make tough financial and personal decisions. However, its importance can't be overstated, especially for those with large assets or complicated situations that will require a roadmap in case of emergency or death.

"It's a pain in the neck," says Zawaski. "There are lawyers' fees to draw it up; you have to retitle all your assets. But once it's done, it's done."

Source for post: TheStreet.com

Estate Tax Repeal Is Likely Dead, But Reform May Still Be Possible

As the author of a recent piece in Investment News notes, the three leading candidates for president - Republican John McCain and Democrats Barack Obama and Hillary Clinton - all support some degree of reform of the estate tax, though none support an outright repeal, which means that abolition of the tax will likely not survive as an issue after this year's presidential election. Each of the three candidates, however, has endorsed some form of reform plan, although the details of the proposals vary slightly.

Senator McCain's plan is clearly the most generous. The Arizona Senator is on record as supporting an increase of the estate tax exemption to $5 million, lowering the tax rate to 15%, and indexing the exemption amount for inflation. The two Democratic contenders, meanwhile, both have proposed essentially freezing the exemption amount ($3.5 million) and tax rate (45%) at their 2009 levels. Neither supports indexing for inflation. While clearly less taxpayer friendly than Senator McCain's proposal, the Democrats' plan is at least an improvement over the scheme that will be in place in 2011 under current law.

In short - repeal is likely dead for the foreseeable future, but some reform will probably be put into place after this fall's election.

Trusts Serve Multiple Planning Purposes

A recent article in Black Enterprise magazine provided a pretty good primer on the various reasons for using trusts as a part of your estate plan, as well as a description of many of the more commonly used trusts. As the author of the article notes, the reasons to use trusts include:

  • You have sizable assets
  • You want your estate to be payable to your heirs upon their meeting certain conditions, such as graduating from college, not necessarily immediately after your death,.
  • You have a disabled relative you would like to provide for without disqualifying that person from Medicaid or Medicare.
  • You want to reduce estate and gift taxes.
  • You want to protect your assets from creditors and lawsuits.
  • You'd like to ensure that the principal or remainder of your estate goes to your children or other heirs after your spouse dies.
  • You'd like to maximize estate tax exemptions for yourself and your spouse.

There are, of course, numerous other reasons to employ trusts in your planning, and no two client situations are alike. Only through carefule consultation with your attorney and finan cial advisers can you assure that the structure of your plan best meets your goals and objectives and furthers the hopes and dreams that you have for your family and for your legacy.

Holding Property as Joint Tenants With Your Children May Not Be a Good Idea

A few weeks ago I wrote about ways to avoid probate, in that post I mentioned that property that is jointly owned passes outside of the probate process.  It sounds like a great way to pass your real estate to your children and save money in the process. 

Mina N. Sirkin wrote a great post over at her Law Firm Marketing & Management Systems blog covering this topic.  If you would like to read her post click here.  Basically it boils down to this; when you hold real estate in joint tenancy with someone their problems can become your problems. 

If your child has a judgment entered against them your real estate could have a lien placed on it to satisfy the judgment.  Satisfaction of that judgement could result in having to sell the home to cover the lien.  The other large problem is if you decide you want to sell your home you will need your child to consent to the home.  That issue can be compounded if the child is married, then you will need your child and your child’s spouse to agree to the sale. 

On top of the possible family strife involved the tax basis can also be an issue.  If mom and child hold real estate in a joint tenancy and mom passes away then the child will only receive a half step up in basis.  Here’s an example:  Say mom buys the property for $100,000 adds the child to the title as a joint tenant and when she passes away the fair market value of the property is $500,000.  Mom’s half of the real estate is transferred to the child and that half gets the step up in basis ($250,000) and now the child holds the real estate all by herself.  The child’s half still has the basis it started with, $50,000, and added to that is the half that got the step up in basis, $250,000, for a total basis of $300,000.  So now if the child sells the property for fair market value of $500,000 she would have a taxable gain of $200,000.  (Sale price $500,000 minus basis $300,000 = $200,000 taxable gain)

Contrast that with what would have happened had mom held the property all by herself and then the child inherited the property from mom after she passed.  The child would receive the property with a stepped up basis equal to fair market value, $500,000.  Now when she goes to sell the property she would not have any taxable gain.  (Sale price $500,000 minus basis of $500,000 = $0 taxable gain)

The moral of the story is that you should carefully consider the pros and cons of holding real estate in joint tenancy.  The legal and tax ramifications can be severe.  Proceed with caution!

Source: Minnesota Estate Planning Blog

"Dynasty" Trusts Not Just for the Super Rich Anymore

The New York Times recently ran the following article on the growing popularity of so-called dynasty trusts. These vehicles provide a means for enabling families to keep valued assets within the family for multiple generations, and to protect their assets from dissipation via the mismanagement of future generations, or the claims of their heirs' creditors. Read the article from the Times in full below the fold. Your estate planning attorney can assist you in determining whether such a vehicle might be of benefit to you,

Continue Reading...

Reasons to Prepare a "Living Trust"

There are a multitude of reasons why you should consider preparing - and funding -  an inter vivos, or "living" trust -  as a part of your estate plan. I will be discussing many of these reasons here in the coming months. As an initial matter, however, estate planning attorney Daniel Dorsch has provided a pretty good introductory list of reasons to consider including a living trust as a part of your estate plan:

  • You want to avoid probate. Since the property is no longer in your name as an individual, but is now in your name as trustee, there is no reason to go through probate. This is a savings of 5%-10% of your gross estate. An additional benefit is that it will only take weeks instead of years to transfer your property to your heirs.
  • The trust will remain private. Unlike a will, which has to be filed as a public record in the probate court, the trust remains a private document even after your death.  
  • With certain provision in the trust, you can completely avoid or reduce estate taxes. This can mean savings of literally thousands of dollars.
  • You avoid the potential of a guardianship hearing because you have already named someone to take your place if you are unable to handle your affairs. In addition, you can set up your trust to allow your family Doctor to make the decision of whether you can handle your own affairs. The alternative is to allow a judge to do this in a public hearing.  
  • If your heirs are too young or immature to handle the money you will leave them when you die, you can use a trust to determine when they will receive the money and how much they will receive each time. For example, you can leave instructions that say, when my child reaches 30, he gets 1/3 of the property. When he reaches 35, he gets another 2/3.   And when he reaches 40, he would receive the final 1/3, or the remaining balance of the estate.
  • The trust is less open to attack than a will. This means that your wishes have a better chance of being carried out.  
  • In the context of a second marriage, the trust is an excellent way to protect both the surviving spouse and the children from your previous marriage.
  • If you have property in another state the trust will eliminate the probate in the other state.  
  • Transferring property through a trust allows your property to receive a stepped up basis. This could greatly reduce the amount of capital gains tax your heirs will pay.
  • Setting your finances in order will give you peace of mind.

Former Astor Lawyer, Now Indicted, Frequently Benefited From Clients Largesse

Francis Morrissey, the now indicted  former lawyer for the late Brooke Astor, preyed upon other elderly clients, as well. In a fascinating, and disturbing, article published yesterday, the New York Times discussed in detail the myriad of elderly clients that Mr. Morrissey and his cronies and accomplices ingratiated themselves with, and in whose wills Mr. Morrissey somehow often managed to find himself included. The article reveals a scheme involving what, to my mind, are appalling breaches of trust and ethics. Morrissey apparently decided that he would do better by not charging for his legal services and trying to charm his way into being named executor of the client's estate, or, even, receiving a bequest in the estate. After reading this article, allow me to offer a word of caution - beware lawyers bearing smoked hams. Or offering to do your estate work for no charge.

Who Gets a Seat at the "Planning Table?"

Phil Cubeta, who publishes a blog called "Gift Hub" had a post recently in which he discussed who ought o be involved, or "have a seat at the table," when a family constructs what Phil calls the "legacy plan," what some might more prosaically call a wealth transfer plan. Phil argues, very persuasively, I think, that grown children, typically the natural heirs of the family's planned wealth disposition, should be included in these discussions, but for a variety of reasons seldom are. As Phil states:

what a difference for the better it could make to include them before the plans are drawn. Children who are included will not "misread" the final documents as a critique of them. ("Daddy rules me from the grave through my trust officer because Daddy never loved me, never trusted me, and hated my boyfriend. He called my boyfriend a 'predator.' Why did Daddy do this to me? How did I deserve this? No one will ever love me for myself, only for my money. My peers just want to get a loan. No one can understand why I never had a job. Why should I work? My trust gives me more than I could ever make. I have done nothing all my life. I am a failure!")

In my view Phil is absolutely right. Estate planning is a family affair. I don't mean to say that your children need to know every jot and tittle, every last minute, confidential detail of the family finances (although they will learn them eventually, inevitably). But so many potential problems can be avoided if you share information,and yourplans, and the reasons for them, with your family as you formulate them.

How Often Should You Review Your Estate Plan?

That was the subject of this article in The Signal. The author of the article advocates for an annual review of your plan. While I thinIk that the frequency with which you need to review your plan, I unquestionably agree that regualr, careful review of your estate plan is essential. If your lawyer contacts you and suggests that he or she thinks a review of the plan might be a good idea, he's not just looking to earn an extra fee (and many lawyers, myself included, will conduct a regular review for no or minimal additional fee, depending upon the nature of the initial fee agreement), he's just being conscientious. Any estate planning lawyer that does not assist her clients with such regular, periodic reviews, is doing the client a serious disservice. The main reasons for doing these reviews were highlighted in the article in The Signal, and include:

  • Changes in the character or scope of your assets - As time goes by, we all obtain additional assets, dispose of others and the value of what we own changes. It is important to assure that the plan that is in place is still appropriiate given these changes.
  • Changes in the law - The laws that apply and affect your estate plan change frequently, including, but not limited to, the federal estate tax and any state taxes that apply. Regular check ups help to assure, among other things, that your plan maximizes the value of the assets you will pass on under current law.
  • Changes in family circumstances - Births, deaths, marriages and divorces may impact how you want to dispose of your assets, or may have an unanticipated and undesired impact on the disposition scheme that you already have in place.
  • Changes in your goals - It may be that the financial and other goals you had in mind when you first did your plan have changed. a periodic review of the plan provides you with the opportunity to assure that the plan that you have in place is best suited to meet these goals.
Estate planning is not a "one and done" deal. Your financial assets are not static, nor is your family situation. While an estate plan can, and should, be drafted so as to be flexible enough to accommodate changes in circumstances, not everything can be anticipated in or provided for in the initial plan. Do yourself, your family and your heirs a favor and regularly review your estate plan. If your plan is more than a year or two old and you have not performed such a review, contact your attorney.

More On Do It Yourself Planning

I have written here before on a couple of occasions about the disasters that often befall those who decide to forego professional advice and prepare their own estate plans. Please understand, I take no pleasure in the plight that such folks find themselves in. Rather, I think that highlighting such cases can help others make better decisions and, hopefully, avoid falling into the same traps. To this end, I recommend to you this post by David Goldman on his Florida Estate Planning Lawyer Blog, in which he brings to our attention a host of such do it yourself disasters, some of which I have linked to in the past, but some of which I have not. MMany thanks, David.

IRS Reverses Policy On IRA Rollovers

The Pension Protection Act of 2006 included a provision that would permit non-spouse plan beneficiaries to transfer assets directly from the plan to a properly titled inherited individual retirement account. Also permitted was the ability of non-spouse beneficiaries to take stretch distributions over their lifetimes instead of being subject to the harsh payout rules of most company plans. This provision became effective in 2007.

The purpose of the provision was to allow non-spouse plan beneficiaries the same ability to stretch post-death distributions over their lifetimes as if they inherited from IRAs. That was the plan, but the provision lost its steam when the Internal Revenue Service released Notice 2007-7 in January stating that the provision was not mandatory for plans.

This created confusion and controversy, and was contrary to what Congress intended. Congress realized this and proposed a technical correction to the law stating that employer plans must allow the non-spouse direct rollover to an inherited IRA.


Source: Investment News


In light of the pending Congressional technical correction, the IRS reversed its position and said that the non-spouse rollover provision will be mandatory beginning in 2008. There has been no official announcement on this yet, other than a posting on the IRS website (see irs.gov/retirement/article/0,,id=173372,00.html).

This change in the IRS position is especially helpful to employees who are still working and who have had no chance to do an IRA rollover. It will avoid a quick payout to their non-spouse beneficiaries such as their children or grandchildren.

It is also a big benefit to unmarried partners who inherit qualified plans and cannot be treated as spouse beneficiaries under the tax law. Without this change, an unmarried partner who inherited from their partner would not be able to do a spousal rollover, even though they might be legally married under state law. For tax purposes, they are non-spouses.

In dealing with non-spouse rollovers, the current timing and transfer rules still apply. The transfer must be a direct transfer (a trustee-to-trustee transfer), and it must be done by the end of the year following the year of death. In addition, the beneficiary must take their first required minimum distribution from the inherited IRA by that same deadline (by the end of the year following the year of death). If the transfer is not done within the time guidelines, the beneficiary will still be able to do the transfer but will be stuck with the usually less favorable payout option of the plan (probably the five-year rule) instead of getting to stretch the payments over their lifetime.

If funds are turned over to a beneficiary (that is, not handled as a direct transfer), the beneficiary cannot correct the error and transfer those funds to a properly titled inherited IRA. Instead, the entire amount of the distribution will be taxable — bringing an end to the tax shelter.

The direct transfer must be to a properly titled inherited IRA. The name of the deceased plan participant must be in the title of the inherited IRA. One example of proper account titling for an inherited IRA is "Bob Jones, deceased (Nov. 28, 2007), IRA f/b/o Jane Jones," where the dad was the 401(k) participant, and his daughter is the beneficiary of his plan.

A trust can be a non-spouse beneficiary, too. In order to take advantage of this non-spouse transfer provision, the trust must qualify as a "see through" or "look through" trust under the IRS requirements. The trust also must be valid under state law, it must be irrevocable after death, the trust beneficiaries must be identifiable, and the trust documentation or the trust itself must be delivered to the plan administrator by Oct. 31 of the year following the year of death — plus all trust beneficiaries must be individuals. A trust that does not qualify cannot do a direct transfer to an inherited IRA.

This change in IRS position is not a reason to leave money in an employer plan. If an IRA rollover was the right move before this policy change, it is still the right move now. The last thing you want is for your new clients, the beneficiaries, to be at the mercy of some plan. As you can see, plan provisions can change.

Most times, the best move is still to do the IRA rollover when possible, unless one of the lump-sum- distribution tax breaks such as net unrealized appreciation or 10-year averaging might work out better for your client.

Another Do It Yourself Disaster

I have posted here before about the hazards of trying to do "do it yourself estate planning." The reasons why its a bad idea, and the possible adverse consequences of planning your estate or engaging in significant financial transactions without professional advise are too numerous and varied to list in a blog post. This is not to say, however, that we can't all learn from the unfortunate examples that osmetimes come across my radar screen. The Wills, Trusts & Estates Prof Blog discussed a couple of such cases recently, about which you can read here and here. Please do yourself - and your loved ones - a favor, and seek professional advice when planning for the disposition of your assets.

New Prognostication on Tax Reform

I have taken the comments below from the new edition of Estate Planning Journal, prepared by a connected, Washington D.C. attorney. I think these are reasonable, and represent the current consensus of planners who pay attention:

“Whatever the candidates say as to their campaign positions, economic and political realities will come into play when the new President takes office and must work together with Congress. Members of both political parties have an interest in avoiding the 2010-2011 train wreck. The Democrats do not want to allow even one year of repeal; it is very hard to put the genie back into the bottle. The Republicans want to avoid having the exemption return to a $1 million exemption level in 2011. Therefore, the prediction of a resolution before the end of 2009 seems sound, and it suits the needs of all parties.

Even if one of the Republican candidates becomes our 44th president, it is very unlikely that the estate tax will be repealed. President Bush campaigned twice with repeal in his platform; however, once in office, the economic realities took precedence and Congress could not enact the repeal bill that President Bush sought. Although estate tax repeal has been included in the President’s budget proposals for years, including six years with a Republican controlled Congress, estate tax repeal will not be enacted due to its budgetary cost and competing demands on the federal purse. A new Republican President would not enjoy greater success on this issue. Compromise is really the only option now.

Congressional action in spring 2007 indicates that there may be significant support for a temporary extension of 2009 law. If there is a compromise that keeps the estate tax in place, there is a onetime ability to offset some of the cost of the increased unified credit with the revenue gain in 2010, the year for which current law provides for no estate tax. In a three-year extension of 2009 law, the first year is a revenue raiser, followed by two years in which there is revenue loss due to the change from a $1 million exemption to a higher exemption. A three-year extension would certainly be helpful, as it would eliminate the nonsensical one-year repeal, and would establish a fixed exemption level and rate. Nevertheless, a three-year fix is likely to add the estate tax to the package of tax provisions that is required to be the subject of periodic extender bills, and would do nothing to eliminate the current uncertainty that plagues clients and their tax advisors.

The rate considerations are more complex than the exemption level. Under pre-EGTRRA law, the top estate tax rate was 55%, but state death taxes were creditable. For an estate over $10 million, the state tax rate was 16%, leaving a real federal rate of 39%. Under present law, the applicable rate is a flat 45%. The net result—whether an estate is paying more tax or less—depends on state law…….

Dusting off my crystal ball, here is the prediction: If the Democrats win both the Presidency and control of both houses of Congress, the compromise will be to extend the 2009 rates and exemption level: a $3.5 million exemption and a flat 45% rate. If the Republicans win both the Presidency and control of the Congress, the compromise will be a $5 million exemption and a 35% rate. While the Republicans would prefer repeal or, at a minimum, lower rates (a la McCain), that would be too expensive in terms of revenue loss. If the Democrats and Republicans split control of the White House and Congress, the compromise will still fall within this range.”

Source: Will Doctor's Latest Updates

Life Events Provide An Opportunity To Review Planning

It is always a good idea to review the various aspects of your family's financial plan, including your estate plan, on a regular basis. I know that this is often easier said than done. In addition, it is usually a good idea to consult your accountant, financial advisor and attorney before making major life decisons, such as getting married, adopting a child (or on the birth of a child) or getting divorced. Here is a fairly comprehensive list of life events that warrant such a review, courtesy of tax lawyer Charles Rubin:

  • Birth of a child or grandchild;
  • Marriage of self or heir;
  • Divorce;
  • Death of a spouse or child;
  • Major change in the tax laws;
  • Major change in financial circumstances, such as a substantial inheritance;
  • Change of domicile to a new state or country;
  • Acquisition of out-of-state or out-of-country property;
  • Major illness;
  • Acquisition or sale of a business or real estate, including major liquidity events;
  • Major charitable gifting;
  • Acquisition of life insurance or significant annuity policies;
  • Significant gifting to friends or family members;
  • Or in the absence of any of the above, the passage of 4-5 years since the last review.
Source: Rubin on Tax

Long Live the Death of the Estate Tax

OK, I couldn't resist. Reprinted below the fold is a post from a blog called Economic Trends by a fellow named Ed Morse, making the case, convincingly I'd say, that Warren Buffet's views on the estate tax are all wet. You can also read another critique of Buffet's views here.

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Estate Tax Fix In The Works?

From Tax News comes the following hopeful repor that Congress may in fact do something sometime soon about the uncertain status of the federal estate tax. I will refrain from commenting on Warren Buffet's remarks here (but may well do so in a future post) - let us at least hope that Congress does SOMETHING soon to bring at least a little certainty and predictability to the tax considerations that go into estate planning. Here's the gbit from Tax News:

At a November 14 Senate Finance Committee hearing, Republicans and Democrats, in rare agreement, said that the current estate tax situation is a quagmire and needs to be fixed. The only question is how. With total repeal out of the question, Committee Chairman Max Baucus, D-Mont., put the question to his committee and a panel of tax experts, including two family business owners whose heirs could be forced to choose between selling the family business or going deep into debt in order to settle with the IRS.
Lawmakers and panelists also agreed that, in addition to the costs, the uncertainty associated with the future of the tax creates havoc with estate planning, as small business owners find themselves constantly adjusting their wills to accommodate new family members and shifting tax rates included in the Economic Growth and Tax Relief Reconciliation Act of 2001 (P.L. 107-16). "Complicated trusts often have to be created to deal with the moving target estate tax exemption," testified attorney and law professor Conrad Teitell. "And we have to draft for the contingency that there won't be an estate tax in 2010," he said. "Families must have multiple estate plans," agreed Baucus. "And that costs money."
Teitell, who has published a number of articles on the topic of taxes, wills and estate planning, noted that life insurance planning to pay for estate taxes and provide liquidity is also difficult. Indeed, constant estate planning has become a necessity in these uncertain times, according to Teitell. "Putting off decisions until Congress acts can be hazardous to your wealth," he quipped.
With panelists and lawmakers basically on the same page, the focus of the hearing quickly moved to where to draw the line - how big of an estate should trigger the tax. While many felt full repeal was justified, a straw poll appeared to settle on a figure of around $4 million, indexed for inflation. For his part, Baucus said that current congressional dynamics are such that he must wait until 2008 to begin looking at adjustments to the estate tax, but he told reporters following the hearing that major changes would come either in 2009 or 2010.
While the hearing was ostensibly dedicated to exploring the problems associated with the current estate tax laws, the star power of one panelist, business magnate and philanthropist Warren Buffet, proved too tempting for some lawmakers to ignore. Ranking member Charles E. Grassley, R-Iowa, asked Buffet to digress from the estate tax topic and give his opinion on taxing carried interest, an issue that Grassley admitted he remained undecided on. Buffet acquiesced, telling Grassley that he once served as a hedge fund manager and that he regarded it an occupation like any other and should, therefore, be taxed as such.
Grassley then turned to the question of tax-exempt charities and college endowments, asking Buffet whether he thought the current laws on charitable spending requirements should be changed. Buffet again acquiesced, telling the senior lawmaker that charities and endowments were no different than private businesses when it came to federal requirements and that they would use their funds as they saw fit. "It's institutional economics", said Buffet. "Require them to spend 3 percent of their donations on charitable purposes and that's what they will spend. Require 5 percent and they'll spend that." Flat-tax advocate Ron Wyden, D-Ore., inquired of Buffet his views on the subject. "I'm with you in principle," responded Buffet."But, it should be progressive."
By Jeff Carlson, CCH News Staff.

Source: Tax News

Should You Tell Your Children About Your Plans

Leanna Hammill recently posted some interesting thoughts on her Massachusetts Estate Planning and Elder Law Blog regarding what, if anything clients should tell their children about their estate plans. As I have discussed here before, I am a definite proponent of sharing information with children regarding family finances and estate issues. Posted below are Leanna's thoughts on this isue.

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Is It Malpractice To Leave a Trust Unfunded?

Michael Bonasera asks a couple of interestin questions at his Ohio Trust & Estate Blog:

  • After you have done a revocable living trust for client, is there a requirement (implicit or otherwise) on the lawyer to insure that the trust is funded or mechanisms are in place to allow for it to be funded?

  • Further, if the trust is not funded when the client dies (leading to a larger probate estate than would have otherwise been necessary if the trust had been funded), is the attorney who drafted the trust liable for malpractice?
  • Michael's questions touch on what, to me, is a classic question of whether the attorney is responsible for doing more than providing his or her best advice to a client. In my mind, the answers to both of Michael's questions are no, assuming that the attorney has done his or her very best to make it very clear what needs to be done to fund the trust, offers to either provide whatever assiatnce is necessary or provides referrals to other professionals who can provide that assistance, and clearly explians to the client, and receives acknowledgment from the client that the client understands, what needs to be done and the conseqauences of not doing it. So I guess that's a no, probably. What do you think?

    Take Full Advantage of 529 Plans

    Congress has given you a terrific way to save for college.  Don't let it slip by.

    So-called "529" plans are investment vehicles which permit money you set aside for a child or grandchild's education to grow tax free.  If the funds are in fact used for college, they are never taxed.

    Many states have offered further benefits to these plans, including creditor protection in the event of bankruptcy and state income deductions for contributions up to certain limits.  More than half of states offer some sort of creditor protection and more than 30 states offer at least some income tax deduction.  Though they may provide for recapture of the deducted income if the account is moved to another state.

    An odd aspect of 529 plans is that although they are authorized under federal tax law, they depend on state legislation.  So each state has its own plan or plan operated by an investment company.  While investors may take advantage of any plan offered by any state or investment company, some of the state benefits only apply to their own state plans.

    Another advantage to 529 plans is that permit automatic investment.  A donor can provide that a certain amount is deposited into the plan each month, allowing the account to grow over time almost painlessly.

    A final change that makes 529 plans more attractive than formally is that the internal costs of many plans have come down in recent years and some plans now provide for investment in low-cost index funds.

    Source for post: Elder Law Answers

    Planning Isn't Over When You Sign Your Trust Documents

    Jennifer Sawday's recent post on her California Estate Planning blog in which she addresses why you do NOT want to put your retirement plan into your revocable trust provides an opportunity to consider two of the most significant mistakes that folks make when completing their estate plans. First, many fail to fund their revocable trusts. It is not enought to simply sign your trust documents. You've got to actually transfer assets into the trust. This is called funding the trust, and if this critical step is not completed, the trust will serve no purpose whatsoever, in terms of avoiding probate, allowing for flexible disability planning or anything else. Second, the trust needs to be not only funded, but properly funded. This step involves assuring that you transfer to the trust those assets that are best situated there, and leaving outside of the trust those assets that can provide you with more flexibility and tax or financial benefit by staying out of the trust. In many circumstances, as Jennifer notes, retirement accounts are best left out of the trust. Your attorney can, and should, assist you with these processes, as can your accountant. Don't get caught short - be sure that your advisers help you complete the process and have your trust properly funded.

    Uncertainty Over Fate Of Estate Tax Is Causing Increasing Anxiety

    So reports the Wills, Trusts & Estates Prof Blog:

    Earlier on this blog, I discussed the uncertainty associated with the amount of exemption and the tax rate that will be applicable to non-exempt estates in the upcoming years.

    According to Rebecca Knight, Facing up to the two certainties in life, FT.com, Oct. 23, 2007, this uncertainty has caused many Americans to experience an increased level of anxiety. Knight reports:

    The survey, carried out by The Hartford Financial Services Group, found that most affluent Americans - particularly those with more than $2m in net worth - say they are more concerned than they were a year ago about their families having to surrender significant chunks of an estate to federal taxes.* * *

    The top federal estate-tax rate on the biggest estates is 45 per cent until 2009, and will increase to 55 per cent in 2011.* * *

    Compared with the sample average of 49 per cent that expressed greater concern about the estate tax, 73 per cent of Americans with $5m or more in assets, and 56 per cent of Americans with more than $2m in assets, said that their fears were increasing, the survey found.

    The greatest concerns over the estate tax were: the respondents' increase in their net worth; the growing federal budget deficit that might imperil any estate tax cuts; and their sense that the new Congress is less likely to repeal or reform the tax.

    Special thanks to Joel Dobris (Professor of Law, UC Davis School of Law) for bringing this article to my attention.

    Source: Wills, Trusts & Estates Prof Blog

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    Do You Really Need a Revocable Living Trust

    Based on a lot of e-mail messages I have been receiving recently, this is the post that a lot of readers have been looking forward to...some honest commentary on how vital it is for one to own a "Revocable Living Trust" (RLT). Public interest in RLT's has been running high for the last several years. This interest has been fueled a great deal by some attorneys who convince every client that they absolutely have to own one. They create this concept of RLT's as documents that can do accomplish everything for you short of slicing vegetables. This isn't the case because every client is different and RLT's simply are not for everyone.

    Bldjg01107081First, we should start with a quick sketch of how RLT's work. When you sign an RLT you essentially create a legal entity that is separate and apart from yourself, and it is a document that directs how and where the trust assets are distributed when you die, just like a will does. You then transfer ownership of your assets (bank accounts, investments, real estate, etc.) into the name of your RLT. So when you die and the Probate Court wants to know what you owned when you passed away so that it can go through the probate process, the answer is that, technically, you owned nothing...your RLT owned eveything. Therefore, no probate.

    Here is a message well worth repeating: Planning with living trusts does not end when the trust documents are signed (which is the case with wills). Please notice that a vital step in this process is actually putting assets into your trust, which essentially means re-titling certain assets so that they are legally owned by your trust. Otherwise, you'll end up going through probate and defeating the primary purpose of having a trust. In other words, there are two very important steps to this process. Skipping step #2 (funding the trust) is, hands down, the most common mistake made with living trusts...and it's a big one!

    Please note that it is extremely important to sign a "pour-over" will along with your trust. It is a very short and simple will which simply says that upon your death, anything that is not already owned by your trust is poured over into your trust. This ensures that all of your assets are distributed in accordance with the instructions in your trust. Ideally, everything will already be owned by your trust when you die. But just in case you forgot to re-title a particular asset or just didn't get around to it, then the pour-over will finishes the job and gets that asset into your trust. The considerable downside is that the asset now must go through the probate process, which is precisely what you were trying to avoid when you set up the trust in the first place!


    Source for post: The Connecticut Probate Blog

    Estate Planning and Divorce

    Courtesy of the Georgia Family Law Blog Comes the following advice concerning the interplay between divorce and estate planning:

    A. At the beginning of the case

    You may have an estate plan or will that gives your entire estate and life insurance to your spouse if you die. This plan does not necessarily change because someone files for divorce. Talk to your lawyer about what changes, if any, you need to make and are able to make in your estate plan while the divorce is pending.

    Not only should you review your will, you should review the beneficiary designations for your life insurance and retirement plans, including IRAs, and discuss with your lawyer what changes, if any, to make. If you are holding property with your spouse in a form that would give it all to your spouse on your death, you may want to change the form of title.

    There may be restraining orders that temporarily limit your right to change title to property or beneficiaries of insurance and death benefits.

    B. After the divorce

    In some states a divorce will automatically change your estate plan. In other states it won't. So when the case is over, update your estate plan to be consistent with the judgment and with what you want to happen to your estate.

    SOURCE: American Academy of Matrimonial Attorneys, Divorce Manual; A Client Handbook

    Source for post: Georgia Family Law Blog

    Divorce Adds a New Wrinkle to Estate Planning

    Some older clients seek guidance as they end their marriages

    As if baby boomer retirement and estate planning weren’t enough,
    financial advisers are now grappling with another issue brought to the
    fore by boomers: late-in-life divorce. Advisers are reporting that more of their clients who are approaching retirement age are coming to them for financial guidance as they end their marriages.

    ‘We’re seeing people married for 30 years who are now getting divorced,’ said Tom Norton, a certified public accountant and certified divorce financial analyst at Thomas Norton & Co. LLC of St. Louis. Longer life expectancies may mean that unhappy spouses are willing to change their situation if they
    are discontent with their marriages, he added.

    The leading edge of baby boomers — those born between 1946 and 1955 — has the highest divorce rate among Americans. About 38% of men and 41% of women born in that decade were divorced by 2004, according to the U.S. Census Bureau.

    In addition to the emotional turmoil involved, divorce later in life is
    complicated by the need to re-examine and shift retirement and estate
    plans, advisers say.

    Now approaching retirement, boomers have accumulated hefty balances in their qualified savings plans and other accounts, all of which typically are split between the divorcing spouses. But advisers have recognized that divvying up cash and other financial assets often is one of the easier parts of divorce planning, as angst ridden as it may be.

    The most difficult job often is dissuading a client from living a flashy and expensive lifestyle as a newly single retiree, some advisers say.

    ‘This generation as a whole is looking to retire in better style,’ said Howard Sontag, founder and principal of Sontag Advisory LLC in New York and Westport, Conn. ‘It’s hard for someone in the midst of an un-pleasant experience to get intelligent about their money.’

    Mr. Sontag spoke of a client who acknowledged that she could no longer afford the large apartment she had had prior to a divorce but insisted on keeping it anyway. In such cases, clients require advisers who can provide
    emotional and financial guidance.

    ‘When you find people who have been hurt and are still holding that grudge, they can make a lot of bad financial decisions,’ said Drew Tignanelli, president of The Financial Consulate, an advisory firm in Lutherville, Md.

    ‘I’m not saying I’m a psychologist, but you should encourage them to seek help if they need it,’ he added, observing that some troubled clients have turned their backs on their finances and ‘live like paupers.’

    Clients should also be made aware that Social Security may not provide the
    windfall they could be anticipating. Those 62 and older are entitled to
    collect retirement benefits on an ex-spouse’s Social Security record if
    the marriage lasted at least 10 years and if the ex is entitled to
    benefits, in which case the individual may receive the equivalent of
    half of what the ex-spouse receives.

    In case of remarriage, those 62 and over can choose to get benefits based on their old spouse’s or their new spouse’s Social Security record. Those under 62 are entitled to benefits based only on their new spouse’s Social Security record (though if they get divorced a second time, they are entitled to
    benefits based on either spouse’s record).

    Aside from helping clients create a budget, understand cash flow and seek retirement work opportunities, advisers also must untangle estate plans. This calls for a team of lawyers and accountants, especially when divorced individuals remarry.

    ‘Estate planning is most complicated when there’s a large disparity in assets, and the new husband and wife want to keep assets separate,’ Mr. Tignanelli said. The situation becomes messier when stepchildren become involved.

    The law regarding a ‘per stirpes’ distribution, or the equal division of assets among descendants in an estate plan, can vary from one state to another and
    may not include stepchildren, Mr. Tignanelli added.

    ‘When clients divorce and then die, you have to make sure that the stepparents will leave something to the children — that’s the battlefield of estate administrations,’ he said.

    Read more at Investment News.

    (Via California Divorce and Family Law.)

    Estate Tax Uncertainty Is Prompting Rethinking of Planning Stretegies

    The Wall Street Journal last week ran an article discussing the ways in which families and their advisers are trying to cope with the continued uncertainty with regard to the future of the federal estate tax. The article highlighted the continuing uncertainty about what form the estate tax will take in future years, especially with regard to the exemption threshold and the tax rate that will apply to non-exempt estates, and the planning challenges that accompany this uncertainty. As the author of the article suggests, the uncertainty primarily affects those holding assests valued between $1 million and $5 million, since the likelihood is that, whatever Congress ultimately does about the issue (if anything), those with estates worth less than $1 million are not lilely to be subject to the estate tax, and those with estates worth more than $5 million already are, and are not likely to see any permanent relief. As I have discussed here, tax planning is not the only, or even the primary, reason to put an estate plan into place. For those who fall into the $1 to 5 million tax netherworld, flexibility and cdreativity are the order of the day. Check out the article, and consult with your financial and legal advisers.

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    Do It Yourself Disaster

    Recently we were having some work done at our home. The contractor is a great guy, a true craftsman and a perfectionist. He is also expensive, but his work is so good that he is worth the price. While finishing up the job, he asked me one day about some estate planning questions that had been bothering him. We chatted for a few minutes, and I suggested we meet to have a more detailed discussion. "Can't I just download some stuff and do it myself?" he wanted to know. I asked him what he thought would have happened if I had tried to do the job he'd just finished for me by myself. "Total mess..." was the response. Exactly. And this case from Massachusetts is a typical example of what happens when youtry to do your estate without any professional input.

    Thanks to The California Estate Planning Blog for this post on the subject.

    Fundamentals of Trust Tax Law

    Courtesy of Mitchell Port of the California Tax Attorney Blog comes a nice Q & A from the IRS that addresses many of the fundamentals of trust law and trust taxation. Like Mitchell, I believe that any good attorney practicing in this area knows the answers to these questions. Nonetheless, I think that the information is of use to most non-trusts and estates practitioners, as well as our clients, and I urge you to take a look at the IRS publication to which Mitchell links in the below post:

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    Paperless Records Can Cause Headaches for Your Heirs

    Leanna Hamill at the Massachusetts Estate Planning and Elder Law Blog, published the following excellent post in which she discusses the problems that "paperless records" can cause for your heirs when you die, as well as certain precautions that you can take to minimize these problems:

    This article from the Wall Street Journal, Paperless World Can Leave Heirs in the Dark, outlines the dangers of keeping all your records on your computer.  With online bank accounts becoming more common, there might not be paper statements of your accounts, and if you don't leave a record of them, your heirs might never know you had them.  And it's not just your death that would require them to know what you have, if you become incapacitated and funds are necessary to pay for your care - you'll want your loved ones to know where to find those funds.

    The article outlines the information you should have in case of an emergency.  It doesn't need to be posted on your refrigerator, but it should be kept in a safe place in your house, and you should let someone you trust know where to find it.  The information includes:

    • details about your assets, what they are, how they are held, where to find the account information.  If you have out-of-state real estate or other assets, be sure to include these.
    • the names of your advisers - your financial planner, your accountant, your attorney, the guardian you've chosen for your minor children.
    • information about any safe deposit boxes you might have.
    • where your estate planning documents are located: your Health Care Proxy, Durable Power of Attorney, Will, Trust and deeds.
    • insurance policies: long term care, life and health.

    A wonderful way to keep track of these things is with the What If... Workbook, created by Gwen Morgan.  The workbook provides a place for you to document:

       
    • financial information
    • personal contacts
    • location of important documents
    • whether you want burial vs. cremation
    • how to care for pets
    • family medical history
    • special gifts you'd like to leave for loved ones
    • and even space for you to start documenting the type of legacy (other than financial) that you would like to leave behind for your loved ones. 

    To help you get started, and to provide the often necessary accountability to complete the workbook, Gwen holds small group sessions or individual meetings.

    Click here to receive the Workbook at a special rate, just for readers of this website.  You could get them for you and your family members for the holidays, as a good way to start the discussion about planning and  your wishes for the future. 

    Source: Massachusetts Estate Planning and Elder Law

    Ruling From the Grave

    Recent news reports concerning Leona Helmsley's $12 milllion pet trust have spurred many discussions about decedents sometimes undestandable, and sometimes bizarre, efforts to influence from the grave the behavior of their heirs. In this regard, the follwoing is borrowed from Investment News:

    Despite widespread incredulity from the public about the weird details of hotel empress Leona Helmsley’s will, some advisers know that bizarre bequests are not uncommon, having watched their own clients seek to rule their families from beyond the grave.

    Ms. Helmsley, who died Aug. 20, left her dog, Trouble, $12 million. That made the pooch seem like a higher priority than

    Ms. Helmsley’s own grandchildren, two of whom received $5 million each and two who were disinherited.

    To collect their fortune, the two favored grandsons, David and Walter Panzirer, must visit their father’s grave at least once each calendar year, preferably on the anniversary of his death. Should they miss a visit, they will be cut off from the money left in the trust.

    The other two grandchildren, Craig and Meegan Panzirer, were disinherited for “reasons which are known to them,” according to the will.

    Advisers and attorneys say they have seen families torn apart as clients disinherit children or grandchildren or require family members to change religion or sign postnuptial agreements before receiving bequests.

    Although it’s difficult not to be judgmental, Jason M. Cole, the managing director of Abacus Wealth Partners LLC in Philadelphia, believes it’s his job to ensure that his clients’ wishes are met.

    One of those clients directed that all assets be left to a pet shelter. Anotther forbade paper plates and plastic forks and knives at the memorial-service spread.

    “We do try not to judge,” Mr. Cole said. “We need to remain as objective as possible about the estate planning process.”

    Clients on ice

    In the annals of posthumous micromanaging, surely few compare with a client of Rick Van Der Noord’s, a registered investment adviser and certified financial planner with Van Der Noord Financial Advisors Inc. in Greer, S.C.

    He helped a divorced man draft a will in which his sons could use the inheritance only for health or medical care — and then only if the costs exceeded $12,000 a year. The sons could get 10% of the inheritance if they completed four-year college degrees, an additional 10% if they received master’s degrees and 10% more should they earn doctorates.

    And there’s more. Each son gets a 20% distribution of the trust if he postpones marriage until age 27. They earn another 20% distribution if they are married to their first spouses for five years, and they earn an additional 20% for every five years of marriage until they’ve been married 15 years.

    By age 45, the two sons will be paid the full remainder of the trust.

    “He was trying to help parent and direct his heirs from the grave,” Mr. Van Der Noord said. “As his adviser, my job is to help him get whatever he wants, and if that’s what he wants, that’s what we’ve got for him.”

    Although some clients try to exert control after death, others plan on coming back to life — hence “cryonics estate planning,” in which advisers manage money for clients who have had themselves frozen in the hopes of being revived years, or perhaps centuries, later.

    “It’s an emerging field, one that I’m helping to create,” said Rudi Hoffman, a certified financial planner and chief executive of Hoffman Planning in Port Orange, Fla.

    “Obviously, there’s no guarantee it will work,” he said. “It’s a best effort.”

    Although Gary Altman, an estate planning attorney and owner of Altman & Associates Inc. in Rockville, Md., hasn’t had any clients make plans for their afterlife, he’s had many clients donate their bodies to scie