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

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.

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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Coping With an Unexpected Inheritance

The July issue of Money magazine contains an interesting article that discusses the problems that some folks encounter when they come into an unexpected inheritance. Nice problem to have, most might think, but it truly is the case that some are overwhelmed, and even paralyzed, by the notion of what to do with their new found funds (psychologists even have a name for the phenomenon - "Sudden Wealth Syndrome"). The article provides some fairly solid advice for those who happily find themselves in this position:

  • Take a breather and wait before making any but the most critical decisions about what to do with the money.
  • Consult with an accountant or financial professional, as well as an estate planning attorney.
  • Allocate funds first to address any urgent financial needs, such as paying down high interest credit cards.
  • Make a wish list and prioritize how you will allocate funds left over after resolving imminent needs.

All of this is good advice. And if you are on the bequeathing end, engaging in proper planning would include, I suggest, helping to prepare any of the objects of your bounty who might be prone to become subject to "sudden wealth syndrome."