Sound estate planning can provide for you and your heirs
Are you putting off estate planning because you’re young, healthy
and busy, or just find the topic depressing? You’re not alone.
Approximately 37 percent of those with assets exceeding $10 million
don’t even have a valid will, according to the Journal of Financial Service Professionals.
Add
up what you’ve accumulated: Appreciation on property, pension
plans,401(k) accounts and stock options may have pushed the value of
your estate higher than you realize. While you may not completely avoid
paying federal or state estate taxes, you can minimize your tax bite
with sound planning.
Why you need an estate plan
One
key purpose of an estate plan is to minimize estate and income taxes
for your heirs. Only a third of people aged 45 or older use an estate
plan to shelter their wealth from taxes, according to a Money survey. Fewer than half know how much taxes could drain their estate.
Undercurrent
law, the maximum exemption from federal estate taxes is $2 million. The
exemption level increases to $3.5 million in 2009, is unlimited in 2010
(one-year estate tax repeal) and drops back to $1 million in 2011. The
highest estate tax rate, 46 percent, will drop to 45 percent in 2007
but is scheduled to jump to 55 percent in 2011.
In addition to
the federal government, many states levy estate taxes,depending on
where you live and own property. Eighteen states recently increased
estate taxes, according to Kiplinger’s Personal Finance.These
states are Connecticut, Illinois, Kansas, Maine, Maryland,
Massachusetts, Minnesota, Nebraska, New Jersey, New York, North
Carolina, Ohio, Oregon, Rhode Island, Vermont, Virginia, Washington and
Wisconsin, plus the District of Columbia. The combined federal and
state taxes could exceed 50 percent of an estate.
Although minimizing taxes is an important goal of estate planning, much more is involved.
According to the Journal of Financial Service Professionals, the goals of establishing a sound estate plan include:
- Designating the recipients of your wealth.
- Appointing the fiduciaries of your choice.
- Assembling a coordinated and comprehensive plan.
- Providing financially for a surviving spouse or dependents.
- Ensuring business continuity and value maximization.
An estate plan also allows you to name guardians for your minor children.
Additionally,
it permits a measure of control, or the ability to manage your assets
after you’re gone. For example, experts recommend distributing funds in
stages. Doing so eases the recipient or recipients into the
money-handling responsibility and cushions the potential hit of a
youthful business or investment mistake. Generation-skipping trusts and
matching contributions based on motivational factors are options to
consider.
Estate strategies help you achieve your financial goals
Many
estate-planning strategies involve trusts. When you’re considering
establishing a trust, key considerations include the type of assets to
transfer, whether you want to retain any benefit during your lifetime,
your degree of control over when and how your heirs use the assets, and
whether to leave something to charity. Experts also recommend
considering your age and health, because some trusts return assets to
your estate if you don’t outlive the period of the trust.
Some of the more common estate-planning strategies include:
Revocable or "living" trust.
Use of a living trust generally avoids probate and allows the heirs
privacy as they settle the estate. Under a living trust, your will
transfers anything not already in the living trust to the trust at your
death. From that point forward, the probate court need not be involved.
The
probate court charges a fee equal to a percentage of assets subject to
probate. However, by placing your assets in your living trust while you
are alive, you can avoid these fees.
The other benefit of
holding your assets in a living trust is that, in the event you are
incapacitated, the trustee you name can manage your assets.
Grantor retained annuity trusts (GRATs).
GRATs are useful for transferring assets that generate substantial
income or you expect to significantly increase in value. When you
choose a GRAT, you place specific assets in a trust for a predetermined
number of years and receive annuity payments for those years. At the
end of the retained annuity term, the assets in the trust transfer to
your named beneficiaries or are held in a trust for their benefit.
If
you die before your retained annuity interest ends, all of the assets
are subject to estate taxes, which would be true even if you’d never
set up the GRAT. You have little to lose and much to gain.
Qualified personal residence trusts (QPRTs).
A QPRT is a trust that holds your principal residence or vacation home.
After you transfer the home to the QPRT, you retain use for a specified
period of years. Similar to a GRAT, the measure of the transfer for
gift-tax purposes is the value of the property discounted for the value
of your retained use.
At the end of the term, the home passes
to your heirs and out of your estate, regardless of the property’s
value and appreciation. You can remain in the home after the trust ends
but must pay fair-market rent to your heirs. If you die before the
trust ends, the property goes back into your estate and is valued at
fair-market value for estate taxes.
Experts say a QPRT is a good
option if you want to give a non cash gift while you’re living. It’s a
particularly effective trust when property is appreciating quickly.
Charitable remainder trusts (CRTs). If
you have charitable intent and appreciated stock, a CRT may be the
answer. When you give a gift to a CRT, you retain a specified annuity
interest. The annual annuity can be a fixed dollar amount (charitable
remainder annuity trust, or CRAT) or a fixed percentage of the trust’s
value (charitable remainder unitrust, or CRUT). The value of the
property transferred to the trust, minus the present value of your
retained annuity, is a charitable contribution that you can deduct on
your income-tax return. A CRT is generally a tax-exempt entity, which
means the trust can sell the stock without paying taxes and reinvest
the proceeds in a diversified portfolio. You pay tax on the income you
receive from the CRT. At your death, what’s left goes to the charity
you name in your trust.
Family loans. You can use a
family loan as an estate-planning device when borrowers invest the
money in a way that earns enough to repay the loan and leave a profit.
Children can benefit from this method to buy a business from a parent,
even if they’re the party issuing the loan. Relatives can lend money to
family members at a rate the IRS sets monthly, which is generally below
the commercial loan rate.
Gifts of cash and life insurance. A
common estate-planning device is the annual gift-tax exclusion. You can
give each of your heirs $12,000 a year tax-free. By consistently making
annual gifts in the maximum amount, you can reduce the size of your
estate and the associated estate-tax liability.
If you’re
concerned about how your heirs will pay estate tax and income tax on
the amount of their inheritance not sheltered from estate taxes, you
can cover it by purchasing life insurance. To avoid estate tax on the
death benefit, you can use a life insurance trust or have your heirs
own the policy. The key is to not retain any rights for the policy
yourself. You can pay the annual premiums as part of your annual
gift-tax exclusions.
Before setting up an estate plan, experts
recommend getting a clear understanding of your assets and how you own
them (in trust, singly or jointly) so you can select the appropriate
tools. You’ll need a lawyer to create the legal documents, but
alsoconsider a financial professional who can work with you to analyze
your assets and objectives and plan a structure to maximize your tax
benefits. Fortune recommends annually reviewing your estateplan
on your own and consulting a professional every two years — and with
any major life change or changes to estate tax laws.